Texas 2015 - 84th Regular

Texas Senate Bill SB279 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R31342 SMH-D
2	2	By: Watson S.B. No. 279
3	3	(Rodriguez of Travis)
4	4	Substitute the following for S.B. No. 279: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of the governing body of a taxing unit
10	10	other than a school district to adopt an exemption from ad valorem
11	11	taxation of a portion, expressed as a dollar amount, of the
12	12	appraised value of an individual's residence homestead and to the
13	13	authority of the governing body of any taxing unit that has adopted
14	14	an exemption from ad valorem taxation of a portion, expressed as a
15	15	percentage, of the appraised value of an individual's residence
16	16	homestead to reduce the amount of or repeal the exemption.
17	17	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18	18	SECTION 1. Section 11.13, Tax Code, is amended by amending
19	19	Subsection (i) and adding Subsections (s), (t), (u), and (v) to read
20	20	as follows:
21	21	(i) The assessor and collector for a taxing unit may
22	22	disregard the exemptions authorized by Subsection (b), (c), (d),
23	23	[or] (n), or (s) [of this section] and assess and collect a tax
24	24	pledged for payment of debt without deducting the amount of the
25	25	exemption if:
26	26	(1) prior to adoption of the exemption, the unit
27	27	pledged the taxes for the payment of a debt; and
28	28	(2) granting the exemption would impair the obligation
29	29	of the contract creating the debt.
30	30	(s) In addition to any other exemptions provided by this
31	31	section, an individual is entitled to an exemption from taxation by
32	32	a taxing unit other than a school district of a portion of the
33	33	appraised value of the individual's residence homestead if the
34	34	exemption is adopted by the governing body of the taxing unit before
35	35	July 1 in the manner provided by law for official action by the
36	36	body. The amount of the exemption is $5,000 of the appraised value
37	37	of the residence homestead, except that if the average market value
38	38	of residence homesteads in the taxing unit in the tax year in which
39	39	the exemption is adopted exceeds $25,000, as calculated based on
40	40	the appraisal records prepared by the chief appraiser of each
41	41	appraisal district in which the taxing unit participates, the
42	42	governing body may authorize an exemption in a larger dollar amount
43	43	not to exceed an amount equal to 20 percent of the average market
44	44	value of residence homesteads in the taxing unit in the tax year in
45	45	which the exemption is adopted.
46	46	(t) This subsection applies only to a taxing unit the
47	47	governing body of which has ceased granting an exemption under
48	48	Subsection (n) and has adopted an exemption under Subsection (s).
49	49	An individual who would have been entitled to an exemption from
50	50	taxation by the taxing unit under Subsection (n) had the governing
51	51	body not ceased granting an exemption under that subsection is
52	52	entitled to continue to receive an exemption under that subsection
53	53	in lieu of the exemption under Subsection (s) if the individual
54	54	otherwise qualifies for the exemption under Subsection (n) and the
55	55	amount of the exemption under that subsection exceeds the amount of
56	56	the exemption under Subsection (s). The exemption applies only to
57	57	property for which the individual received an exemption under
58	58	Subsection (n) in the last year in which the governing body granted
59	59	an exemption under that subsection. The exemption expires in the
60	60	event of a change in ownership of the property or, if the property
61	61	is owned by a qualifying trust and the trustor of the trust or a
62	62	beneficiary of the trust has the right to use and occupy the
63	63	property as the trustor's or beneficiary's principal residential
64	64	property, there is a change in the trustor or beneficiary of the
65	65	trust, respectively.
66	66	(u) The governing body of any taxing unit that adopted an
67	67	exemption under Subsection (n) for the 2014 tax year may not reduce
68	68	the amount of or repeal the exemption. This subsection expires
69	69	December 31, 2024.
70	70	(v) Notwithstanding Subsection (u), the governing body of a
71	71	taxing unit other than a school district that adopted an exemption
72	72	under Subsection (n) for the 2014 tax year may repeal the exemption
73	73	if the governing body adopts an exemption under Subsection (s) in an
74	74	amount greater than $5,000. This subsection expires December 31,
75	75	2024.
76	76	SECTION 2. Section 25.23(a), Tax Code, is amended to read as
77	77	follows:
78	78	(a) After submission of appraisal records, the chief
79	79	appraiser shall prepare supplemental appraisal records listing:
80	80	(1) each taxable property the chief appraiser
81	81	discovers that is not included in the records already submitted,
82	82	including property that was omitted from an appraisal roll in a
83	83	prior tax year;
84	84	(2) property on which the appraisal review board has
85	85	not determined a protest at the time of its approval of the
86	86	appraisal records; and
87	87	(3) property that qualifies for an exemption under
88	88	Section 11.13(n) or (s) that was adopted by the governing body of a
89	89	taxing unit after the date the appraisal records were submitted.
90	90	SECTION 3. This Act applies only to ad valorem taxes imposed
91	91	for a tax year that begins on or after the effective date of this
92	92	Act.
93	93	SECTION 4. This Act takes effect January 1, 2016, but only
94	94	if the constitutional amendment proposed by the 84th Legislature,
95	95	Regular Session, 2015, authorizing the governing body of a
96	96	political subdivision other than a school district to adopt an
97	97	exemption from ad valorem taxation of a portion, expressed as a
98	98	dollar amount, of the market value of an individual's residence
99	99	homestead and authorizing the legislature to prohibit the governing
100	100	body of any political subdivision that adopts an exemption from ad
101	101	valorem taxation of a portion, expressed as a percentage or a dollar
102	102	amount, of the market value of an individual's residence homestead
103	103	from reducing the amount of or repealing the exemption is approved
104	104	by the voters. If that amendment is not approved by the voters,
105	105	this Act has no effect.