84R31342 SMH-D
By: Watson S.B. No. 279
(Rodriguez of Travis)
Substitute the following for S.B. No. 279: No.
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the governing body of a taxing unit
other than a school district to adopt an exemption from ad valorem
taxation of a portion, expressed as a dollar amount, of the
appraised value of an individual's residence homestead and to the
authority of the governing body of any taxing unit that has adopted
an exemption from ad valorem taxation of a portion, expressed as a
percentage, of the appraised value of an individual's residence
homestead to reduce the amount of or repeal the exemption.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.13, Tax Code, is amended by amending
Subsection (i) and adding Subsections (s), (t), (u), and (v) to read
as follows:
(i) The assessor and collector for a taxing unit may
disregard the exemptions authorized by Subsection (b), (c), (d),
[or] (n), or (s) [of this section] and assess and collect a tax
pledged for payment of debt without deducting the amount of the
exemption if:
(1) prior to adoption of the exemption, the unit
pledged the taxes for the payment of a debt; and
(2) granting the exemption would impair the obligation
of the contract creating the debt.
(s) In addition to any other exemptions provided by this
section, an individual is entitled to an exemption from taxation by
a taxing unit other than a school district of a portion of the
appraised value of the individual's residence homestead if the
exemption is adopted by the governing body of the taxing unit before
July 1 in the manner provided by law for official action by the
body. The amount of the exemption is $5,000 of the appraised value
of the residence homestead, except that if the average market value
of residence homesteads in the taxing unit in the tax year in which
the exemption is adopted exceeds $25,000, as calculated based on
the appraisal records prepared by the chief appraiser of each
appraisal district in which the taxing unit participates, the
governing body may authorize an exemption in a larger dollar amount
not to exceed an amount equal to 20 percent of the average market
value of residence homesteads in the taxing unit in the tax year in
which the exemption is adopted.
(t) This subsection applies only to a taxing unit the
governing body of which has ceased granting an exemption under
Subsection (n) and has adopted an exemption under Subsection (s).
An individual who would have been entitled to an exemption from
taxation by the taxing unit under Subsection (n) had the governing
body not ceased granting an exemption under that subsection is
entitled to continue to receive an exemption under that subsection
in lieu of the exemption under Subsection (s) if the individual
otherwise qualifies for the exemption under Subsection (n) and the
amount of the exemption under that subsection exceeds the amount of
the exemption under Subsection (s). The exemption applies only to
property for which the individual received an exemption under
Subsection (n) in the last year in which the governing body granted
an exemption under that subsection. The exemption expires in the
event of a change in ownership of the property or, if the property
is owned by a qualifying trust and the trustor of the trust or a
beneficiary of the trust has the right to use and occupy the
property as the trustor's or beneficiary's principal residential
property, there is a change in the trustor or beneficiary of the
trust, respectively.
(u) The governing body of any taxing unit that adopted an
exemption under Subsection (n) for the 2014 tax year may not reduce
the amount of or repeal the exemption. This subsection expires
December 31, 2024.
(v) Notwithstanding Subsection (u), the governing body of a
taxing unit other than a school district that adopted an exemption
under Subsection (n) for the 2014 tax year may repeal the exemption
if the governing body adopts an exemption under Subsection (s) in an
amount greater than $5,000. This subsection expires December 31,
2024.
SECTION 2. Section 25.23(a), Tax Code, is amended to read as
follows:
(a) After submission of appraisal records, the chief
appraiser shall prepare supplemental appraisal records listing:
(1) each taxable property the chief appraiser
discovers that is not included in the records already submitted,
including property that was omitted from an appraisal roll in a
prior tax year;
(2) property on which the appraisal review board has
not determined a protest at the time of its approval of the
appraisal records; and
(3) property that qualifies for an exemption under
Section 11.13(n) or (s) that was adopted by the governing body of a
taxing unit after the date the appraisal records were submitted.
SECTION 3. This Act applies only to ad valorem taxes imposed
for a tax year that begins on or after the effective date of this
Act.
SECTION 4. This Act takes effect January 1, 2016, but only
if the constitutional amendment proposed by the 84th Legislature,
Regular Session, 2015, authorizing the governing body of a
political subdivision other than a school district to adopt an
exemption from ad valorem taxation of a portion, expressed as a
dollar amount, of the market value of an individual's residence
homestead and authorizing the legislature to prohibit the governing
body of any political subdivision that adopts an exemption from ad
valorem taxation of a portion, expressed as a percentage or a dollar
amount, of the market value of an individual's residence homestead
from reducing the amount of or repealing the exemption is approved
by the voters. If that amendment is not approved by the voters,
this Act has no effect.