86R16878 JES-D By: Stephenson H.B. No. 3829 A BILL TO BE ENTITLED AN ACT relating to the adjustment of the limitation on the amount of ad valorem taxes imposed by a school district on the residence homestead of an elderly or disabled person if the school district adopts, changes the amount of, or rescinds a local option residence homestead exemption. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 11.26, Tax Code, is amended by adding Subsections (a-4), (a-5), (a-6), and (a-7) to read as follows: (a-4) Notwithstanding the other provisions of this section, if in the 2020 tax year or a subsequent tax year a school district adopts an exemption under Section 11.13(n) for the first time, the amount of the limitation on tax increases provided by this section on the residence homestead of an individual who qualifies for the limitation and who qualified for an exemption under Section 11.13(c) for that homestead for the preceding tax year is, for the tax year in which the exemption is adopted, equal to the amount computed by: (1) multiplying the dollar amount of the appraised value of the homestead exempted under Section 11.13(n) by the tax rate of the district for the current tax year; (2) subtracting the amount computed under Subdivision (1) from the amount of tax the district imposed on the homestead in the preceding tax year; and (3) adding to the amount computed under Subdivision (2) any tax imposed by the district on the homestead in the current tax year attributable to improvements made in the preceding tax year, as provided by Subsection (b). (a-5) Except as provided by Subsections (a-6) and (b), a limitation on tax increases provided by this section on a residence homestead computed under Subsection (a-4) continues to apply to the homestead in subsequent tax years until the limitation expires. (a-6) Notwithstanding the other provisions of this section, if a school district increases, decreases, or rescinds an exemption under Section 11.13(n) that the district adopted for the first time in the 2020 tax year or a subsequent tax year, the amount of the limitation on tax increases provided by this section on the residence homestead of an individual who qualifies for the limitation and who qualified for an exemption under Section 11.13(c) for that homestead for the preceding tax year is, for the tax year in which the exemption is increased, decreased, or rescinded, equal to the amount computed by: (1) multiplying the change, expressed as a positive amount, in the dollar amount of the appraised value of the homestead exempted under Section 11.13(n) as a result of the increase, decrease, or rescission of that exemption by the tax rate of the district for the current tax year; (2) subtracting the amount computed under Subdivision (1) from, or adding the amount computed under that subdivision to, as applicable, the amount of tax the district imposed on the homestead in the preceding tax year; and (3) adding to the amount computed under Subdivision (2) any tax imposed by the district on the homestead in the current tax year attributable to improvements made in the preceding tax year, as provided by Subsection (b). (a-7) Except as provided by Subsection (b), a limitation on tax increases provided by this section on a residence homestead computed under Subsection (a-6) continues to apply to the homestead in subsequent tax years until the limitation expires. SECTION 2. The changes in law made by this Act apply only to an ad valorem tax year that begins on or after January 1, 2020. SECTION 3. This Act takes effect January 1, 2020, but only if the constitutional amendment proposed by the 86th Legislature, Regular Session, 2019, authorizing the legislature to provide for the adjustment of the limitation on the amount of ad valorem taxes imposed by a school district on the residence homestead of an elderly or disabled person if the school district adopts, changes the amount of, or rescinds a local option residence homestead exemption is approved by the voters. If that constitutional amendment is not approved by the voters, this Act has no effect.