10 | 4 | | AN ACT |
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11 | 5 | | relating to late applications for certain exemptions from ad |
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12 | 6 | | valorem taxation. |
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13 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 8 | | SECTION 1. Section 11.431, Tax Code, is amended to read as |
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15 | 9 | | follows: |
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16 | 10 | | Sec. 11.431. LATE APPLICATION FOR HOMESTEAD EXEMPTION. (a) |
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17 | 11 | | The chief appraiser shall accept and approve or deny an application |
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18 | 12 | | for a residence homestead exemption, including an exemption under |
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19 | 13 | | Section 11.131 or 11.132 for the residence homestead of a disabled |
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20 | 14 | | veteran or the surviving spouse of a disabled veteran or an |
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21 | 15 | | exemption under Section 11.133 for the residence homestead of the |
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22 | 16 | | surviving spouse of a member of the armed services of the United |
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23 | 17 | | States who is killed in action, after the deadline for filing it has |
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24 | 18 | | passed if it is filed not later than two years [one year] after the |
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25 | 19 | | delinquency date for the taxes on the homestead. |
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26 | 20 | | (b) If a late application is approved after approval of the |
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27 | 21 | | appraisal records by the appraisal review board, the chief |
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28 | 22 | | appraiser shall notify the collector for each unit in which the |
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29 | 23 | | residence is located not later than the 30th day after the date the |
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30 | 24 | | late application is approved. The collector shall deduct from the |
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31 | 25 | | person's tax bill the amount of tax imposed on the exempted amount |
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32 | 26 | | if the tax has not been paid. If the tax has been paid, the |
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33 | 27 | | collector shall refund the amount of tax imposed on the exempted |
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34 | 28 | | amount. The collector shall pay the refund not later than the 60th |
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35 | 29 | | day after the date the chief appraiser notifies the collector of the |
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36 | 30 | | approval of the exemption. A person is not required to apply for a |
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37 | 31 | | refund under this subsection to receive the refund. |
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38 | 32 | | SECTION 2. Section 11.439, Tax Code, is amended to read as |
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39 | 33 | | follows: |
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40 | 34 | | Sec. 11.439. LATE APPLICATION FOR DISABLED VETERANS |
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41 | 35 | | EXEMPTION. (a) The chief appraiser shall accept and approve or |
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42 | 36 | | deny an application for an exemption under Section 11.22 after the |
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43 | 37 | | filing deadline provided by Section 11.43 if the application is |
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44 | 38 | | filed not later than five years [one year] after the delinquency |
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45 | 39 | | date for the taxes on the property. |
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46 | 40 | | (b) If a late application is approved after approval of the |
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47 | 41 | | appraisal records for the year for which the exemption is granted, |
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48 | 42 | | the chief appraiser shall notify the collector for each taxing unit |
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49 | 43 | | in which the property was taxable in that year not later than the |
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50 | 44 | | 30th day after the date the late application is approved. The |
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51 | 45 | | collector shall correct the taxing unit's tax roll to reflect the |
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52 | 46 | | amount of tax imposed on the property after applying the exemption |
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53 | 47 | | and shall deduct from the person's tax bill the amount of tax |
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54 | 48 | | imposed on the exempted portion of the property for that year. If |
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55 | 49 | | the tax and any related penalties and interest have been paid, the |
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56 | 50 | | collector shall pay to the person a refund of the tax imposed on the |
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57 | 51 | | exempted portion of the property and the corresponding portion of |
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58 | 52 | | any related penalties and interest paid. The collector shall pay |
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59 | 53 | | the refund not later than the 60th day after the date the chief |
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60 | 54 | | appraiser notifies the collector of the approval of the exemption. |
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61 | 55 | | [No additional interest is due on the amount refunded.] |
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62 | 56 | | SECTION 3. The changes in law made by this Act to Sections |
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63 | 57 | | 11.431 and 11.439, Tax Code, apply only to an application for an |
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64 | 58 | | exemption filed under Section 11.431 or 11.439, Tax Code, for the |
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65 | 59 | | 2016 tax year or a later tax year. |
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66 | 60 | | SECTION 4. This Act takes effect September 1, 2017. |
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