Texas 2015 - 84th Regular

Texas House Bill HB3470 Compare Versions

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11 84R11757 TJB/CJC-F
22 By: Bonnen of Brazoria H.B. No. 3470
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to ad valorem taxation.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 140.010(f), Local Government Code, is
1010 amended to read as follows:
1111 (f) A county or municipality shall:
1212 (1) provide the notice required by Subsection (d) or
1313 (e), as applicable, not later than the later of September 1 or the
1414 30th day after the date the certified appraisal roll is received by
1515 the taxing unit by:
1616 (A) publishing the notice in a newspaper having
1717 general circulation in:
1818 (i) the county, in the case of notice
1919 published by a county; or
2020 (ii) the county in which the municipality
2121 is located or primarily located, in the case of notice published by
2222 a municipality; or
2323 (B) mailing the notice to each property owner in:
2424 (i) the county, in the case of notice
2525 provided by a county; or
2626 (ii) the municipality, in the case of
2727 notice provided by a municipality; and
2828 (2) post the notice on the Internet website of the
2929 county or municipality, if applicable, beginning not later than the
3030 later of September 1 or the 30th day after the date the certified
3131 appraisal roll is received by the taxing unit and continuing until
3232 the county or municipality adopts a tax rate.
3333 SECTION 2. Section 11.131(c), Tax Code, is amended to read
3434 as follows:
3535 (c) The surviving spouse of a disabled veteran who qualified
3636 for an exemption under Subsection (b) when the disabled veteran
3737 died, or of a disabled veteran who would have qualified for an
3838 exemption under that subsection if that subsection had been in
3939 effect on the date the disabled veteran died, is entitled to an
4040 exemption from taxation of the total appraised value of the same
4141 property to which the disabled veteran's exemption applied, or to
4242 which the disabled veteran's exemption would have applied if the
4343 exemption had been authorized on the date the disabled veteran
4444 died, if:
4545 (1) the surviving spouse has not remarried since the
4646 death of the disabled veteran; and
4747 (2) the property:
4848 (A) was the residence homestead of the surviving
4949 spouse when the disabled veteran died; and
5050 (B) remains the residence homestead of the
5151 surviving spouse.
5252 SECTION 3. Subchapter B, Chapter 11, Tax Code, is amended by
5353 adding Section 11.35 to read as follows:
5454 Sec. 11.35. INVENTORY. A person is entitled to an exemption
5555 from taxation by a school district of 10 percent of the appraised
5656 value of that portion of the tangible personal property the person
5757 owns that consists of inventory for which the person is not
5858 otherwise entitled to an exemption from taxation.
5959 SECTION 4. Section 23.014, Tax Code, is amended to read as
6060 follows:
6161 Sec. 23.014. EXCLUSION OF PROPERTY AS REAL PROPERTY.
6262 Except as provided by Section 23.24(b), in determining the market
6363 value of real property, the chief appraiser shall analyze the
6464 effect on that value of, and exclude from that value the value of,
6565 any:
6666 (1) tangible personal property, including:
6767 (A) a trade fixture [fixtures]; or
6868 (B) a vent hood installed in a restaurant
6969 kitchen;
7070 (2) intangible personal property; or
7171 (3) other property that is not subject to appraisal as
7272 real property.
7373 SECTION 5. This Act applies only to an ad valorem tax year
7474 that begins on or after the effective date of this Act.
7575 SECTION 6. (a) Except as provided by Subsections (b) and (c)
7676 of this section, this Act takes effect January 1, 2016.
7777 (b) Section 11.131(c), Tax Code, as amended by this Act,
7878 takes effect January 1, 2016, but only if a constitutional
7979 amendment authorizing the legislature to provide for an exemption
8080 from ad valorem taxation of all or part of the market value of the
8181 residence homestead of the surviving spouse of a 100 percent or
8282 totally disabled veteran who died before the law authorizing a
8383 residence homestead exemption for such a veteran took effect is
8484 approved by the voters. If such an amendment is not approved by the
8585 voters, Section 11.131(c), Tax Code, as amended by this Act, has no
8686 effect.
8787 (c) Section 11.35, Tax Code, as added by this Act, takes
8888 effect January 1, 2016, but only if a constitutional amendment
8989 authorizing the legislature to exempt from ad valorem taxation by
9090 one or more political subdivisions all or part of the market value
9191 of the tangible personal property a person owns that consists of
9292 inventory is approved by the voters. If such an amendment is not
9393 approved by the voters, Section 11.35, Tax Code, as added by this
9494 Act, has no effect.