Texas 2023 - 88th Regular

Texas House Bill HB5013 Compare Versions

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1	1	88R13149 SHH-D
2	2	By: Jones of Harris H.B. No. 5013
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an exemption from ad valorem taxation of 50 percent of
8	8	the appraised value of the residence homestead of a person who has
9	9	received a residence homestead exemption on the property for at
10	10	least the preceding 10 years.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 11.13, Tax Code, is amended by amending
13	13	Subsection (i) and adding Subsection (s) to read as follows:
14	14	(i) The assessor and collector for a taxing unit may
15	15	disregard the exemptions authorized by Subsection (b), (c), (d),
16	16	[or] (n), or (s) [of this section] and assess and collect a tax
17	17	pledged for payment of debt without deducting the amount of the
18	18	exemption if:
19	19	(1) prior to adoption of the exemption, the taxing
20	20	unit pledged the taxes for the payment of a debt; and
21	21	(2) granting the exemption would impair the obligation
22	22	of the contract creating the debt.
23	23	(s) In addition to any other exemptions provided by this
24	24	section, an individual is entitled to an exemption from taxation of
25	25	50 percent of the appraised value of the individual's residence
26	26	homestead if the individual has received an exemption under this
27	27	section for the same residence homestead for at least the preceding
28	28	10 years.
29	29	SECTION 2. Section 11.42(c), Tax Code, is amended to read as
30	30	follows:
31	31	(c) An exemption authorized by Section 11.13(c), [or] (d),
32	32	or (s), 11.132, 11.133, or 11.134 is effective as of January 1 of
33	33	the tax year in which the person qualifies for the exemption and
34	34	applies to the entire tax year.
35	35	SECTION 3. Section 11.43(a), Tax Code, is amended to read as
36	36	follows:
37	37	(a) To receive an exemption, a person claiming the
38	38	exemption, other than an exemption authorized by Section 11.11,
39	39	11.12, 11.13(s), 11.14, 11.141, 11.145, 11.146, 11.15, 11.16,
40	40	11.161, or 11.25, must apply for the exemption. To apply for an
41	41	exemption, a person must file an exemption application form with
42	42	the chief appraiser for each appraisal district in which the
43	43	property subject to the claimed exemption has situs.
44	44	SECTION 4. Section 26.10(b), Tax Code, is amended to read as
45	45	follows:
46	46	(b) If the appraisal roll shows that a residence homestead
47	47	exemption under Section 11.13(c), [or] (d), or (s), 11.132, 11.133,
48	48	or 11.134 applicable to a property on January 1 of a year terminated
49	49	during the year and if the owner of the property qualifies a
50	50	different property for one of those residence homestead exemptions
51	51	during the same year, the tax due against the former residence
52	52	homestead is calculated by:
53	53	(1) subtracting:
54	54	(A) the amount of the taxes that otherwise would
55	55	be imposed on the former residence homestead for the entire year had
56	56	the owner qualified for the residence homestead exemption for the
57	57	entire year; from
58	58	(B) the amount of the taxes that otherwise would
59	59	be imposed on the former residence homestead for the entire year had
60	60	the owner not qualified for the residence homestead exemption
61	61	during the year;
62	62	(2) multiplying the remainder determined under
63	63	Subdivision (1) by a fraction, the denominator of which is 365 and
64	64	the numerator of which is the number of days that elapsed after the
65	65	date the exemption terminated; and
66	66	(3) adding the product determined under Subdivision
67	67	(2) and the amount described by Subdivision (1)(A).
68	68	SECTION 5. Section 26.112, Tax Code, is amended to read as
69	69	follows:
70	70	Sec. 26.112. CALCULATION OF TAXES ON RESIDENCE HOMESTEAD OF
71	71	CERTAIN PERSONS. (a) Except as provided by Section 26.10(b), if at
72	72	any time during a tax year property is owned by an individual who
73	73	qualifies for an exemption under Section 11.13(c), [or] (d), or
74	74	(s), 11.133, or 11.134, the amount of the tax due on the property
75	75	for the tax year is calculated as if the individual qualified for
76	76	the exemption on January 1 and continued to qualify for the
77	77	exemption for the remainder of the tax year.
78	78	(b) If an individual qualifies for an exemption under
79	79	Section 11.13(c), [or] (d), or (s), 11.133, or 11.134 with respect
80	80	to the property after the amount of the tax due on the property is
81	81	calculated and the effect of the qualification is to reduce the
82	82	amount of the tax due on the property, the assessor for each taxing
83	83	unit shall recalculate the amount of the tax due on the property and
84	84	correct the tax roll. If the tax bill has been mailed and the tax on
85	85	the property has not been paid, the assessor shall mail a corrected
86	86	tax bill to the person in whose name the property is listed on the
87	87	tax roll or to the person's authorized agent. If the tax on the
88	88	property has been paid, the tax collector for the taxing unit shall
89	89	refund to the person who was the owner of the property on the date
90	90	the tax was paid the amount by which the payment exceeded the tax
91	91	due.
92	92	SECTION 6. The exemption from ad valorem taxation of a
93	93	residence homestead authorized by Section 11.13(s), Tax Code, as
94	94	added by this Act, applies only to taxes imposed beginning with the
95	95	2024 tax year.
96	96	SECTION 7. This Act takes effect January 1, 2024, but only
97	97	if the constitutional amendment proposed by the 88th Legislature,
98	98	Regular Session, 2023, to exempt from ad valorem taxation 50
99	99	percent of the appraised value of the residence homestead of a
100	100	person who has received a residence homestead exemption for the
101	101	property for at least the preceding 10 years is approved by the
102	102	voters. If that amendment is not approved by the voters, this Act
103	103	has no effect.