| 1 | 1 | | 87R1035 TJB-D |
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| 2 | 2 | | By: Miles S.B. No. 361 |
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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 continuation of a limitation on increases in the |
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| 8 | 8 | | appraised value of a residence homestead for ad valorem tax |
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| 9 | 9 | | purposes if the property is acquired by and qualifies as the |
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| 10 | 10 | | homestead of an heir of the owner or the owner's spouse or surviving |
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| 11 | 11 | | spouse. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 23.23, Tax Code, is amended by amending |
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| 14 | 14 | | Subsection (c) and adding Subsection (c-1) to read as follows: |
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| 15 | 15 | | (c) The limitation provided by Subsection (a) takes effect |
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| 16 | 16 | | as to a residence homestead on January 1 of the tax year following |
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| 17 | 17 | | the first tax year the owner qualifies the property for an exemption |
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| 18 | 18 | | under Section 11.13. |
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| 19 | 19 | | (c-1) The limitation provided by Subsection (a) expires as |
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| 20 | 20 | | to a residence homestead on January 1 of the first tax year that |
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| 21 | 21 | | none of the following individuals qualify for an exemption under |
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| 22 | 22 | | Section 11.13 with respect to the property: |
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| 23 | 23 | | (1) [neither] the owner of the property when the |
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| 24 | 24 | | limitation took effect; |
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| 25 | 25 | | (2) [nor] the owner's spouse or surviving spouse; or |
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| 26 | 26 | | (3) the first heir property owner to acquire the |
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| 27 | 27 | | property as heir property from an individual described by |
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| 28 | 28 | | Subdivision (1) or (2) [qualifies for an exemption under Section |
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| 29 | 29 | | 11.13]. |
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| 30 | 30 | | SECTION 2. This Act applies only to the appraisal for ad |
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| 31 | 31 | | valorem tax purposes of residence homesteads for a tax year that |
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| 32 | 32 | | begins on or after the effective date of this Act. |
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| 33 | 33 | | SECTION 3. This Act takes effect January 1, 2022, but only |
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| 34 | 34 | | if the constitutional amendment proposed by the 87th Legislature, |
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| 35 | 35 | | Regular Session, 2021, to authorize the legislature to provide for |
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| 36 | 36 | | the continuation of a limitation on the maximum appraised value of a |
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| 37 | 37 | | residence homestead for ad valorem tax purposes if the property is |
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| 38 | 38 | | acquired by and qualifies as the homestead of an heir of the owner |
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| 39 | 39 | | or the owner's spouse or surviving spouse is approved by the voters. |
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| 40 | 40 | | If that amendment is not approved by the voters, this Act has no |
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| 41 | 41 | | effect. |
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