Texas 2021 - 87th 1st C.S.

Texas Senate Bill SB8 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Bettencourt, et al. S.B. No. 8
	2	+	(In the Senate - Filed July 8, 2021; July 8, 2021, read
	3	+	first time and referred to Committee on Local Government;
	4	+	July 12, 2021, reported favorably by the following vote: Yeas 8,
	5	+	Nays 0; July 12, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
4	9		A BILL TO BE ENTITLED
5	10		AN ACT
6	11		relating to the authority of a person who acquires a residence
7	12		homestead to receive an ad valorem tax exemption for the homestead
8		-	in the year in which the property is acquired, and the protection of
9		-	school districts against the resulting loss in revenue.
	13	+	in the year in which the property is acquired.
10	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11		-	SECTION 1. Section 11.42, Tax Code, is amended ~~by adding~~
12		-	~~Subsection (f) to read as~~ follows:
13		-	(f) A person who acquires property after January 1 of a tax
	15	+	SECTION 1. Section 11.42(d), Tax Code, is amended to read as
	16	+	follows:
	17	+	(d) A person who acquires property after January 1 of a tax
14	18		year may receive an exemption authorized by Section 11.13, other
15		-	than an exemption authorized by Section 11.13(c) or (d), for the
	19	+	than an exemption authorized by Section 11.13(c) or (d), 11.17,
	20	+	11.18, 11.19, 11.20, 11.21, 11.23, 11.231, or 11.30 for the
16	21		applicable portion of that tax year immediately on qualification
17		-	for the exemption if the preceding owner did not receive the same
18		-	exemption for that tax year.
19		-	SECTION 2. Section 11.43(d), Tax Code, is amended to read as
20		-	follows:
21		-	(d) To receive an exemption the eligibility for which is
22		-	determined by the claimant's qualifications on January 1 of the tax
23		-	year, a person required to claim an exemption must file a completed
24		-	exemption application form before May 1 and must furnish the
25		-	information required by the form. A person who after January 1 of a
26		-	tax year acquires property that qualifies for an exemption covered
27		-	by Section 11.42(d) or (f) must apply for the exemption for the
28		-	applicable portion of that tax year before the first anniversary of
29		-	the date the person acquires the property. For good cause shown the
30		-	chief appraiser may extend the deadline for filing an exemption
31		-	application by written order for a single period not to exceed 60
32		-	days.
33		-	SECTION 3. Section 23.23, Tax Code, is amended by adding
34		-	Subsection (c-1) to read as follows:
35		-	(c-1) For purposes of Subsection (c), an owner who receives
36		-	an exemption as provided by Section 11.42(f) is considered to have
37		-	qualified the property for the exemption as of January 1 of the tax
38		-	year following the tax year in which the owner acquired the
39		-	property.
40		-	SECTION 4. Chapter 26, Tax Code, is amended by adding
	22	+	for the exemption.
	23	+	SECTION 2. Chapter 26, Tax Code, is amended by adding
41	24		Section 26.1115 to read as follows:
42	25		Sec. 26.1115. CALCULATION OF TAXES ON RESIDENCE HOMESTEAD
43	26		GENERALLY. (a) If an individual receives one or more exemptions
44	27		under Section 11.13 for a portion of a tax year as provided by
45		-	Section 11.42(f), except as provided by Subsection (b) of this
	28	+	Section 11.42(d), except as provided by Subsection (b) of this
46	29		section, the amount of tax due on the property for that year is
47	30		calculated by:
48	31		(1) subtracting:
49	32		(A) the amount of the taxes that otherwise would
50	33		be imposed on the property for the entire year had the individual
51	34		qualified for the exemptions for the entire year; from
52	35		(B) the amount of the taxes that otherwise would
53	36		be imposed on the property for the entire year had the individual
54	37		not qualified for the exemptions during the year;
55	38		(2) multiplying the remainder determined under
56	39		Subdivision (1) by a fraction, the denominator of which is 365 and
57	40		the numerator of which is the number of days in that year that
58	41		elapsed before the date the individual first qualified the property
59	42		for the exemptions; and
60	43		(3) adding the product determined under Subdivision
61	44		(2) and the amount described by Subdivision (1)(A).
