1 | 1 | | 84R11757 TJB/CJC-F |
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2 | 2 | | By: Bonnen of Brazoria H.B. No. 3470 |
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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 ad valorem taxation. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 140.010(f), Local Government Code, is |
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10 | 10 | | amended to read as follows: |
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11 | 11 | | (f) A county or municipality shall: |
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12 | 12 | | (1) provide the notice required by Subsection (d) or |
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13 | 13 | | (e), as applicable, not later than the later of September 1 or the |
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14 | 14 | | 30th day after the date the certified appraisal roll is received by |
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15 | 15 | | the taxing unit by: |
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16 | 16 | | (A) publishing the notice in a newspaper having |
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17 | 17 | | general circulation in: |
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18 | 18 | | (i) the county, in the case of notice |
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19 | 19 | | published by a county; or |
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20 | 20 | | (ii) the county in which the municipality |
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21 | 21 | | is located or primarily located, in the case of notice published by |
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22 | 22 | | a municipality; or |
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23 | 23 | | (B) mailing the notice to each property owner in: |
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24 | 24 | | (i) the county, in the case of notice |
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25 | 25 | | provided by a county; or |
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26 | 26 | | (ii) the municipality, in the case of |
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27 | 27 | | notice provided by a municipality; and |
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28 | 28 | | (2) post the notice on the Internet website of the |
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29 | 29 | | county or municipality, if applicable, beginning not later than the |
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30 | 30 | | later of September 1 or the 30th day after the date the certified |
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31 | 31 | | appraisal roll is received by the taxing unit and continuing until |
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32 | 32 | | the county or municipality adopts a tax rate. |
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33 | 33 | | SECTION 2. Section 11.131(c), Tax Code, is amended to read |
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34 | 34 | | as follows: |
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35 | 35 | | (c) The surviving spouse of a disabled veteran who qualified |
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36 | 36 | | for an exemption under Subsection (b) when the disabled veteran |
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37 | 37 | | died, or of a disabled veteran who would have qualified for an |
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38 | 38 | | exemption under that subsection if that subsection had been in |
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39 | 39 | | effect on the date the disabled veteran died, is entitled to an |
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40 | 40 | | exemption from taxation of the total appraised value of the same |
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41 | 41 | | property to which the disabled veteran's exemption applied, or to |
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42 | 42 | | which the disabled veteran's exemption would have applied if the |
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43 | 43 | | exemption had been authorized on the date the disabled veteran |
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44 | 44 | | died, if: |
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45 | 45 | | (1) the surviving spouse has not remarried since the |
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46 | 46 | | death of the disabled veteran; and |
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47 | 47 | | (2) the property: |
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48 | 48 | | (A) was the residence homestead of the surviving |
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49 | 49 | | spouse when the disabled veteran died; and |
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50 | 50 | | (B) remains the residence homestead of the |
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51 | 51 | | surviving spouse. |
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52 | 52 | | SECTION 3. Subchapter B, Chapter 11, Tax Code, is amended by |
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53 | 53 | | adding Section 11.35 to read as follows: |
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54 | 54 | | Sec. 11.35. INVENTORY. A person is entitled to an exemption |
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55 | 55 | | from taxation by a school district of 10 percent of the appraised |
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56 | 56 | | value of that portion of the tangible personal property the person |
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57 | 57 | | owns that consists of inventory for which the person is not |
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58 | 58 | | otherwise entitled to an exemption from taxation. |
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59 | 59 | | SECTION 4. Section 23.014, Tax Code, is amended to read as |
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60 | 60 | | follows: |
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61 | 61 | | Sec. 23.014. EXCLUSION OF PROPERTY AS REAL PROPERTY. |
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62 | 62 | | Except as provided by Section 23.24(b), in determining the market |
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63 | 63 | | value of real property, the chief appraiser shall analyze the |
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64 | 64 | | effect on that value of, and exclude from that value the value of, |
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65 | 65 | | any: |
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66 | 66 | | (1) tangible personal property, including: |
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67 | 67 | | (A) a trade fixture [fixtures]; or |
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68 | 68 | | (B) a vent hood installed in a restaurant |
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69 | 69 | | kitchen; |
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70 | 70 | | (2) intangible personal property; or |
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71 | 71 | | (3) other property that is not subject to appraisal as |
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72 | 72 | | real property. |
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73 | 73 | | SECTION 5. This Act applies only to an ad valorem tax year |
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74 | 74 | | that begins on or after the effective date of this Act. |
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75 | 75 | | SECTION 6. (a) Except as provided by Subsections (b) and (c) |
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76 | 76 | | of this section, this Act takes effect January 1, 2016. |
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77 | 77 | | (b) Section 11.131(c), Tax Code, as amended by this Act, |
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78 | 78 | | takes effect January 1, 2016, but only if a constitutional |
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79 | 79 | | amendment authorizing the legislature to provide for an exemption |
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80 | 80 | | from ad valorem taxation of all or part of the market value of the |
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81 | 81 | | residence homestead of the surviving spouse of a 100 percent or |
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82 | 82 | | totally disabled veteran who died before the law authorizing a |
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83 | 83 | | residence homestead exemption for such a veteran took effect is |
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84 | 84 | | approved by the voters. If such an amendment is not approved by the |
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85 | 85 | | voters, Section 11.131(c), Tax Code, as amended by this Act, has no |
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86 | 86 | | effect. |
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87 | 87 | | (c) Section 11.35, Tax Code, as added by this Act, takes |
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88 | 88 | | effect January 1, 2016, but only if a constitutional amendment |
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89 | 89 | | authorizing the legislature to exempt from ad valorem taxation by |
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90 | 90 | | one or more political subdivisions all or part of the market value |
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91 | 91 | | of the tangible personal property a person owns that consists of |
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92 | 92 | | inventory is approved by the voters. If such an amendment is not |
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93 | 93 | | approved by the voters, Section 11.35, Tax Code, as added by this |
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94 | 94 | | Act, has no effect. |
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