Texas 2023 - 88th Regular

Texas Senate Bill SB2131

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the treatment of a replacement structure for a structure that was rendered uninhabitable or unusable by a casualty or by wind or water damage as a new improvement for ad valorem tax purposes.

Impact

The modifications proposed by SB2131 are expected to significantly impact how property taxes are assessed following disasters. Under this bill, property owners reliant on disaster recovery programs could benefit from reduced financial strain, thereby supporting community rebuilding efforts. Additionally, the bill could potentially lead to wider adoption of disaster relief strategies, as it provides a financial incentive for homeowners to replace damaged structures without incurring a heavier tax penalty. This could promote enhanced recovery outcomes across affected areas.

Summary

SB2131 addresses the treatment of replacement structures for properties that have been rendered uninhabitable or unusable due to casualties such as wind or water damage. The bill aims to modify the Tax Code so that these replacement structures are not automatically categorized as new improvements for ad valorem tax purposes if specific conditions are met. Essentially, if the replacement structure does not exceed the square footage of the previous one or is of lower quality construction, it won’t be subject to the new improvement tax hike. This provision seeks to ease the tax burden on property owners who are rebuilding after a disaster.

Sentiment

The sentiment around SB2131 appears to be generally supportive among legislators who recognize the challenges faced by individuals and communities in the aftermath of disasters. Proponents believe that easing the tax implications for those attempting to rebuild fosters resilience and is a compassionate response to unanticipated hardships. However, there may be concerns from fiscal watchdogs or opponents who worry that such measures could reduce tax revenue needed for public services in these recovering areas.

Contention

Despite the overall support for the bill, there are notable points of contention regarding the definitions of 'improvement' and the parameters set for classifying replacement structures. Some critics argue that the thresholds for square footage and construction quality may be subjective or insufficiently stringent, potentially allowing for loopholes that could be exploited. Additionally, there are concerns that while aiming to assist recovery initiatives, the bill could inadvertently lead to disparities in tax assessments in different regions, depending on the interpretation and implementation of the new provisions.

Texas Constitutional Statutes Affected

Tax Code

  • Chapter 11. Taxable Property And Exemptions
    • Section: New Section
    • Section: 261
  • Chapter 23. Appraisal Methods And Procedures
    • Section: 23

Companion Bills

No companion bills found.

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