Texas 2017 - 85th Regular

Texas House Bill HB626 Compare Versions

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1-By: Workman, et al. (Senate Sponsor - Campbell) H.B. No. 626
2- (In the Senate - Received from the House May 3, 2017;
3- May 5, 2017, read first time and referred to Committee on Finance;
4- May 11, 2017, reported favorably by the following vote: Yeas 10,
5- Nays 0; May 11, 2017, sent to printer.)
6-Click here to see the committee vote
1+H.B. No. 626
72
83
9- A BILL TO BE ENTITLED
104 AN ACT
115 relating to late applications for certain exemptions from ad
126 valorem taxation.
137 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
148 SECTION 1. Section 11.431, Tax Code, is amended to read as
159 follows:
1610 Sec. 11.431. LATE APPLICATION FOR HOMESTEAD EXEMPTION. (a)
1711 The chief appraiser shall accept and approve or deny an application
1812 for a residence homestead exemption, including an exemption under
1913 Section 11.131 or 11.132 for the residence homestead of a disabled
2014 veteran or the surviving spouse of a disabled veteran or an
2115 exemption under Section 11.133 for the residence homestead of the
2216 surviving spouse of a member of the armed services of the United
2317 States who is killed in action, after the deadline for filing it has
2418 passed if it is filed not later than two years [one year] after the
2519 delinquency date for the taxes on the homestead.
2620 (b) If a late application is approved after approval of the
2721 appraisal records by the appraisal review board, the chief
2822 appraiser shall notify the collector for each unit in which the
2923 residence is located not later than the 30th day after the date the
3024 late application is approved. The collector shall deduct from the
3125 person's tax bill the amount of tax imposed on the exempted amount
3226 if the tax has not been paid. If the tax has been paid, the
3327 collector shall refund the amount of tax imposed on the exempted
3428 amount. The collector shall pay the refund not later than the 60th
3529 day after the date the chief appraiser notifies the collector of the
3630 approval of the exemption. A person is not required to apply for a
3731 refund under this subsection to receive the refund.
3832 SECTION 2. Section 11.439, Tax Code, is amended to read as
3933 follows:
4034 Sec. 11.439. LATE APPLICATION FOR DISABLED VETERANS
4135 EXEMPTION. (a) The chief appraiser shall accept and approve or
4236 deny an application for an exemption under Section 11.22 after the
4337 filing deadline provided by Section 11.43 if the application is
4438 filed not later than five years [one year] after the delinquency
4539 date for the taxes on the property.
4640 (b) If a late application is approved after approval of the
4741 appraisal records for the year for which the exemption is granted,
4842 the chief appraiser shall notify the collector for each taxing unit
4943 in which the property was taxable in that year not later than the
5044 30th day after the date the late application is approved. The
5145 collector shall correct the taxing unit's tax roll to reflect the
5246 amount of tax imposed on the property after applying the exemption
5347 and shall deduct from the person's tax bill the amount of tax
5448 imposed on the exempted portion of the property for that year. If
5549 the tax and any related penalties and interest have been paid, the
5650 collector shall pay to the person a refund of the tax imposed on the
5751 exempted portion of the property and the corresponding portion of
5852 any related penalties and interest paid. The collector shall pay
5953 the refund not later than the 60th day after the date the chief
6054 appraiser notifies the collector of the approval of the exemption.
6155 [No additional interest is due on the amount refunded.]
6256 SECTION 3. The changes in law made by this Act to Sections
6357 11.431 and 11.439, Tax Code, apply only to an application for an
6458 exemption filed under Section 11.431 or 11.439, Tax Code, for the
6559 2016 tax year or a later tax year.
6660 SECTION 4. This Act takes effect September 1, 2017.
67- * * * * *
61+ ______________________________ ______________________________
62+ President of the Senate Speaker of the House
63+ I certify that H.B. No. 626 was passed by the House on May 3,
64+ 2017, by the following vote: Yeas 144, Nays 0, 1 present, not
65+ voting.
66+ ______________________________
67+ Chief Clerk of the House
68+ I certify that H.B. No. 626 was passed by the Senate on May
69+ 19, 2017, by the following vote: Yeas 31, Nays 0.
70+ ______________________________
71+ Secretary of the Senate
72+ APPROVED: _____________________
73+ Date
74+ _____________________
75+ Governor