83R3457 SMH-D
By: King of Taylor H.B. No. 862
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of the limitation on school district,
county, municipal, or junior college district ad valorem taxes on
the residence homestead of a person who is elderly or disabled to a
subsequent homestead of that person.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.26, Tax Code, is amended by amending
Subsection (g) and adding Subsection (g-1) to read as follows:
(g) Except as provided by Subsections [Subsection] (b) and
(g-1), if an individual who receives a limitation on tax increases
imposed by this section, including a surviving spouse who receives
a limitation under Subsection (i), subsequently qualifies a
different residence homestead for the same exemption under Section
11.13, a school district may not impose ad valorem taxes on the
subsequently qualified homestead in a year in an amount that
exceeds the amount of taxes the school district would have imposed
on the subsequently qualified homestead in the first year in which
the individual receives that same exemption for the subsequently
qualified homestead had the limitation on tax increases imposed by
this section not been in effect, multiplied by a fraction the
numerator of which is the total amount of school district taxes
imposed on the former homestead in the last year in which the
individual received that same exemption for the former homestead
and the denominator of which is the total amount of school district
taxes that would have been imposed on the former homestead in the
last year in which the individual received that same exemption for
the former homestead had the limitation on tax increases imposed by
this section not been in effect.
(g-1) The limitation provided by Subsection (g) does not
apply to a subsequently qualified residence homestead of an
individual if:
(1) the individual received a limitation on tax
increases imposed by this section on the individual's former
homestead in the last tax year in which the individual received an
exemption for the homestead under Section 11.13;
(2) no school district ad valorem taxes were imposed
on the former homestead in that year; and
(3) the taxable value of the subsequently qualified
homestead in the tax year in which the individual first receives an
exemption under Section 11.13 for that homestead exceeds the
average taxable value of the homesteads in the school district in
which that homestead is located in that tax year.
SECTION 2. Section 11.261, Tax Code, is amended by amending
Subsection (g) and adding Subsection (g-1) to read as follows:
(g) Except as provided by Subsections [Subsection] (c) and
(g-1), if an individual who receives a limitation on county,
municipal, or junior college district tax increases provided by
this section subsequently qualifies a different residence
homestead in the same county, municipality, or junior college
district for an exemption under Section 11.13, the county,
municipality, or junior college district may not impose ad valorem
taxes on the subsequently qualified homestead in a year in an amount
that exceeds the amount of taxes the county, municipality, or
junior college district would have imposed on the subsequently
qualified homestead in the first year in which the individual
receives that exemption for the subsequently qualified homestead
had the limitation on tax increases provided by this section not
been in effect, multiplied by a fraction the numerator of which is
the total amount of taxes the county, municipality, or junior
college district imposed on the former homestead in the last year in
which the individual received that exemption for the former
homestead and the denominator of which is the total amount of taxes
the county, municipality, or junior college district would have
imposed on the former homestead in the last year in which the
individual received that exemption for the former homestead had the
limitation on tax increases provided by this section not been in
effect.
(g-1) The limitation provided by Subsection (g) does not
apply to a subsequently qualified residence homestead of an
individual if:
(1) the individual received a limitation on tax
increases imposed by this section on the individual's former
homestead in the last tax year in which the individual received an
exemption for the homestead under Section 11.13;
(2) no county, municipal, or junior college district
ad valorem taxes were imposed on the former homestead in that year;
and
(3) the taxable value of the subsequently qualified
homestead in the tax year in which the individual first receives an
exemption under Section 11.13 for that homestead exceeds the
average taxable value of the homesteads in the county,
municipality, or junior college district, as applicable, in that
tax year.
SECTION 3. This Act applies to the calculation of the
limitation on school district, county, municipal, or junior college
district ad valorem taxes on the residence homestead of a person who
is elderly or disabled only for a tax year beginning on or after
January 1, 2014, and only if the first tax year in which the person
qualified the homestead for an exemption under Section 11.13, Tax
Code, was a tax year beginning on or after that date.
SECTION 4. This Act takes effect January 1, 2014.