1 | 1 | | 86R4873 LHC-D |
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2 | 2 | | By: Sanford H.B. No. 4184 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the exemption from ad valorem taxation of a percentage |
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8 | 8 | | of the appraised value of the residence homestead of a partially |
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9 | 9 | | disabled veteran and the amount of the exemption for the surviving |
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10 | 10 | | spouses and children of certain disabled veterans. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 11.22, Tax Code, is amended by adding |
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13 | 13 | | Subsection (b-1) and amending Subsections (c) and (e) to read as |
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14 | 14 | | follows: |
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15 | 15 | | (b-1) A disabled veteran who has a disability rating of at |
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16 | 16 | | least 10 percent but less than 100 percent is entitled to an |
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17 | 17 | | exemption from taxation of a percentage of the appraised value of |
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18 | 18 | | the disabled veteran's residence homestead equal to the disabled |
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19 | 19 | | veteran's disability rating. |
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20 | 20 | | (c) If a disabled veteran who is entitled to an exemption by |
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21 | 21 | | Subsection (a), [or] (b), or (b-1) [of this section] dies, the |
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22 | 22 | | veteran's surviving spouse is entitled to an exemption from |
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23 | 23 | | taxation of a portion of the assessed value of a property the spouse |
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24 | 24 | | owns and designates as provided by Subsection (f) [of this |
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25 | 25 | | section]. The amount of the exemption is the dollar amount of the |
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26 | 26 | | veteran's exemption at time of death. The spouse is entitled to an |
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27 | 27 | | exemption by this subsection only for as long as the spouse remains |
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28 | 28 | | unmarried. If the spouse does not survive the veteran, each of the |
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29 | 29 | | veteran's surviving children who is younger than 18 years of age and |
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30 | 30 | | unmarried is entitled to an exemption from taxation of a portion of |
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31 | 31 | | the assessed value of a property the child owns and designates as |
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32 | 32 | | provided by Subsection (f) [of this section]. The amount of |
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33 | 33 | | exemption for each eligible child is computed by dividing the |
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34 | 34 | | dollar amount of the veteran's exemption at time of death by the |
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35 | 35 | | number of eligible children. The surviving spouse or a surviving |
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36 | 36 | | child of a disabled veteran who was receiving an exemption under |
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37 | 37 | | Subsection (b-1) at the time of the veteran's death may designate as |
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38 | 38 | | provided by Subsection (f) only a property that qualifies as the |
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39 | 39 | | spouse's or child's residence homestead. |
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40 | 40 | | (e) An individual who qualifies for more than one exemption |
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41 | 41 | | authorized by this section is entitled to aggregate the amounts of |
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42 | 42 | | the exemptions, except that: |
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43 | 43 | | (1) a disabled veteran who qualifies for more than one |
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44 | 44 | | exemption authorized by Subsections (a), [and] (b), and (b-1) [of |
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45 | 45 | | this section] is entitled to only one exemption but may choose the |
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46 | 46 | | greatest exemption for which the veteran [he] qualifies; and |
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47 | 47 | | (2) an individual who receives an exemption as a |
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48 | 48 | | surviving spouse of a disabled veteran as provided by Subsection |
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49 | 49 | | (c) [of this section] may not receive an exemption as a surviving |
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50 | 50 | | child as provided by Subsection (c) or (d) [of this section]. |
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51 | 51 | | SECTION 2. Section 11.22(h), Tax Code, is amended by adding |
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52 | 52 | | Subdivision (3-a) to read as follows: |
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53 | 53 | | (3-a) "Residence homestead" has the meaning assigned |
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54 | 54 | | by Section 11.13. |
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55 | 55 | | SECTION 3. This Act applies only to ad valorem taxes imposed |
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56 | 56 | | for a tax year beginning on or after the effective date of this Act. |
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57 | 57 | | SECTION 4. This Act takes effect January 1, 2020, but only |
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58 | 58 | | if the constitutional amendment proposed by the 86th Legislature, |
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59 | 59 | | Regular Session, 2019, proposing a constitutional amendment |
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60 | 60 | | authorizing the legislature to exempt from ad valorem taxation a |
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61 | 61 | | percentage of the assessed value of the residence homestead of a |
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62 | 62 | | partially disabled veteran based on the disability rating of the |
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63 | 63 | | veteran is approved by the voters. If that constitutional |
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64 | 64 | | amendment is not approved by the voters, this Act has no effect. |
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