1 | 1 | | 84R1917 TJB-D |
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2 | 2 | | By: Canales H.B. No. 286 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to collection costs that may be imposed in connection with |
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8 | 8 | | certain delinquent ad valorem taxes owed by disabled veterans. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 33.07, Tax Code, is amended by amending |
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11 | 11 | | Subsection (a) and adding Subsections (e) and (f) to read as |
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12 | 12 | | follows: |
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13 | 13 | | (a) A taxing unit or appraisal district may provide, in the |
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14 | 14 | | manner required by law for official action by the body, that taxes |
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15 | 15 | | that become delinquent on or after February 1 of a year but not |
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16 | 16 | | later than May 1 of that year and that remain delinquent on July 1 of |
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17 | 17 | | the year in which they become delinquent incur an additional |
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18 | 18 | | penalty to defray costs of collection, if the unit or district or |
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19 | 19 | | another unit that collects taxes for the unit has contracted with an |
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20 | 20 | | attorney pursuant to Section 6.30. Except as provided by |
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21 | 21 | | Subsection (e), the [The] amount of the penalty may not exceed the |
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22 | 22 | | amount of the compensation specified in the contract with the |
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23 | 23 | | attorney to be paid in connection with the collection of the |
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24 | 24 | | delinquent taxes. |
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25 | 25 | | (e) If the property owner is a disabled veteran and the |
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26 | 26 | | property is the veteran's residence homestead, the amount of the |
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27 | 27 | | additional penalty may not exceed the lesser of: |
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28 | 28 | | (1) the amount of the penalty prescribed by Subsection |
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29 | 29 | | (a); or |
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30 | 30 | | (2) an amount equal to the applicable percentage of |
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31 | 31 | | the amount of the delinquent taxes for which the additional penalty |
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32 | 32 | | is incurred, as follows: |
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33 | 33 | | (A) six percent if the taxes remain delinquent on |
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34 | 34 | | July 1 of the tax year in which the penalty is incurred; |
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35 | 35 | | (B) 15 percent if the taxes remain delinquent on |
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36 | 36 | | July 1 of the first tax year after the tax year in which the penalty |
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37 | 37 | | is incurred; or |
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38 | 38 | | (C) 20 percent if the taxes remain delinquent on |
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39 | 39 | | July 1 of the second tax year after the tax year in which the penalty |
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40 | 40 | | is incurred. |
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41 | 41 | | (f) In this section: |
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42 | 42 | | (1) "Disabled veteran" has the meaning assigned by |
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43 | 43 | | Section 11.22. |
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44 | 44 | | (2) "Residence homestead" has the meaning assigned by |
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45 | 45 | | Section 11.13. |
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46 | 46 | | SECTION 2. Section 33.08, Tax Code, is amended by amending |
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47 | 47 | | Subsection (b) and adding Subsections (f) and (g) to read as |
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48 | 48 | | follows: |
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49 | 49 | | (b) The governing body of the taxing unit or appraisal |
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50 | 50 | | district, in the manner required by law for official action, may |
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51 | 51 | | provide that taxes that become delinquent on or after June 1 under |
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52 | 52 | | Section 26.07(f), 26.15(e), 31.03, 31.031, 31.032, 31.04, or 42.42 |
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53 | 53 | | incur an additional penalty to defray costs of collection. Except |
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54 | 54 | | as provided by Subsection (f), the [The] amount of the penalty may |
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55 | 55 | | not exceed the amount of the compensation specified in the |
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56 | 56 | | applicable contract with an attorney under Section 6.30 to be paid |
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57 | 57 | | in connection with the collection of the delinquent taxes. |
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58 | 58 | | (f) If the property owner is a disabled veteran and the |
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59 | 59 | | property is the veteran's residence homestead, the amount of the |
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60 | 60 | | additional penalty may not exceed the lesser of: |
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61 | 61 | | (1) the amount of the penalty prescribed by Subsection |
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62 | 62 | | (b); or |
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63 | 63 | | (2) an amount equal to the applicable percentage of |
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64 | 64 | | the amount of the delinquent taxes for which the additional penalty |
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65 | 65 | | is incurred, as follows: |
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66 | 66 | | (A) six percent if the taxes remain delinquent on |
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67 | 67 | | the date the penalty is incurred as provided by Subsection (c); |
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68 | 68 | | (B) 15 percent if the taxes remain delinquent on |
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69 | 69 | | the first anniversary of the date the penalty is incurred as |
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70 | 70 | | provided by Subsection (c); or |
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71 | 71 | | (C) 20 percent if the taxes remain delinquent on |
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72 | 72 | | the second anniversary of the date the penalty is incurred as |
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73 | 73 | | provided by Subsection (c). |
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74 | 74 | | (g) In this section: |
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75 | 75 | | (1) "Disabled veteran" has the meaning assigned by |
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76 | 76 | | Section 11.22. |
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77 | 77 | | (2) "Residence homestead" has the meaning assigned by |
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78 | 78 | | Section 11.13. |
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79 | 79 | | SECTION 3. Section 33.11, Tax Code, is amended by amending |
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80 | 80 | | Subsection (c) and adding Subsections (h) and (i) to read as |
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81 | 81 | | follows: |
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82 | 82 | | (c) Except as provided by Subsection (h), the [The] amount |
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83 | 83 | | of the penalty may not exceed the amount of the compensation |
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84 | 84 | | specified in the contract with the attorney to be paid in connection |
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85 | 85 | | with the collection of the delinquent taxes. |
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86 | 86 | | (h) If the property owner is a disabled veteran and the |
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87 | 87 | | property is the veteran's residence homestead, the amount of the |
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88 | 88 | | additional penalty may not exceed the lesser of: |
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89 | 89 | | (1) the amount of the penalty prescribed by Subsection |
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90 | 90 | | (c); or |
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91 | 91 | | (2) an amount equal to the applicable percentage of |
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92 | 92 | | the amount of the delinquent taxes for which the additional penalty |
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93 | 93 | | is incurred, as follows: |
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94 | 94 | | (A) six percent if the taxes remain delinquent on |
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95 | 95 | | the date the penalty is incurred as provided by Subsection (b); |
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96 | 96 | | (B) 15 percent if the taxes remain delinquent on |
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97 | 97 | | the first anniversary of the date the penalty is incurred as |
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98 | 98 | | provided by Subsection (b); or |
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99 | 99 | | (C) 20 percent if the taxes remain delinquent on |
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100 | 100 | | the second anniversary of the date the penalty is incurred as |
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101 | 101 | | provided by Subsection (b). |
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102 | 102 | | (i) In this section: |
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103 | 103 | | (1) "Disabled veteran" has the meaning assigned by |
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104 | 104 | | Section 11.22. |
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105 | 105 | | (2) "Residence homestead" has the meaning assigned by |
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106 | 106 | | Section 11.13. |
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107 | 107 | | SECTION 4. The changes in law made by this Act apply only to |
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108 | 108 | | the additional penalty on taxes that become delinquent on or after |
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109 | 109 | | the effective date of this Act. |
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110 | 110 | | SECTION 5. This Act takes effect immediately if it receives |
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111 | 111 | | a vote of two-thirds of all the members elected to each house, as |
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112 | 112 | | provided by Section 39, Article III, Texas Constitution. If this |
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113 | 113 | | Act does not receive the vote necessary for immediate effect, this |
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114 | 114 | | Act takes effect September 1, 2015. |
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