| 1 | 1 | | 85S10182 LHC-D |
|---|
| 2 | 2 | | By: Metcalf H.B. No. 159 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 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 five [eight] percent |
|---|
| 17 | 17 | | instead of the rate provided by Section 33.01. Interest and |
|---|
| 18 | 18 | | penalties that accrued or that were incurred or imposed under |
|---|
| 19 | 19 | | Section 33.01 or 33.07 before the date the individual files the |
|---|
| 20 | 20 | | deferral affidavit under Subsection (b) or the date the judgment |
|---|
| 21 | 21 | | abating the suit is entered, as applicable, are preserved. A |
|---|
| 22 | 22 | | penalty under Section 33.01 is not incurred during a deferral or |
|---|
| 23 | 23 | | abatement period. The additional penalty under Section 33.07 may |
|---|
| 24 | 24 | | be imposed and collected only if the taxes for which collection is |
|---|
| 25 | 25 | | deferred or abated remain delinquent on or after the 181st day after |
|---|
| 26 | 26 | | the date the deferral or abatement period expires. A plea of |
|---|
| 27 | 27 | | limitation, laches, or want of prosecution does not apply against |
|---|
| 28 | 28 | | the taxing unit because of deferral or abatement of collection as |
|---|
| 29 | 29 | | provided by this section. |
|---|
| 30 | 30 | | SECTION 2. This Act applies only to interest that accrues |
|---|
| 31 | 31 | | during a deferral or abatement period on or after the effective date |
|---|
| 32 | 32 | | of this Act, regardless of whether the deferral or abatement period |
|---|
| 33 | 33 | | began before that date or begins on or after that date. Interest |
|---|
| 34 | 34 | | that accrued during a deferral or abatement period before the |
|---|
| 35 | 35 | | effective date of this Act is governed by the law in effect when the |
|---|
| 36 | 36 | | interest accrued, and that law is continued in effect for that |
|---|
| 37 | 37 | | purpose. |
|---|
| 38 | 38 | | SECTION 3. This Act takes effect January 1, 2018. |
|---|