83R8213 TJB-F
By: Rodriguez of Travis H.B. No. 3348
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the governing body of a taxing unit to
adopt a local option residence homestead exemption from ad valorem
taxation of a portion, expressed as a dollar amount, of the
appraised value of an individual's residence homestead.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.13(n), Tax Code, is amended to read as
follows:
(n) The [In addition to any other exemptions provided by
this section, an individual is entitled to an exemption from
taxation by a taxing unit of a percentage of the appraised value of
his residence homestead if the exemption is adopted by the]
governing body of a [the] taxing unit, [before July 1] in the manner
provided by law for official action by the body, may adopt an
exemption from taxation by the taxing unit of either a percentage of
the appraised value of an individual's residence homestead or a
portion, expressed as a dollar amount, of the appraised value of an
individual's residence homestead, but not both. The exemption must
be adopted by the governing body before July 1 of the tax year in
which the exemption applies. If the governing body adopts a
percentage exemption and the percentage set by the body [taxing
unit] produces an exemption in a tax year of less than $5,000 when
applied to a particular residence homestead, the individual is
entitled to an exemption of $5,000 of the appraised value. A [The]
percentage exemption adopted by the governing body [taxing unit]
may not exceed 20 percent. If the governing body adopts an
exemption of a portion, expressed as a dollar amount, of the
appraised value of a residence homestead, the amount of the
exemption in a tax year may not be less than $5,000. An individual
is entitled to an exemption adopted under this subsection in
addition to any other exemptions provided by this section.
SECTION 2. Section 42.2516(f-1), Education Code, is amended
to read as follows:
(f-1) The commissioner shall, in accordance with rules
adopted by the commissioner, adjust the amount of a school
district's local revenue derived from maintenance and operations
tax collections, as calculated for purposes of determining the
amount of state revenue to which the district is entitled under this
section, if the district, for the 2010 tax year or a subsequent tax
year:
(1) adopts a percentage [an] exemption under Section
11.13(n), Tax Code, that was not in effect for the 2009 tax year, or
eliminates an exemption under Section 11.13(n), Tax Code, that was
in effect for the 2009 tax year;
(2) adopts a percentage [an] exemption under Section
11.13(n), Tax Code, at a greater or lesser percentage than the
percentage in effect for the district for the 2009 tax year;
(3) grants an exemption under an agreement authorized
by Chapter 312, Tax Code, that was not in effect for the 2009 tax
year, or ceases to grant an exemption authorized by that chapter
that was in effect for the 2009 tax year; or
(4) agrees to deposit taxes into a tax increment fund
created under Chapter 311, Tax Code, under a reinvestment zone
financing plan that was not in effect for the 2009 tax year, or
ceases depositing taxes into a tax increment fund created under
that chapter under a reinvestment zone financing plan that was in
effect for the 2009 tax year.
SECTION 3. Section 403.302(d), Government Code, is amended
to read as follows:
(d) For the purposes of this section, "taxable value" means
the market value of all taxable property less:
(1) the total dollar amount of any residence homestead
exemptions lawfully granted under Section 11.13(b) or (c), Tax
Code, in the year that is the subject of the study for each school
district;
(2) one-half of the total dollar amount of any
residence homestead percentage exemptions granted under Section
11.13(n), Tax Code, in the year that is the subject of the study for
each school district;
(3) the total dollar amount of any exemptions granted
before May 31, 1993, within a reinvestment zone under agreements
authorized by Chapter 312, Tax Code;
(4) subject to Subsection (e), the total dollar amount
of any captured appraised value of property that:
(A) is within a reinvestment zone created on or
before May 31, 1999, or is proposed to be included within the
boundaries of a reinvestment zone as the boundaries of the zone and
the proposed portion of tax increment paid into the tax increment
fund by a school district are described in a written notification
provided by the municipality or the board of directors of the zone
to the governing bodies of the other taxing units in the manner
provided by former Section 311.003(e), Tax Code, before May 31,
1999, and within the boundaries of the zone as those boundaries
existed on September 1, 1999, including subsequent improvements to
the property regardless of when made;
(B) generates taxes paid into a tax increment
fund created under Chapter 311, Tax Code, under a reinvestment zone
financing plan approved under Section 311.011(d), Tax Code, on or
before September 1, 1999; and
(C) is eligible for tax increment financing under
Chapter 311, Tax Code;
(5) the total dollar amount of any captured appraised
value of property that:
(A) is within a reinvestment zone:
(i) created on or before December 31, 2008,
by a municipality with a population of less than 18,000; and
(ii) the project plan for which includes
the alteration, remodeling, repair, or reconstruction of a
structure that is included on the National Register of Historic
Places and requires that a portion of the tax increment of the zone
be used for the improvement or construction of related facilities
or for affordable housing;
(B) generates school district taxes that are paid
into a tax increment fund created under Chapter 311, Tax Code; and
(C) is eligible for tax increment financing under
Chapter 311, Tax Code;
(6) the total dollar amount of any exemptions granted
under Section 11.251 or 11.253, Tax Code;
(7) the difference between the comptroller's estimate
of the market value and the productivity value of land that
qualifies for appraisal on the basis of its productive capacity,
except that the productivity value estimated by the comptroller may
not exceed the fair market value of the land;
(8) the portion of the appraised value of residence
homesteads of individuals who receive a tax limitation under
Section 11.26, Tax Code, on which school district taxes are not
imposed in the year that is the subject of the study, calculated as
if the residence homesteads were appraised at the full value
required by law;
(9) a portion of the market value of property not
otherwise fully taxable by the district at market value because of:
(A) action required by statute or the
constitution of this state that, if the tax rate adopted by the
district is applied to it, produces an amount equal to the
difference between the tax that the district would have imposed on
the property if the property were fully taxable at market value and
the tax that the district is actually authorized to impose on the
property, if this subsection does not otherwise require that
portion to be deducted; or
(B) action taken by the district under Subchapter
B or C, Chapter 313, Tax Code, before the expiration of the
subchapter;
(10) the market value of all tangible personal
property, other than manufactured homes, owned by a family or
individual and not held or used for the production of income;
(11) the appraised value of property the collection of
delinquent taxes on which is deferred under Section 33.06, Tax
Code;
(12) the portion of the appraised value of property
the collection of delinquent taxes on which is deferred under
Section 33.065, Tax Code; and
(13) the amount by which the market value of a
residence homestead to which Section 23.23, Tax Code, applies
exceeds the appraised value of that property as calculated under
that section.
SECTION 4. This Act applies only to ad valorem taxes imposed
for a tax year that begins on or after the effective date of this
Act.
SECTION 5. This Act takes effect January 1, 2014, but only
if the constitutional amendment proposed by the 83rd Legislature,
Regular Session, 2013, authorizing the governing body of a
political subdivision to adopt a local option residence homestead
exemption from ad valorem taxation of a portion, expressed as a
dollar amount, of the market value of an individual's residence
homestead is approved by the voters. If that amendment is not
approved by the voters, this Act has no effect.