Texas 2023 - 88th Regular

Texas House Bill HB4950 Latest Draft

Bill / Introduced Version Filed 03/10/2023

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                            88R14517 MLH-D
 By: Gervin-Hawkins H.B. No. 4950


 A BILL TO BE ENTITLED
 AN ACT
 relating to an exemption from ad valorem taxation of the amount of
 the appraised value of real property that arises from the
 installation in the property of certain energy efficiency-related
 improvements.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subchapter B, Chapter 11, Tax Code, is amended by
 adding Section 11.272 to read as follows:
 Sec. 11.272.  ENERGY-EFFICIENT IMPROVEMENTS.  (a)  In this
 section, "energy efficiency-related improvement" means an
 improvement or technology that reduces the amount of energy needed
 to perform the basic functions of a property, including:
 (1)  a high-efficiency heating, ventilation, and air
 conditioning system;
 (2)  a central air conditioning demand response
 technology;
 (3)  a high-efficiency heat pump;
 (4)  attic insulation;
 (5)  a radiant barrier;
 (6)  a smart thermostat;
 (7)  a high-efficiency water heater;
 (8)  an electric vehicle charging demand response
 technology;
 (9)  high-efficiency windows; and
 (10)  the sealing or resealing of doors, windows, or
 other openings.
 (b)  A person is entitled to an exemption from taxation of
 the amount of the appraised value of real property owned by the
 person that arises from the installation in the property of an
 energy efficiency-related improvement.
 (c)  The comptroller, with the assistance of the State Energy
 Conservation Office or its successor, shall develop guidelines to
 assist local officials in the administration of this section.
 SECTION 2.  Section 11.43(c), Tax Code, is amended to read as
 follows:
 (c)  An exemption provided by Section 11.13, 11.131, 11.132,
 11.133, 11.134, 11.17, 11.18, 11.182, 11.1827, 11.183, 11.19,
 11.20, 11.21, 11.22, 11.23(a), (h), (j), (j-1), or (m), 11.231,
 11.254, 11.27, 11.271, 11.272, 11.29, 11.30, 11.31, 11.315, or
 11.35, once allowed, need not be claimed in subsequent years, and
 except as otherwise provided by Subsection (e), the exemption
 applies to the property until it changes ownership or the person's
 qualification for the exemption changes. However, except as
 provided by Subsection (r), the chief appraiser may require a
 person allowed one of the exemptions in a prior year to file a new
 application to confirm the person's current qualification for the
 exemption by delivering a written notice that a new application is
 required, accompanied by an appropriate application form, to the
 person previously allowed the exemption. If the person previously
 allowed the exemption is 65 years of age or older, the chief
 appraiser may not cancel the exemption due to the person's failure
 to file the new application unless the chief appraiser complies
 with the requirements of Subsection (q), if applicable.
 SECTION 3.  This Act applies beginning with the 2024 tax
 year.
 SECTION 4.  This Act takes effect January 1, 2024, but only
 if the constitutional amendment proposed by the 88th Legislature,
 Regular Session, 2023, to authorize the legislature to provide for
 an exemption from ad valorem taxation of the amount of the market
 value of real property that arises from the installation in the
 property of certain energy efficiency-related improvements is
 approved by the voters.  If that amendment is not approved by the
 voters, this Act has no effect.