62	45		(b) If an individual receives one or more exemptions to
63	46		which Subsection (a) of this section applies for a portion of a tax
64		-	year as provided by Section 11.42(f) and the exemptions terminate
	47	+	year as provided by Section 11.42(d) and the exemptions terminate
65	48		during the year in which the individual acquired the property, the
66	49		amount of tax due on the property for that year is calculated by:
67	50		(1) subtracting:
68	51		(A) the amount of the taxes that otherwise would
69	52		be imposed on the property for the entire year had the individual
70	53		qualified for the exemptions for the entire year; from
71	54		(B) the amount of the taxes that otherwise would
72	55		be imposed on the property for the entire year had the individual
73	56		not qualified for the exemptions during the year;
74	57		(2) multiplying the remainder determined under
75	58		Subdivision (1) by a fraction, the denominator of which is 365 and
76	59		the numerator of which is the sum of:
77	60		(A) the number of days in that year that elapsed
78	61		before the date the individual first qualified the property for the
79	62		exemptions; and
80	63		(B) the number of days in that year that elapsed
81	64		after the date the exemptions terminated; and
82	65		(3) adding the product determined under Subdivision
83	66		(2) and the amount described by Subdivision (1)(A).
84	67		(c) If an individual qualifies to receive an exemption as
85	68		described by Subsection (a) with respect to a property after the
86	69		amount of tax due on the property is calculated and if the effect of
87	70		the qualification is to reduce the amount of tax due on the
88	71		property, the assessor for each taxing unit shall recalculate the
89	72		amount of the tax due on the property and correct the tax roll. If
90	73		the tax bill has been mailed and the tax on the property has not been
91	74		paid, the assessor shall mail a corrected tax bill to the individual
92	75		in whose name the property is listed on the tax roll or to the
93	76		individual's authorized agent. If the tax on the property has been
94	77		paid, the collector for the taxing unit shall refund to the
95	78		individual who paid the tax the amount by which the payment exceeded
96	79		the tax due.
97		-	SECTION 5. Section 39.082, Education Code, is amended by
98		-	adding Subsection (c-1) to read as follows:
99		-	(c-1) The system may not include an indicator under
100		-	Subsection (b) or any other performance measure that penalizes a
101		-	school district for failure to collect the amount of taxes equal to
102		-	the total amount of tax refunds provided under Section 26.1115(c),
103		-	Tax Code.
104		-	SECTION 6. Section 48.202, Education Code, is amended by
105		-	adding Subsection (e-1) to read as follows:
106		-	(e-1) For purposes of this section, the total amount of
107		-	maintenance and operations taxes collected by a school district
108		-	includes the amount of taxes refunded under Section 26.1115(c), Tax
109		-	Code.
110		-	SECTION 7. Subchapter F, Chapter 48, Education Code, is
111		-	amended by adding Section 48.2541 to read as follows:
112		-	Sec. 48.2541. ADDITIONAL STATE AID FOR CERTAIN AD VALOREM
113		-	TAX REFUNDS. For each school year, a school district, including a
114		-	school district that is otherwise ineligible for state aid under
115		-	this chapter, is entitled to state aid in an amount equal to the
116		-	amount of all tax refunds provided under Section 26.1115(c), Tax
117		-	Code.
118		-	SECTION 8. This Act applies only to a residence homestead
	80	+	SECTION 3. This Act applies only to a residence homestead
119	81		acquired on or after the effective date of this Act.
120		-	SECTION 9. This Act takes effect January 1, 2022.
	82	+	SECTION 4. This Act takes effect January 1, 2022.
	83	+	* * * * *