Texas 2021 - 87th 2nd C.S.

Texas Senate Bill SB8 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 8
	1	+	By: Bettencourt, et al. S.B. No. 8
	2	+	(Meyer)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the authority of a person who acquires a residence
6	8		homestead to receive an ad valorem tax exemption for the homestead
7	9		in the year in which the property is acquired and to the protection
8	10		of school districts against the resulting loss in revenue.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Section 11.42, Tax Code, is amended by adding
11	13		Subsection (f) to read as follows:
12	14		(f) A person who acquires property after January 1 of a tax
13	15		year may receive an exemption authorized by Section 11.13, other
14	16		than an exemption authorized by Section 11.13(c) or (d), for the
15	17		applicable portion of that tax year immediately on qualification
16	18		for the exemption if the preceding owner did not receive the same
17	19		exemption for that tax year.
18	20		SECTION 2. Section 11.43(d), Tax Code, is amended to read as
19	21		follows:
20	22		(d) To receive an exemption the eligibility for which is
21	23		determined by the claimant's qualifications on January 1 of the tax
22	24		year, a person required to claim an exemption must file a completed
23	25		exemption application form before May 1 and must furnish the
24	26		information required by the form. A person who after January 1 of a
25	27		tax year acquires property that qualifies for an exemption covered
26	28		by Section 11.42(d) or (f) must apply for the exemption for the
27	29		applicable portion of that tax year before the first anniversary of
28	30		the date the person acquires the property. For good cause shown the
29	31		chief appraiser may extend the deadline for filing an exemption
30	32		application by written order for a single period not to exceed 60
31	33		days.
32	34		SECTION 3. Section 23.23, Tax Code, is amended by adding
33	35		Subsection (c-1) to read as follows:
34	36		(c-1) For purposes of Subsection (c), an owner who receives
35	37		an exemption as provided by Section 11.42(f) is considered to have
36	38		qualified the property for the exemption as of January 1 of the tax
37	39		year following the tax year in which the owner acquired the
38	40		property.
39	41		SECTION 4. Chapter 26, Tax Code, is amended by adding
40	42		Section 26.1115 to read as follows:
41	43		Sec. 26.1115. CALCULATION OF TAXES ON RESIDENCE HOMESTEAD
42	44		GENERALLY. (a) If an individual receives one or more exemptions
43	45		under Section 11.13 for a portion of a tax year as provided by
44	46		Section 11.42(f), except as provided by Subsection (b) of this
45	47		section, the amount of tax due on the property for that year is
46	48		calculated by:
47	49		(1) subtracting:
48	50		(A) the amount of the taxes that otherwise would
49	51		be imposed on the property for the entire year had the individual
50	52		qualified for the exemptions for the entire year; from
51	53		(B) the amount of the taxes that otherwise would
52	54		be imposed on the property for the entire year had the individual
53	55		not qualified for the exemptions during the year;
54	56		(2) multiplying the remainder determined under
55	57		Subdivision (1) by a fraction, the denominator of which is 365 and
56	58		the numerator of which is the number of days in that year that
57	59		elapsed before the date the individual first qualified the property
58	60		for the exemptions; and
59	61		(3) adding the product determined under Subdivision
60	62		(2) and the amount described by Subdivision (1)(A).
61	63		(b) If an individual receives one or more exemptions to
62	64		which Subsection (a) of this section applies for a portion of a tax
63	65		year as provided by Section 11.42(f) and the exemptions terminate
64	66		during the year in which the individual acquired the property, the
65	67		amount of tax due on the property for that year is calculated by:
66	68		(1) subtracting:
67	69		(A) the amount of the taxes that otherwise would
68	70		be imposed on the property for the entire year had the individual
69	71		qualified for the exemptions for the entire year; from
70	72		(B) the amount of the taxes that otherwise would
71	73		be imposed on the property for the entire year had the individual
72	74		not qualified for the exemptions during the year;
73	75		(2) multiplying the remainder determined under
74	76		Subdivision (1) by a fraction, the denominator of which is 365 and
75	77		the numerator of which is the sum of:
76	78		(A) the number of days in that year that elapsed
77	79		before the date the individual first qualified the property for the
78	80		exemptions; and
79	81		(B) the number of days in that year that elapsed
80	82		after the date the exemptions terminated; and
81	83		(3) adding the product determined under Subdivision
82	84		(2) and the amount described by Subdivision (1)(A).
83	85		(c) If an individual qualifies to receive an exemption as
84	86		described by Subsection (a) with respect to a property after the
85	87		amount of tax due on the property is calculated and if the effect of
86	88		the qualification is to reduce the amount of tax due on the
87	89		property, the assessor for each taxing unit shall recalculate the
88	90		amount of the tax due on the property and correct the tax roll. If
89	91		the tax bill has been mailed and the tax on the property has not been
90	92		paid, the assessor shall mail a corrected tax bill to the individual
91	93		in whose name the property is listed on the tax roll or to the
92	94		individual's authorized agent. If the tax on the property has been
93	95		paid, the collector for the taxing unit shall refund to the
94	96		individual who paid the tax the amount by which the payment exceeded
95	97		the tax due.
96	98		SECTION 5. Section 39.082, Education Code, is amended by
97	99		adding Subsection (c-1) to read as follows:
98	100		(c-1) The system may not include an indicator under
99	101		Subsection (b) or any other performance measure that penalizes a
100	102		school district for failure to collect the amount of taxes equal to
101	103		the total amount of tax refunds provided under Section 26.1115(c),
102	104		Tax Code.
103	105		SECTION 6. Section 48.202, Education Code, is amended by
104	106		adding Subsection (e-1) to read as follows:
105	107		(e-1) For purposes of this section, the total amount of
106	108		maintenance and operations taxes collected by a school district
107	109		includes the amount of taxes refunded under Section 26.1115(c), Tax
108	110		Code.
109	111		SECTION 7. Subchapter F, Chapter 48, Education Code, is
110	112		amended by adding Section 48.2541 to read as follows:
111	113		Sec. 48.2541. ADDITIONAL STATE AID FOR CERTAIN AD VALOREM
112	114		TAX REFUNDS. For each school year, a school district, including a
113	115		school district that is otherwise ineligible for state aid under
114	116		this chapter, is entitled to state aid in an amount equal to the
115	117		amount of all tax refunds provided under Section 26.1115(c), Tax
116	118		Code.
117	119		SECTION 8. This Act applies only to a residence homestead
118	120		acquired on or after the effective date of this Act.
119	121		SECTION 9. This Act takes effect January 1, 2022.
120		-	______________________________ ______________________________
121		-	President of the Senate Speaker of the House
122		-	I hereby certify that S.B. No. 8 passed the Senate on
123		-	August 9, 2021, by the following vote: Yeas 29, Nays 0.
124		-	______________________________
125		-	Secretary of the Senate
126		-	I hereby certify that S.B. No. 8 passed the House on
127		-	August 27, 2021, by the following vote: Yeas 121, Nays 0, one
128		-	present not voting.
129		-	______________________________
130		-	Chief Clerk of the House
131		-	Approved:
132		-	______________________________
133		-	Date
134		-	______________________________
135		-	Governor