1 | 1 | | 87R3907 SMT-D |
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2 | 2 | | By: Kacal H.B. No. 1279 |
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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 a local option exemption from ad valorem taxation of a |
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8 | 8 | | percentage of the appraised value of the residence homesteads of |
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9 | 9 | | certain volunteer first responders. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 11.13(i), Tax Code, is amended to read as |
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12 | 12 | | follows: |
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13 | 13 | | (i) The assessor and collector for a taxing unit may |
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14 | 14 | | disregard the exemptions authorized by Subsection (b), (c), (d), |
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15 | 15 | | [or] (n), or (t) [of this section] and assess and collect a tax |
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16 | 16 | | pledged for payment of debt without deducting the amount of the |
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17 | 17 | | exemption if: |
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18 | 18 | | (1) prior to adoption of the exemption, the unit |
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19 | 19 | | pledged the taxes for the payment of a debt; and |
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20 | 20 | | (2) granting the exemption would impair the obligation |
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21 | 21 | | of the contract creating the debt. |
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22 | 22 | | SECTION 2. Section 11.13(m), Tax Code, is amended by adding |
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23 | 23 | | Subdivisions (1-a), (1-b), and (3) to read as follows: |
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24 | 24 | | (1-a) "Emergency medical services volunteer" has the |
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25 | 25 | | meaning assigned by Section 773.003, Health and Safety Code. |
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26 | 26 | | (1-b) "Qualifying volunteer first responder" means an |
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27 | 27 | | individual who: |
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28 | 28 | | (A) is an emergency medical services volunteer or |
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29 | 29 | | volunteer firefighter; |
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30 | 30 | | (B) has served in that capacity for the preceding |
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31 | 31 | | 365 days; and |
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32 | 32 | | (C) during the preceding tax year: |
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33 | 33 | | (i) attended at least 24 hours of training |
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34 | 34 | | conducted by the emergency services or firefighting organization to |
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35 | 35 | | which the volunteer first responder belongs; and |
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36 | 36 | | (ii) participated in at least 25 percent of |
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37 | 37 | | the emergency calls received by the organization. |
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38 | 38 | | (3) "Volunteer firefighter" means an individual who |
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39 | 39 | | provides volunteer firefighting or other emergency services to an |
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40 | 40 | | organized fire department without remuneration, except |
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41 | 41 | | reimbursement for expenses. |
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42 | 42 | | SECTION 3. Section 11.13, Tax Code, is amended by adding |
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43 | 43 | | Subsections (t) and (u) to read as follows: |
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44 | 44 | | (t) In addition to any other exemptions provided by this |
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45 | 45 | | section, a qualifying volunteer first responder is entitled to an |
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46 | 46 | | exemption from ad valorem taxation by a taxing unit of a percentage, |
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47 | 47 | | not to exceed five percent, of the appraised value of the volunteer |
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48 | 48 | | first responder's residence homestead if the exemption is adopted |
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49 | 49 | | by the governing body of the taxing unit. |
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50 | 50 | | (u) Once authorized, an exemption adopted as provided by |
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51 | 51 | | Subsection (t) may be repealed by the governing body of the taxing |
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52 | 52 | | unit. |
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53 | 53 | | SECTION 4. Section 26.10(b), Tax Code, is amended to read as |
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54 | 54 | | follows: |
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55 | 55 | | (b) If the appraisal roll shows that a residence homestead |
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56 | 56 | | exemption under Section 11.13(c), [or] (d), or (t), 11.132, 11.133, |
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57 | 57 | | or 11.134 applicable to a property on January 1 of a year terminated |
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58 | 58 | | during the year and if the owner of the property qualifies a |
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59 | 59 | | different property for one of those residence homestead exemptions |
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60 | 60 | | during the same year, the tax due against the former residence |
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61 | 61 | | homestead is calculated by: |
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62 | 62 | | (1) subtracting: |
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63 | 63 | | (A) the amount of the taxes that otherwise would |
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64 | 64 | | be imposed on the former residence homestead for the entire year had |
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65 | 65 | | the owner qualified for the residence homestead exemption for the |
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66 | 66 | | entire year; from |
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67 | 67 | | (B) the amount of the taxes that otherwise would |
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68 | 68 | | be imposed on the former residence homestead for the entire year had |
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69 | 69 | | the owner not qualified for the residence homestead exemption |
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70 | 70 | | during the year; |
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71 | 71 | | (2) multiplying the remainder determined under |
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72 | 72 | | Subdivision (1) by a fraction, the denominator of which is 365 and |
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73 | 73 | | the numerator of which is the number of days that elapsed after the |
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74 | 74 | | date the exemption terminated; and |
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75 | 75 | | (3) adding the product determined under Subdivision |
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76 | 76 | | (2) and the amount described by Subdivision (1)(A). |
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77 | 77 | | SECTION 5. This Act applies only to ad valorem taxes imposed |
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78 | 78 | | for a tax year that begins on or after the effective date of this |
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79 | 79 | | Act. |
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80 | 80 | | SECTION 6. This Act takes effect January 1, 2022, but only |
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81 | 81 | | if the constitutional amendment proposed by the 87th Legislature, |
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82 | 82 | | Regular Session, 2021, to authorize a local option exemption from |
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83 | 83 | | ad valorem taxation of a percentage of the appraised value of the |
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84 | 84 | | residence homesteads of certain volunteer first responders is |
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85 | 85 | | approved by the voters. If that amendment is not approved by the |
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86 | 86 | | voters, this Act has no effect. |
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