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Texas House Bill HB108

Texas 2017 - 85th 1st C.S.

Texas House Bill HB108 Compare Versions

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1+85S10059 LHC-D
12 By: Murphy, Capriglione, Bonnen of Brazoria, H.B. No. 108
23 Darby, Turner, et al.
34
45
56 A BILL TO BE ENTITLED
67 AN ACT
78 relating to the rate at which interest accrues in connection with
89 the deferral or abatement of the collection of ad valorem taxes on
910 certain residence homesteads.
1011 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1112 SECTION 1. (a) This section takes effect only if the
1213 constitutional amendment proposed by H.J.R. 21, 85th Legislature,
1314 Regular Session, 2017, is approved by the voters.
1415 (b) Section 33.06(d), Tax Code, as amended by H.B. 150, Acts
1516 of the 85th Legislature, Regular Session, 2017, effective January
1617 1, 2018, is amended to read as follows:
1718 (d) A tax lien remains on the property and interest
1819 continues to accrue during the period collection of taxes is
1920 deferred or abated under this section. The annual interest rate
2021 during the deferral or abatement period is the five-year Constant
2122 Maturity Treasury Rate reported by the Federal Reserve as of
2223 January 1 of the year in which the deferral or abatement was
2324 obtained [five percent] instead of the rate provided by Section
2425 33.01. Interest and penalties that accrued or that were incurred or
2526 imposed under Section 33.01 or 33.07 before the date the individual
2627 files the deferral affidavit under Subsection (b) or the date the
2728 judgment abating the suit is entered, as applicable, are preserved.
2829 A penalty under Section 33.01 is not incurred during a deferral or
2930 abatement period. The additional penalty under Section 33.07 may
3031 be imposed and collected only if the taxes for which collection is
3132 deferred or abated remain delinquent on or after the 181st day after
3233 the date the deferral or abatement period expires. A plea of
3334 limitation, laches, or want of prosecution does not apply against
3435 the taxing unit because of deferral or abatement of collection as
3536 provided by this section.
3637 SECTION 2. (a) This section takes effect only if the
3738 constitutional amendment proposed by H.J.R. 21, 85th Legislature,
3839 Regular Session, 2017, is not approved by the voters.
3940 (b) Section 33.06(d), Tax Code, is amended to read as
4041 follows:
4142 (d) A tax lien remains on the property and interest
4243 continues to accrue during the period collection of taxes is
4344 deferred or abated under this section. The annual interest rate
4445 during the deferral or abatement period is the five-year Constant
4546 Maturity Treasury Rate reported by the Federal Reserve as of
4647 January 1 of the year in which the deferral or abatement was
4748 obtained [eight percent] instead of the rate provided by Section
4849 33.01. Interest and penalties that accrued or that were incurred or
4950 imposed under Section 33.01 or 33.07 before the date the individual
5051 files the deferral affidavit under Subsection (b) or the date the
5152 judgment abating the suit is entered, as applicable, are preserved.
5253 A penalty under Section 33.01 is not incurred during a deferral or
5354 abatement period. The additional penalty under Section 33.07 may
5455 be imposed and collected only if the taxes for which collection is
5556 deferred or abated remain delinquent on or after the 181st day after
5657 the date the deferral or abatement period expires. A plea of
5758 limitation, laches, or want of prosecution does not apply against
5859 the taxing unit because of deferral or abatement of collection as
5960 provided by this section.
6061 SECTION 3. Section 33.065(g), Tax Code, is amended to read
6162 as follows:
6263 (g) A tax lien remains on the property and interest
6364 continues to accrue during the period collection of delinquent
6465 taxes is deferred or abated under this section. The annual interest
6566 rate during the deferral or abatement period is the five-year
6667 Constant Maturity Treasury Rate reported by the Federal Reserve as
6768 of January 1 of the year in which the deferral or abatement was
6869 obtained [eight percent] instead of the rate provided by Section
6970 33.01. Interest and penalties that accrued or that were incurred or
7071 imposed under Section 33.01 or 33.07 before the date the individual
7172 files the deferral affidavit under Subsection (c) or the date the
7273 judgment abating the suit is entered, as applicable, are preserved.
7374 A penalty is not incurred on the delinquent taxes for which
7475 collection is deferred or abated during a deferral or abatement
7576 period. The additional penalty under Section 33.07 may be imposed
7677 and collected only if the delinquent taxes for which collection is
7778 deferred or abated remain delinquent on or after the 91st day after
7879 the date the deferral or abatement period expires. A plea of
7980 limitation, laches, or want of prosecution does not apply against
8081 the taxing unit because of deferral or abatement of collection as
8182 provided by this section.
8283 SECTION 4. Sections 33.06(d) and 33.065(g), Tax Code, as
83- amended by this Act, apply only to interest that accrues during a
84- deferral or abatement period that begins on or after the effective
85- date of this Act. Interest that accrues during a deferral or
86- abatement period that began before the effective date of this Act is
87- governe
88- d by the law in effect when the deferral or abatement period
89- began, and that law is continued in effect for that purpose.
84+ amended by this Act, apply to interest that accrued during a
85+ deferral or abatement period under either of those sections before
86+ January 1, 2018, if the tax remains unpaid as of that date, and
87+ apply to interest that accrues during a deferral or abatement
88+ period under either of those sections on or after that date,
89+ regardless of whether the deferral or abatement period began before
90+ January 1, 2018, or begins on or after that date.
9091 SECTION 5. This Act takes effect January 1, 2018.