Texas 2017 - 85th Regular

Texas House Bill HB2887 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R11054 SMT-D
2	2	By: Thierry H.B. No. 2887
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an exemption from ad valorem taxation of a portion of
8	8	the appraised value of the residence homestead of a veteran of the
9	9	United States armed services who served in the armed services for a
10	10	certain period.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 11.13, Tax Code, is amended by amending
13	13	Subsection (i) and adding Subsection (s) to read as follows:
14	14	(i) The assessor and collector for a taxing unit may
15	15	disregard the exemptions authorized by Subsection (b), (c), (d),
16	16	[or] (n), or (s) [of this section] and assess and collect a tax
17	17	pledged for payment of debt without deducting the amount of the
18	18	exemption if:
19	19	(1) prior to adoption of the exemption, the unit
20	20	pledged the taxes for the payment of a debt; and
21	21	(2) granting the exemption would impair the obligation
22	22	of the contract creating the debt.
23	23	(s) In addition to any other exemptions provided by this
24	24	section, a veteran of the United States armed services who served in
25	25	the armed services for at least three years is entitled to an
26	26	exemption from taxation of $5,000 of the appraised value of the
27	27	veteran's residence homestead.
28	28	SECTION 2. Section 403.302(d), Government Code, is amended
29	29	to read as follows:
30	30	(d) For the purposes of this section, "taxable value" means
31	31	the market value of all taxable property less:
32	32	(1) the total dollar amount of any residence homestead
33	33	exemptions lawfully granted under Section 11.13(b), [or] (c), or
34	34	(s), Tax Code, in the year that is the subject of the study for each
35	35	school district;
36	36	(2) one-half of the total dollar amount of any
37	37	residence homestead exemptions granted under Section 11.13(n), Tax
38	38	Code, in the year that is the subject of the study for each school
39	39	district;
40	40	(3) the total dollar amount of any exemptions granted
41	41	before May 31, 1993, within a reinvestment zone under agreements
42	42	authorized by Chapter 312, Tax Code;
43	43	(4) subject to Subsection (e), the total dollar amount
44	44	of any captured appraised value of property that:
45	45	(A) is within a reinvestment zone created on or
46	46	before May 31, 1999, or is proposed to be included within the
47	47	boundaries of a reinvestment zone as the boundaries of the zone and
48	48	the proposed portion of tax increment paid into the tax increment
49	49	fund by a school district are described in a written notification
50	50	provided by the municipality or the board of directors of the zone
51	51	to the governing bodies of the other taxing units in the manner
52	52	provided by former Section 311.003(e), Tax Code, before May 31,
53	53	1999, and within the boundaries of the zone as those boundaries
54	54	existed on September 1, 1999, including subsequent improvements to
55	55	the property regardless of when made;
56	56	(B) generates taxes paid into a tax increment
57	57	fund created under Chapter 311, Tax Code, under a reinvestment zone
58	58	financing plan approved under Section 311.011(d), Tax Code, on or
59	59	before September 1, 1999; and
60	60	(C) is eligible for tax increment financing under
61	61	Chapter 311, Tax Code;
62	62	(5) the total dollar amount of any captured appraised
63	63	value of property that:
64	64	(A) is within a reinvestment zone:
65	65	(i) created on or before December 31, 2008,
66	66	by a municipality with a population of less than 18,000; and
67	67	(ii) the project plan for which includes
68	68	the alteration, remodeling, repair, or reconstruction of a
69	69	structure that is included on the National Register of Historic
70	70	Places and requires that a portion of the tax increment of the zone
71	71	be used for the improvement or construction of related facilities
72	72	or for affordable housing;
73	73	(B) generates school district taxes that are paid
74	74	into a tax increment fund created under Chapter 311, Tax Code; and
75	75	(C) is eligible for tax increment financing under
76	76	Chapter 311, Tax Code;
77	77	(6) the total dollar amount of any exemptions granted
78	78	under Section 11.251 or 11.253, Tax Code;
79	79	(7) the difference between the comptroller's estimate
80	80	of the market value and the productivity value of land that
81	81	qualifies for appraisal on the basis of its productive capacity,
82	82	except that the productivity value estimated by the comptroller may
83	83	not exceed the fair market value of the land;
84	84	(8) the portion of the appraised value of residence
85	85	homesteads of individuals who receive a tax limitation under
86	86	Section 11.26, Tax Code, on which school district taxes are not
87	87	imposed in the year that is the subject of the study, calculated as
88	88	if the residence homesteads were appraised at the full value
89	89	required by law;
90	90	(9) a portion of the market value of property not
91	91	otherwise fully taxable by the district at market value because of:
92	92	(A) action required by statute or the
93	93	constitution of this state, other than Section 11.311, Tax Code,
94	94	that, if the tax rate adopted by the district is applied to it,
95	95	produces an amount equal to the difference between the tax that the
96	96	district would have imposed on the property if the property were
97	97	fully taxable at market value and the tax that the district is
98	98	actually authorized to impose on the property, if this subsection
99	99	does not otherwise require that portion to be deducted; or
100	100	(B) action taken by the district under Subchapter
101	101	B or C, Chapter 313, Tax Code, before the expiration of the
102	102	subchapter;
103	103	(10) the market value of all tangible personal
104	104	property, other than manufactured homes, owned by a family or
105	105	individual and not held or used for the production of income;
106	106	(11) the appraised value of property the collection of
107	107	delinquent taxes on which is deferred under Section 33.06, Tax
108	108	Code;
109	109	(12) the portion of the appraised value of property
110	110	the collection of delinquent taxes on which is deferred under
111	111	Section 33.065, Tax Code; and
112	112	(13) the amount by which the market value of a
113	113	residence homestead to which Section 23.23, Tax Code, applies
114	114	exceeds the appraised value of that property as calculated under
115	115	that section.
116	116	SECTION 3. Section 11.13(s), Tax Code, as added by this Act,
117	117	applies only to ad valorem taxes imposed for a tax year beginning on
118	118	or after January 1, 2018.
119	119	SECTION 4. This Act takes effect January 1, 2018, but only
120	120	if the constitutional amendment proposed by the 85th Legislature,
121	121	Regular Session, 2017, authorizing the legislature to exempt from
122	122	ad valorem taxation a portion of the assessed value of the residence
123	123	homestead of a veteran of the United States armed services who
124	124	served in the armed services for a certain period is approved by the
125	125	voters. If that constitutional amendment is not approved by the
126	126	voters, this Act has no effect.