1 | 1 | | By: Isaac (Senate Sponsor - Deuell) H.B. No. 709 |
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2 | 2 | | (In the Senate - Received from the House May 10, 2013; |
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3 | 3 | | May 10, 2013, read first time and referred to Committee on Finance; |
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4 | 4 | | May 20, 2013, reported favorably by the following vote: Yeas 14, |
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5 | 5 | | Nays 0; May 20, 2013, sent to printer.) |
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6 | 6 | | |
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7 | 7 | | |
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8 | 8 | | A BILL TO BE ENTITLED |
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9 | 9 | | AN ACT |
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10 | 10 | | relating to ad valorem tax payments and refunds. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 26.15(g), Tax Code, is amended to read as |
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13 | 13 | | follows: |
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14 | 14 | | (g) A taxing unit that determines a taxpayer is delinquent |
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15 | 15 | | in ad valorem tax payments on property other than the property for |
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16 | 16 | | which liability for a refund arises or for a tax year other than the |
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17 | 17 | | tax year for which liability for a refund arises may apply the |
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18 | 18 | | amount of an overpayment to the payment of the delinquent taxes if |
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19 | 19 | | the taxpayer was the sole owner of the property: |
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20 | 20 | | (1) for which the refund is sought on January 1 of the |
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21 | 21 | | tax year in which the [those] taxes that were overpaid were |
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22 | 22 | | assessed; and |
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23 | 23 | | (2) on which the taxes are delinquent on January 1 of |
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24 | 24 | | the tax year for which the delinquent [those] taxes were assessed. |
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25 | 25 | | SECTION 2. Section 31.031(a), Tax Code, is amended to read |
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26 | 26 | | as follows: |
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27 | 27 | | (a) This section applies only to[: |
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28 | 28 | | [(1)] an individual who is[: |
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29 | 29 | | [(A) disabled or at least 65 years of age; and |
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30 | 30 | | [(B)] qualified for an exemption under Section |
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31 | 31 | | 11.13(c)[;] or |
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32 | 32 | | [(2) an individual who is: |
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33 | 33 | | [(A) the unmarried surviving spouse of a |
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34 | 34 | | disabled veteran; and |
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35 | 35 | | [(B) qualified for an exemption under Section] |
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36 | 36 | | 11.22. |
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37 | 37 | | SECTION 3. Section 31.11(b), Tax Code, is amended to read as |
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38 | 38 | | follows: |
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39 | 39 | | (b) A taxing unit that determines a taxpayer is delinquent |
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40 | 40 | | in ad valorem tax payments on property other than the property for |
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41 | 41 | | which liability for a refund arises or for a tax year other than the |
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42 | 42 | | tax year for which liability for a refund arises may apply the |
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43 | 43 | | amount of an overpayment or erroneous payment to the payment of the |
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44 | 44 | | delinquent taxes if the taxpayer was the sole owner of the property: |
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45 | 45 | | (1) for which the refund is sought on January 1 of the |
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46 | 46 | | tax year in which the [those] taxes that were overpaid or |
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47 | 47 | | erroneously paid were assessed; and |
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48 | 48 | | (2) on which the taxes are delinquent on January 1 of |
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49 | 49 | | the tax year for which the delinquent [those] taxes were assessed. |
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50 | 50 | | SECTION 4. This Act applies only to ad valorem taxes imposed |
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51 | 51 | | for an ad valorem tax year that begins on or after the effective |
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52 | 52 | | date of this Act. |
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53 | 53 | | SECTION 5. This Act takes effect January 1, 2014. |
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54 | 54 | | * * * * * |
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