Texas 2013 - 83rd Regular

Texas House Bill HB3348 Compare Versions

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1	1	83R8213 TJB-F
2	2	By: Rodriguez of Travis H.B. No. 3348
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of the governing body of a taxing unit to
8	8	adopt a local option residence homestead exemption from ad valorem
9	9	taxation of a portion, expressed as a dollar amount, of the
10	10	appraised value of an individual's residence homestead.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 11.13(n), Tax Code, is amended to read as
13	13	follows:
14	14	(n) The [In addition to any other exemptions provided by
15	15	this section, an individual is entitled to an exemption from
16	16	taxation by a taxing unit of a percentage of the appraised value of
17	17	his residence homestead if the exemption is adopted by the]
18	18	governing body of a [the] taxing unit, [before July 1] in the manner
19	19	provided by law for official action by the body, may adopt an
20	20	exemption from taxation by the taxing unit of either a percentage of
21	21	the appraised value of an individual's residence homestead or a
22	22	portion, expressed as a dollar amount, of the appraised value of an
23	23	individual's residence homestead, but not both. The exemption must
24	24	be adopted by the governing body before July 1 of the tax year in
25	25	which the exemption applies. If the governing body adopts a
26	26	percentage exemption and the percentage set by the body [taxing
27	27	unit] produces an exemption in a tax year of less than $5,000 when
28	28	applied to a particular residence homestead, the individual is
29	29	entitled to an exemption of $5,000 of the appraised value. A [The]
30	30	percentage exemption adopted by the governing body [taxing unit]
31	31	may not exceed 20 percent. If the governing body adopts an
32	32	exemption of a portion, expressed as a dollar amount, of the
33	33	appraised value of a residence homestead, the amount of the
34	34	exemption in a tax year may not be less than $5,000. An individual
35	35	is entitled to an exemption adopted under this subsection in
36	36	addition to any other exemptions provided by this section.
37	37	SECTION 2. Section 42.2516(f-1), Education Code, is amended
38	38	to read as follows:
39	39	(f-1) The commissioner shall, in accordance with rules
40	40	adopted by the commissioner, adjust the amount of a school
41	41	district's local revenue derived from maintenance and operations
42	42	tax collections, as calculated for purposes of determining the
43	43	amount of state revenue to which the district is entitled under this
44	44	section, if the district, for the 2010 tax year or a subsequent tax
45	45	year:
46	46	(1) adopts a percentage [an] exemption under Section
47	47	11.13(n), Tax Code, that was not in effect for the 2009 tax year, or
48	48	eliminates an exemption under Section 11.13(n), Tax Code, that was
49	49	in effect for the 2009 tax year;
50	50	(2) adopts a percentage [an] exemption under Section
51	51	11.13(n), Tax Code, at a greater or lesser percentage than the
52	52	percentage in effect for the district for the 2009 tax year;
53	53	(3) grants an exemption under an agreement authorized
54	54	by Chapter 312, Tax Code, that was not in effect for the 2009 tax
55	55	year, or ceases to grant an exemption authorized by that chapter
56	56	that was in effect for the 2009 tax year; or
57	57	(4) agrees to deposit taxes into a tax increment fund
58	58	created under Chapter 311, Tax Code, under a reinvestment zone
59	59	financing plan that was not in effect for the 2009 tax year, or
60	60	ceases depositing taxes into a tax increment fund created under
61	61	that chapter under a reinvestment zone financing plan that was in
62	62	effect for the 2009 tax year.
