| 1 | 1 | | 88R20680 TJB-D |
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| 2 | 2 | | By: Noble, Raymond, Thierry, Klick, et al. H.B. No. 3640 |
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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 an exemption from ad valorem taxation of a portion of |
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| 8 | 8 | | the appraised value of a property other than a residence homestead |
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| 9 | 9 | | that is the primary residence of an adult who has an intellectual or |
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| 10 | 10 | | developmental disability and who must be related to the owner or |
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| 11 | 11 | | trustee of the property within a certain degree by consanguinity. |
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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. Subchapter B, Chapter 11, Tax Code, is amended by |
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| 14 | 14 | | adding Section 11.36 to read as follows: |
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| 15 | 15 | | Sec. 11.36. RESIDENCE OF ADULT WITH INTELLECTUAL OR |
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| 16 | 16 | | DEVELOPMENTAL DISABILITY. (a) In this section: |
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| 17 | 17 | | (1) "Developmental disability" has the meaning |
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| 18 | 18 | | assigned by Section 112.042, Human Resources Code. |
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| 19 | 19 | | (2) "Intellectual disability" has the meaning |
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| 20 | 20 | | assigned by Section 591.003, Health and Safety Code. |
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| 21 | 21 | | (b) This section does not apply to real property that |
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| 22 | 22 | | qualifies for an exemption under Section 11.13 as a person's |
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| 23 | 23 | | residence homestead. |
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| 24 | 24 | | (c) A person is entitled to an exemption from taxation of a |
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| 25 | 25 | | portion equal to the amount of the exemption prescribed by Section |
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| 26 | 26 | | 11.13(b) of the appraised value of the real property the person owns |
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| 27 | 27 | | that is the primary residence of an adult who has an intellectual or |
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| 28 | 28 | | developmental disability and who must be related to the owner or |
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| 29 | 29 | | trustee of the property within the third degree by consanguinity. |
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| 30 | 30 | | SECTION 2. Section 11.43(c), Tax Code, is amended to read as |
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| 31 | 31 | | follows: |
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| 32 | 32 | | (c) An exemption provided by Section 11.13, 11.131, 11.132, |
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| 33 | 33 | | 11.133, 11.134, 11.17, 11.18, 11.182, 11.1827, 11.183, 11.19, |
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| 34 | 34 | | 11.20, 11.21, 11.22, 11.23(a), (h), (j), (j-1), or (m), 11.231, |
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| 35 | 35 | | 11.254, 11.27, 11.271, 11.29, 11.30, 11.31, 11.315, [or] 11.35, or |
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| 36 | 36 | | 11.36, once allowed, need not be claimed in subsequent years, and |
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| 37 | 37 | | except as otherwise provided by Subsection (e), the exemption |
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| 38 | 38 | | applies to the property until it changes ownership or the person's |
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| 39 | 39 | | qualification for the exemption changes. However, except as |
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| 40 | 40 | | provided by Subsection (r), the chief appraiser may require a |
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| 41 | 41 | | person allowed one of the exemptions in a prior year to file a new |
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| 42 | 42 | | application to confirm the person's current qualification for the |
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| 43 | 43 | | exemption by delivering a written notice that a new application is |
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| 44 | 44 | | required, accompanied by an appropriate application form, to the |
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| 45 | 45 | | person previously allowed the exemption. If the person previously |
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| 46 | 46 | | allowed the exemption is 65 years of age or older, the chief |
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| 47 | 47 | | appraiser may not cancel the exemption due to the person's failure |
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| 48 | 48 | | to file the new application unless the chief appraiser complies |
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| 49 | 49 | | with the requirements of Subsection (q), if applicable. |
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| 50 | 50 | | SECTION 3. This Act applies only to ad valorem taxes imposed |
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| 51 | 51 | | for a tax year that begins on or after the effective date of this |
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| 52 | 52 | | Act. |
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| 53 | 53 | | SECTION 4. This Act takes effect January 1, 2024, but only |
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| 54 | 54 | | if the constitutional amendment proposed by the 88th Legislature, |
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| 55 | 55 | | Regular Session, 2023, authorizing the legislature to provide for |
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| 56 | 56 | | an exemption from ad valorem taxation of a portion of the market |
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| 57 | 57 | | value of a property that is the primary residence of an adult who |
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| 58 | 58 | | has an intellectual or developmental disability and who must be |
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| 59 | 59 | | related to the owner or trustee of the property within a certain |
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| 60 | 60 | | degree by consanguinity is approved by the voters. If that |
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| 61 | 61 | | amendment is not approved by the voters, this Act has no effect. |
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