Texas 2019 86th Regular

Texas Senate Bill SB1161 Introduced / Bill

Filed 02/26/2019

                    86R4382 CJC-D
 By: Kolkhorst S.B. No. 1161


 A BILL TO BE ENTITLED
 AN ACT
 relating to the determination of the total taxable value of
 property in a school district under the property value study
 conducted by the comptroller of public accounts.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Sections 403.302(d) and (m), Government Code,
 are amended to read as follows:
 (d)  For the purposes of this section, "taxable value" means
 the market value of all taxable property less:
 (1)  the total dollar amount of any residence homestead
 exemptions lawfully granted under Section 11.13(b) or (c), Tax
 Code, in the year that is the subject of the study for each school
 district;
 (2)  one-half of the total dollar amount of any
 residence homestead exemptions granted under Section 11.13(n), Tax
 Code, in the year that is the subject of the study for each school
 district;
 (3)  the total dollar amount of any exemptions granted
 before May 31, 1993, within a reinvestment zone under agreements
 authorized by Chapter 312, Tax Code;
 (4)  subject to Subsection (e), the total dollar amount
 of any captured appraised value of property that:
 (A)  is within a reinvestment zone created on or
 before May 31, 1999, or is proposed to be included within the
 boundaries of a reinvestment zone as the boundaries of the zone and
 the proposed portion of tax increment paid into the tax increment
 fund by a school district are described in a written notification
 provided by the municipality or the board of directors of the zone
 to the governing bodies of the other taxing units in the manner
 provided by former Section 311.003(e), Tax Code, before May 31,
 1999, and within the boundaries of the zone as those boundaries
 existed on September 1, 1999, including subsequent improvements to
 the property regardless of when made;
 (B)  generates taxes paid into a tax increment
 fund created under Chapter 311, Tax Code, under a reinvestment zone
 financing plan approved under Section 311.011(d), Tax Code, on or
 before September 1, 1999; and
 (C)  is eligible for tax increment financing under
 Chapter 311, Tax Code;
 (5)  the total dollar amount of any captured appraised
 value of property that:
 (A)  is within a reinvestment zone:
 (i)  created on or before December 31, 2008,
 by a municipality with a population of less than 18,000; and
 (ii)  the project plan for which includes
 the alteration, remodeling, repair, or reconstruction of a
 structure that is included on the National Register of Historic
 Places and requires that a portion of the tax increment of the zone
 be used for the improvement or construction of related facilities
 or for affordable housing;
 (B)  generates school district taxes that are paid
 into a tax increment fund created under Chapter 311, Tax Code; and
 (C)  is eligible for tax increment financing under
 Chapter 311, Tax Code;
 (6)  the total dollar amount of any exemptions granted
 under Section 11.251 or 11.253, Tax Code;
 (7)  the difference between the comptroller's estimate
 of the market value and the productivity value of land that
 qualifies for appraisal on the basis of its productive capacity,
 except that the productivity value estimated by the comptroller may
 not exceed the fair market value of the land;
 (8)  the portion of the appraised value of residence
 homesteads of individuals who receive a tax limitation under
 Section 11.26, Tax Code, on which school district taxes are not
 imposed in the year that is the subject of the study, calculated as
 if the residence homesteads were appraised at the full value
 required by law;
 (9)  a portion of the market value of property not
 otherwise fully taxable by the school district at market value
 because of[:
 [(A)]  action required by statute or the
 constitution of this state, other than Section 11.311, Tax Code,
 that, if the tax rate adopted by the district is applied to it,
 produces an amount equal to the difference between the tax that the
 district would have imposed on the property if the property were
 fully taxable at market value and the tax that the district is
 actually authorized to impose on the property, if this subsection
 does not otherwise require that portion to be deducted;
 (9-a)  the amount equal to one-half of the portion of
 the market value of property not otherwise fully taxable by the
 school district at market value because of [or
 [(B)]  action taken by the district under
 Subchapter B or C, Chapter 313, Tax Code, before the expiration of
 that [the] subchapter;
 (10)  the market value of all tangible personal
 property, other than manufactured homes, owned by a family or
 individual and not held or used for the production of income;
 (11)  the appraised value of property the collection of
 delinquent taxes on which is deferred under Section 33.06, Tax
 Code;
 (12)  the portion of the appraised value of property
 the collection of delinquent taxes on which is deferred under
 Section 33.065, Tax Code; and
 (13)  the amount by which the market value of a
 residence homestead to which Section 23.23, Tax Code, applies
 exceeds the appraised value of that property as calculated under
 that section.
 (m)  Subsection (d)(9-a) [(d)(9)] does not apply to property
 that was the subject of an application under Subchapter B or C,
 Chapter 313, Tax Code, made after May 1, 2009, that the comptroller
 recommended should be disapproved.
 SECTION 2.  The change in law made by this Act applies only
 to the study conducted under Section 403.302, Government Code, for
 a tax year that begins on or after January 1, 2020.  The study for a
 tax year that begins before that date is covered by the law in
 effect immediately before the effective date of this Act, and the
 prior law is continued in effect for that purpose.
 SECTION 3.  This Act takes effect September 1, 2019.