63	63	SECTION 3. Section 403.302(d), Government Code, is amended
64	64	to read as follows:
65	65	(d) For the purposes of this section, "taxable value" means
66	66	the market value of all taxable property less:
67	67	(1) the total dollar amount of any residence homestead
68	68	exemptions lawfully granted under Section 11.13(b) or (c), Tax
69	69	Code, in the year that is the subject of the study for each school
70	70	district;
71	71	(2) one-half of the total dollar amount of any
72	72	residence homestead percentage exemptions granted under Section
73	73	11.13(n), Tax Code, in the year that is the subject of the study for
74	74	each school district;
75	75	(3) the total dollar amount of any exemptions granted
76	76	before May 31, 1993, within a reinvestment zone under agreements
77	77	authorized by Chapter 312, Tax Code;
78	78	(4) subject to Subsection (e), the total dollar amount
79	79	of any captured appraised value of property that:
80	80	(A) is within a reinvestment zone created on or
81	81	before May 31, 1999, or is proposed to be included within the
82	82	boundaries of a reinvestment zone as the boundaries of the zone and
83	83	the proposed portion of tax increment paid into the tax increment
84	84	fund by a school district are described in a written notification
85	85	provided by the municipality or the board of directors of the zone
86	86	to the governing bodies of the other taxing units in the manner
87	87	provided by former Section 311.003(e), Tax Code, before May 31,
88	88	1999, and within the boundaries of the zone as those boundaries
89	89	existed on September 1, 1999, including subsequent improvements to
90	90	the property regardless of when made;
91	91	(B) generates taxes paid into a tax increment
92	92	fund created under Chapter 311, Tax Code, under a reinvestment zone
93	93	financing plan approved under Section 311.011(d), Tax Code, on or
94	94	before September 1, 1999; and
95	95	(C) is eligible for tax increment financing under
96	96	Chapter 311, Tax Code;
97	97	(5) the total dollar amount of any captured appraised
98	98	value of property that:
99	99	(A) is within a reinvestment zone:
100	100	(i) created on or before December 31, 2008,
101	101	by a municipality with a population of less than 18,000; and
102	102	(ii) the project plan for which includes
103	103	the alteration, remodeling, repair, or reconstruction of a
104	104	structure that is included on the National Register of Historic
105	105	Places and requires that a portion of the tax increment of the zone
106	106	be used for the improvement or construction of related facilities
107	107	or for affordable housing;
108	108	(B) generates school district taxes that are paid
109	109	into a tax increment fund created under Chapter 311, Tax Code; and
110	110	(C) is eligible for tax increment financing under
111	111	Chapter 311, Tax Code;
112	112	(6) the total dollar amount of any exemptions granted
113	113	under Section 11.251 or 11.253, Tax Code;
114	114	(7) the difference between the comptroller's estimate
115	115	of the market value and the productivity value of land that
116	116	qualifies for appraisal on the basis of its productive capacity,
117	117	except that the productivity value estimated by the comptroller may
118	118	not exceed the fair market value of the land;
119	119	(8) the portion of the appraised value of residence
120	120	homesteads of individuals who receive a tax limitation under
121	121	Section 11.26, Tax Code, on which school district taxes are not
122	122	imposed in the year that is the subject of the study, calculated as
123	123	if the residence homesteads were appraised at the full value
124	124	required by law;
125	125	(9) a portion of the market value of property not
126	126	otherwise fully taxable by the district at market value because of:
127	127	(A) action required by statute or the
128	128	constitution of this state that, if the tax rate adopted by the
129	129	district is applied to it, produces an amount equal to the
130	130	difference between the tax that the district would have imposed on
131	131	the property if the property were fully taxable at market value and
132	132	the tax that the district is actually authorized to impose on the
133	133	property, if this subsection does not otherwise require that
134	134	portion to be deducted; or
135	135	(B) action taken by the district under Subchapter
136	136	B or C, Chapter 313, Tax Code, before the expiration of the
137	137	subchapter;
138	138	(10) the market value of all tangible personal
139	139	property, other than manufactured homes, owned by a family or
140	140	individual and not held or used for the production of income;
141	141	(11) the appraised value of property the collection of
142	142	delinquent taxes on which is deferred under Section 33.06, Tax
143	143	Code;
144	144	(12) the portion of the appraised value of property
145	145	the collection of delinquent taxes on which is deferred under
146	146	Section 33.065, Tax Code; and
147	147	(13) the amount by which the market value of a
148	148	residence homestead to which Section 23.23, Tax Code, applies
149	149	exceeds the appraised value of that property as calculated under
150	150	that section.
151	151	SECTION 4. This Act applies only to ad valorem taxes imposed
152	152	for a tax year that begins on or after the effective date of this
153	153	Act.
154	154	SECTION 5. This Act takes effect January 1, 2014, but only
155	155	if the constitutional amendment proposed by the 83rd Legislature,
156	156	Regular Session, 2013, authorizing the governing body of a
157	157	political subdivision to adopt a local option residence homestead
158	158	exemption from ad valorem taxation of a portion, expressed as a
159	159	dollar amount, of the market value of an individual's residence
160	160	homestead is approved by the voters. If that amendment is not
161	161	approved by the voters, this Act has no effect.