Texas 2013 - 83rd Regular

Texas House Bill HB862 Compare Versions

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1	1	83R3457 SMH-D
2	2	By: King of Taylor H.B. No. 862
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the transfer of the limitation on school district,
8	8	county, municipal, or junior college district ad valorem taxes on
9	9	the residence homestead of a person who is elderly or disabled to a
10	10	subsequent homestead of that person.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 11.26, Tax Code, is amended by amending
13	13	Subsection (g) and adding Subsection (g-1) to read as follows:
14	14	(g) Except as provided by Subsections [Subsection] (b) and
15	15	(g-1), if an individual who receives a limitation on tax increases
16	16	imposed by this section, including a surviving spouse who receives
17	17	a limitation under Subsection (i), subsequently qualifies a
18	18	different residence homestead for the same exemption under Section
19	19	11.13, a school district may not impose ad valorem taxes on the
20	20	subsequently qualified homestead in a year in an amount that
21	21	exceeds the amount of taxes the school district would have imposed
22	22	on the subsequently qualified homestead in the first year in which
23	23	the individual receives that same exemption for the subsequently
24	24	qualified homestead had the limitation on tax increases imposed by
25	25	this section not been in effect, multiplied by a fraction the
26	26	numerator of which is the total amount of school district taxes
27	27	imposed on the former homestead in the last year in which the
28	28	individual received that same exemption for the former homestead
29	29	and the denominator of which is the total amount of school district
30	30	taxes that would have been imposed on the former homestead in the
31	31	last year in which the individual received that same exemption for
32	32	the former homestead had the limitation on tax increases imposed by
33	33	this section not been in effect.
34	34	(g-1) The limitation provided by Subsection (g) does not
35	35	apply to a subsequently qualified residence homestead of an
36	36	individual if:
37	37	(1) the individual received a limitation on tax
38	38	increases imposed by this section on the individual's former
39	39	homestead in the last tax year in which the individual received an
40	40	exemption for the homestead under Section 11.13;
41	41	(2) no school district ad valorem taxes were imposed
42	42	on the former homestead in that year; and
43	43	(3) the taxable value of the subsequently qualified
44	44	homestead in the tax year in which the individual first receives an
45	45	exemption under Section 11.13 for that homestead exceeds the
46	46	average taxable value of the homesteads in the school district in
47	47	which that homestead is located in that tax year.
48	48	SECTION 2. Section 11.261, Tax Code, is amended by amending
49	49	Subsection (g) and adding Subsection (g-1) to read as follows:
50	50	(g) Except as provided by Subsections [Subsection] (c) and
51	51	(g-1), if an individual who receives a limitation on county,
52	52	municipal, or junior college district tax increases provided by
53	53	this section subsequently qualifies a different residence
54	54	homestead in the same county, municipality, or junior college
55	55	district for an exemption under Section 11.13, the county,
56	56	municipality, or junior college district may not impose ad valorem
57	57	taxes on the subsequently qualified homestead in a year in an amount
58	58	that exceeds the amount of taxes the county, municipality, or
59	59	junior college district would have imposed on the subsequently
60	60	qualified homestead in the first year in which the individual
61	61	receives that exemption for the subsequently qualified homestead
62	62	had the limitation on tax increases provided by this section not
63	63	been in effect, multiplied by a fraction the numerator of which is
64	64	the total amount of taxes the county, municipality, or junior
65	65	college district imposed on the former homestead in the last year in
66	66	which the individual received that exemption for the former
67	67	homestead and the denominator of which is the total amount of taxes
68	68	the county, municipality, or junior college district would have
69	69	imposed on the former homestead in the last year in which the
70	70	individual received that exemption for the former homestead had the
71	71	limitation on tax increases provided by this section not been in
72	72	effect.
73	73	(g-1) The limitation provided by Subsection (g) does not
74	74	apply to a subsequently qualified residence homestead of an
75	75	individual if:
76	76	(1) the individual received a limitation on tax
77	77	increases imposed by this section on the individual's former
78	78	homestead in the last tax year in which the individual received an
79	79	exemption for the homestead under Section 11.13;
80	80	(2) no county, municipal, or junior college district
81	81	ad valorem taxes were imposed on the former homestead in that year;
82	82	and
83	83	(3) the taxable value of the subsequently qualified
84	84	homestead in the tax year in which the individual first receives an
85	85	exemption under Section 11.13 for that homestead exceeds the
86	86	average taxable value of the homesteads in the county,
87	87	municipality, or junior college district, as applicable, in that
88	88	tax year.
89	89	SECTION 3. This Act applies to the calculation of the
90	90	limitation on school district, county, municipal, or junior college
91	91	district ad valorem taxes on the residence homestead of a person who
92	92	is elderly or disabled only for a tax year beginning on or after
93	93	January 1, 2014, and only if the first tax year in which the person
94	94	qualified the homestead for an exemption under Section 11.13, Tax
95	95	Code, was a tax year beginning on or after that date.
96	96	SECTION 4. This Act takes effect January 1, 2014.