2019S0579-1 04/15/19
By: Menéndez S.B. No. 2544
A BILL TO BE ENTITLED
AN ACT
relating to deferred collection of ad valorem taxes on certain
residence homesteads.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 33.06, Tax Code, is
amended to read as follows:
Sec. 33.06. DEFERRED COLLECTION OF TAXES ON CERTAIN
RESIDENCE HOMESTEADS [HOMESTEAD OF ELDERLY OR DISABLED PERSON OR
DISABLED VETERAN].
SECTION 2. Sections 33.06(a) and (d), Tax Code, are amended
to read as follows:
(a) An individual is entitled to defer collection of a tax,
abate a suit to collect a delinquent tax, or abate a sale to
foreclose a tax lien if:
(1) the individual:
(A) is 65 years of age or older;
(B) is disabled as defined by Section 11.13(m);
or
(C) is qualified to receive an exemption under
Section 11.134 or 11.22; and
(2) the tax was imposed against property that the
individual owns and occupies as a residence homestead.
(d) A tax lien remains on the property and interest
continues to accrue during the period collection of taxes is
deferred or abated under this section. The annual interest rate
during the deferral or abatement period is 2.5 [five] percent
instead of the rate provided by Section 33.01. Interest and
penalties that accrued or that were incurred or imposed under
Section 33.01 or 33.07 before the date the individual files the
deferral affidavit under Subsection (b) or the date the judgment
abating the suit is entered, as applicable, are preserved. A
penalty under Section 33.01 is not incurred during a deferral or
abatement period. The additional penalty under Section 33.07 may
be imposed and collected only if the taxes for which collection is
deferred or abated remain delinquent on or after the 181st day after
the date the deferral or abatement period expires. A plea of
limitation, laches, or want of prosecution does not apply against
the taxing unit because of deferral or abatement of collection as
provided by this section.
SECTION 3. Section 33.06(d), Tax Code, as amended by this
Act, applies only to interest that accrues during a deferral or
abatement period on or after January 1, 2020, regardless of whether
the deferral or abatement period began before that date or begins on
or after that date. Interest that accrued during a deferral or
abatement period before January 1, 2020, is governed by the law in
effect when the interest accrued, and that law is continued in
effect for that purpose.
SECTION 4. This Act takes effect January 1, 2020.