Texas 2015 - 84th Regular

Texas House Bill HB286 Compare Versions

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11 84R1917 TJB-D
22 By: Canales H.B. No. 286
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to collection costs that may be imposed in connection with
88 certain delinquent ad valorem taxes owed by disabled veterans.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 33.07, Tax Code, is amended by amending
1111 Subsection (a) and adding Subsections (e) and (f) to read as
1212 follows:
1313 (a) A taxing unit or appraisal district may provide, in the
1414 manner required by law for official action by the body, that taxes
1515 that become delinquent on or after February 1 of a year but not
1616 later than May 1 of that year and that remain delinquent on July 1 of
1717 the year in which they become delinquent incur an additional
1818 penalty to defray costs of collection, if the unit or district or
1919 another unit that collects taxes for the unit has contracted with an
2020 attorney pursuant to Section 6.30. Except as provided by
2121 Subsection (e), the [The] amount of the penalty may not exceed the
2222 amount of the compensation specified in the contract with the
2323 attorney to be paid in connection with the collection of the
2424 delinquent taxes.
2525 (e) If the property owner is a disabled veteran and the
2626 property is the veteran's residence homestead, the amount of the
2727 additional penalty may not exceed the lesser of:
2828 (1) the amount of the penalty prescribed by Subsection
2929 (a); or
3030 (2) an amount equal to the applicable percentage of
3131 the amount of the delinquent taxes for which the additional penalty
3232 is incurred, as follows:
3333 (A) six percent if the taxes remain delinquent on
3434 July 1 of the tax year in which the penalty is incurred;
3535 (B) 15 percent if the taxes remain delinquent on
3636 July 1 of the first tax year after the tax year in which the penalty
3737 is incurred; or
3838 (C) 20 percent if the taxes remain delinquent on
3939 July 1 of the second tax year after the tax year in which the penalty
4040 is incurred.
4141 (f) In this section:
4242 (1) "Disabled veteran" has the meaning assigned by
4343 Section 11.22.
4444 (2) "Residence homestead" has the meaning assigned by
4545 Section 11.13.
4646 SECTION 2. Section 33.08, Tax Code, is amended by amending
4747 Subsection (b) and adding Subsections (f) and (g) to read as
4848 follows:
4949 (b) The governing body of the taxing unit or appraisal
5050 district, in the manner required by law for official action, may
5151 provide that taxes that become delinquent on or after June 1 under
5252 Section 26.07(f), 26.15(e), 31.03, 31.031, 31.032, 31.04, or 42.42
5353 incur an additional penalty to defray costs of collection. Except
5454 as provided by Subsection (f), the [The] amount of the penalty may
5555 not exceed the amount of the compensation specified in the
5656 applicable contract with an attorney under Section 6.30 to be paid
5757 in connection with the collection of the delinquent taxes.
5858 (f) If the property owner is a disabled veteran and the
5959 property is the veteran's residence homestead, the amount of the
6060 additional penalty may not exceed the lesser of:
6161 (1) the amount of the penalty prescribed by Subsection
6262 (b); or
6363 (2) an amount equal to the applicable percentage of
6464 the amount of the delinquent taxes for which the additional penalty
6565 is incurred, as follows:
6666 (A) six percent if the taxes remain delinquent on
6767 the date the penalty is incurred as provided by Subsection (c);
6868 (B) 15 percent if the taxes remain delinquent on
6969 the first anniversary of the date the penalty is incurred as
7070 provided by Subsection (c); or
7171 (C) 20 percent if the taxes remain delinquent on
7272 the second anniversary of the date the penalty is incurred as
7373 provided by Subsection (c).
7474 (g) In this section:
7575 (1) "Disabled veteran" has the meaning assigned by
7676 Section 11.22.
7777 (2) "Residence homestead" has the meaning assigned by
7878 Section 11.13.
7979 SECTION 3. Section 33.11, Tax Code, is amended by amending
8080 Subsection (c) and adding Subsections (h) and (i) to read as
8181 follows:
8282 (c) Except as provided by Subsection (h), the [The] amount
8383 of the penalty may not exceed the amount of the compensation
8484 specified in the contract with the attorney to be paid in connection
8585 with the collection of the delinquent taxes.
8686 (h) If the property owner is a disabled veteran and the
8787 property is the veteran's residence homestead, the amount of the
8888 additional penalty may not exceed the lesser of:
8989 (1) the amount of the penalty prescribed by Subsection
9090 (c); or
9191 (2) an amount equal to the applicable percentage of
9292 the amount of the delinquent taxes for which the additional penalty
9393 is incurred, as follows:
9494 (A) six percent if the taxes remain delinquent on
9595 the date the penalty is incurred as provided by Subsection (b);
9696 (B) 15 percent if the taxes remain delinquent on
9797 the first anniversary of the date the penalty is incurred as
9898 provided by Subsection (b); or
9999 (C) 20 percent if the taxes remain delinquent on
100100 the second anniversary of the date the penalty is incurred as
101101 provided by Subsection (b).
102102 (i) In this section:
103103 (1) "Disabled veteran" has the meaning assigned by
104104 Section 11.22.
105105 (2) "Residence homestead" has the meaning assigned by
106106 Section 11.13.
107107 SECTION 4. The changes in law made by this Act apply only to
108108 the additional penalty on taxes that become delinquent on or after
109109 the effective date of this Act.
110110 SECTION 5. This Act takes effect immediately if it receives
111111 a vote of two-thirds of all the members elected to each house, as
112112 provided by Section 39, Article III, Texas Constitution. If this
113113 Act does not receive the vote necessary for immediate effect, this
114114 Act takes effect September 1, 2015.