Texas 2017 - 85th Regular

Texas House Bill HB2236 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R11395 LHC-D
2	2	By: Murphy, Turner, Capriglione H.B. No. 2236
3	3
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5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the rate at which interest accrues in connection with
8	8	the deferral or abatement of the collection of ad valorem taxes on
9	9	certain residence homesteads.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 33.06(d), Tax Code, is amended to read as
12	12	follows:
13	13	(d) A tax lien remains on the property and interest
14	14	continues to accrue during the period collection of taxes is
15	15	deferred or abated under this section. The annual interest rate
16	16	during the deferral or abatement period is the five-year Constant
17	17	Maturity Treasury Rate reported by the Federal Reserve as of
18	18	January 1 of the year in which the deferral or abatement was
19	19	obtained [eight percent] instead of the rate provided by Section
20	20	33.01. Interest and penalties that accrued or that were incurred or
21	21	imposed under Section 33.01 or 33.07 before the date the individual
22	22	files the deferral affidavit under Subsection (b) or the date the
23	23	judgment abating the suit is entered, as applicable, are preserved.
24	24	A penalty under Section 33.01 is not incurred during a deferral or
25	25	abatement period. The additional penalty under Section 33.07 may
26	26	be imposed and collected only if the taxes for which collection is
27	27	deferred or abated remain delinquent on or after the 181st day after
28	28	the date the deferral or abatement period expires. A plea of
29	29	limitation, laches, or want of prosecution does not apply against
30	30	the taxing unit because of deferral or abatement of collection as
31	31	provided by this section.
32	32	SECTION 2. Section 33.065(g), Tax Code, is amended to read
33	33	as follows:
34	34	(g) A tax lien remains on the property and interest
35	35	continues to accrue during the period collection of delinquent
36	36	taxes is deferred or abated under this section. The annual interest
37	37	rate during the deferral or abatement period is the five-year
38	38	Constant Maturity Treasury Rate reported by the Federal Reserve as
39	39	of January 1 of the year in which the deferral or abatement was
40	40	obtained [eight percent] instead of the rate provided by Section
41	41	33.01. Interest and penalties that accrued or that were incurred or
42	42	imposed under Section 33.01 or 33.07 before the date the individual
43	43	files the deferral affidavit under Subsection (c) or the date the
44	44	judgment abating the suit is entered, as applicable, are preserved.
45	45	A penalty is not incurred on the delinquent taxes for which
46	46	collection is deferred or abated during a deferral or abatement
47	47	period. The additional penalty under Section 33.07 may be imposed
48	48	and collected only if the delinquent taxes for which collection is
49	49	deferred or abated remain delinquent on or after the 91st day after
50	50	the date the deferral or abatement period expires. A plea of
51	51	limitation, laches, or want of prosecution does not apply against
52	52	the taxing unit because of deferral or abatement of collection as
53	53	provided by this section.
54	54	SECTION 3. Sections 33.06(d) and 33.065(g), Tax Code, as
55	55	amended by this Act, apply to interest that accrued during a
56	56	deferral or abatement period under either of those sections before
57	57	September 1, 2017, if the tax remains unpaid as of that date, and
58	58	apply to interest that accrues during a deferral or abatement
59	59	period under either of those sections on or after that date,
60	60	regardless of whether the deferral or abatement period began before
61	61	September 1, 2017, or begins on or after that date.
62	62	SECTION 4. This Act takes effect September 1, 2017.