Texas 2023 - 88th 3rd C.S.

Texas Senate Bill SB42 Compare Versions

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11 88S30057 TJB-F
22 By: Hinojosa S.B. No. 42
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the calculation of certain ad valorem tax rates of a
88 taxing unit for a year in which a property owner provides notice
99 that the owner intends to appeal an order of an appraisal review
1010 board determining a protest by the owner regarding the appraisal of
1111 the owner's property.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. (a) Section 26.012, Tax Code, is amended by
1414 adding Subdivisions (1-a), (1-b), (1-c), (2-a), and (20) to read as
1515 follows:
1616 (1-a) "Affected taxing unit" means a taxing unit:
1717 (A) that is wholly or partly located in a county
1818 that:
1919 (i) has a population of less than 500,000;
2020 and
2121 (ii) is located on the Gulf of Mexico; and
2222 (B) in which one or more parcels of property are
2323 located that are included as part of anticipated substantial
2424 litigation.
2525 (1-b) "Anticipated substantial litigation" means one
2626 or more appeals filed or intended to be filed under Chapter 42 for a
2727 tax year by a single property owner or by one or more associated
2828 business entities of a single property owner of one or more orders
2929 of an appraisal review board determining one or more protests by the
3030 owner or entities of the taxable value of one or more parcels of
3131 property located in an affected taxing unit that have an aggregate
3232 contested taxable value of more than $1 billion.
3333 (1-c) "Associated business entity" means a subsidiary
3434 or other associated business entity of a property owner.
3535 (2-a) "Contested taxable value" means the portion of
3636 the taxable value of property that is in dispute.
3737 (20) "Uncontested taxable value" means the portion of
3838 the taxable value of property that is not in dispute.
3939 (b) Sections 26.012(1-a), (1-b), (1-c), (2-a), and (20),
4040 Tax Code, as added by this Act, expire December 31, 2025.
4141 SECTION 2. Section 26.012(6), Tax Code, as effective
4242 January 1, 2024, is amended to read as follows:
4343 (6) "Current total value" means the total taxable
4444 value of property listed on the appraisal roll for the current year,
4545 including all appraisal roll supplements and corrections as of the
4646 date of the calculation, less the taxable value of property
4747 exempted for the current tax year for the first time under Section
4848 11.31 or 11.315, except that:
4949 (A) the current total value for a school district
5050 excludes:
5151 (i) the total value of homesteads that
5252 qualify for a tax limitation as provided by Section 11.26;
5353 (ii) new property value of property that is
5454 subject to an agreement entered into under former Subchapter B or C,
5555 Chapter 313; and
5656 (iii) new property value of property that
5757 is subject to an agreement entered into under Subchapter T, Chapter
5858 403, Government Code; [and]
5959 (B) the current total value for a county,
6060 municipality, or junior college district excludes the total value
6161 of homesteads that qualify for a tax limitation provided by Section
6262 11.261; and
6363 (C) the current total value of an affected taxing
6464 unit excludes the portion of the aggregate taxable value of all of
6565 the property located in the taxing unit that is included as part of
6666 anticipated substantial litigation that consists of contested
6767 taxable value.
6868 SECTION 3. Effective January 1, 2026, Section 26.012(6),
6969 Tax Code, as effective January 1, 2024, is amended to read as
7070 follows:
7171 (6) "Current total value" means the total taxable
7272 value of property listed on the appraisal roll for the current year,
7373 including all appraisal roll supplements and corrections as of the
7474 date of the calculation, less the taxable value of property
7575 exempted for the current tax year for the first time under Section
7676 11.31 or 11.315, except that:
7777 (A) the current total value for a school district
7878 excludes:
7979 (i) the total value of homesteads that
8080 qualify for a tax limitation as provided by Section 11.26;
8181 (ii) new property value of property that is
8282 subject to an agreement entered into under former Subchapter B or C,
8383 Chapter 313; and
8484 (iii) new property value of property that
8585 is subject to an agreement entered into under Subchapter T, Chapter
8686 403, Government Code; and
8787 (B) the current total value for a county,
8888 municipality, or junior college district excludes the total value
8989 of homesteads that qualify for a tax limitation provided by Section
9090 11.261.
9191 SECTION 4. Section 26.04(d-3), Tax Code, is amended to read
9292 as follows:
9393 (d-3) As soon as practicable after the designated officer or
9494 employee calculates the no-new-revenue tax rate and the
9595 voter-approval tax rate of the taxing unit, the designated officer
9696 or employee shall submit the tax rate calculation forms used in
9797 calculating the rates to the county assessor-collector for each
9898 county in which all or part of the territory of the taxing unit is
9999 located. If an amount described by Section 26.012(6)(C) is excluded
100100 from the current total value of an affected taxing unit for a tax
101101 year, the designated officer or employee for the taxing unit shall
102102 include as an addendum to the tax rate calculation forms for that
103103 tax year documentation that supports the exclusion.
104104 SECTION 5. Effective January 1, 2026, Section 26.04(d-3),
105105 Tax Code, is amended to read as follows:
106106 (d-3) As soon as practicable after the designated officer or
107107 employee calculates the no-new-revenue tax rate and the
108108 voter-approval tax rate of the taxing unit, the designated officer
109109 or employee shall submit the tax rate calculation forms used in
110110 calculating the rates to the county assessor-collector for each
111111 county in which all or part of the territory of the taxing unit is
112112 located.
113113 SECTION 6. Section 26.16(d-1), Tax Code, is amended to read
114114 as follows:
115115 (d-1) In addition to posting the information described by
116116 Subsection (a), the county assessor-collector shall post on the
117117 Internet website of the county for each taxing unit all or part of
118118 the territory of which is located in the county:
119119 (1) the tax rate calculation forms used by the
120120 designated officer or employee of each taxing unit to calculate the
121121 no-new-revenue and voter-approval tax rates of the taxing unit for
122122 the most recent five tax years beginning with the 2020 tax year, as
123123 certified by the designated officer or employee under Section
124124 26.04(d-2), along with the addendum to those forms required by
125125 Section 26.04(d-3), if applicable; and
126126 (2) the name and official contact information for each
127127 member of the governing body of the taxing unit.
128128 SECTION 7. Effective January 1, 2026, Section 26.16(d-1),
129129 Tax Code, is amended to read as follows:
130130 (d-1) In addition to posting the information described by
131131 Subsection (a), the county assessor-collector shall post on the
132132 Internet website of the county for each taxing unit all or part of
133133 the territory of which is located in the county:
134134 (1) the tax rate calculation forms used by the
135135 designated officer or employee of each taxing unit to calculate the
136136 no-new-revenue and voter-approval tax rates of the taxing unit for
137137 the most recent five tax years beginning with the 2020 tax year, as
138138 certified by the designated officer or employee under Section
139139 26.04(d-2); and
140140 (2) the name and official contact information for each
141141 member of the governing body of the taxing unit.
142142 SECTION 8. Sections 26.17(e) and (f), Tax Code, are amended
143143 to read as follows:
144144 (e) The officer or employee designated by the governing body
145145 of each taxing unit in which the property is located to calculate
146146 the no-new-revenue tax rate and the voter-approval tax rate for the
147147 taxing unit must electronically incorporate into the database:
148148 (1) the information described by Subsections (b)(5),
149149 (6), (7), (12), and (13), as applicable, as the information becomes
150150 available; and
151151 (2) the tax rate calculation forms prepared under
152152 Section 26.04(d-1), along with the addendum to those forms required
153153 by Section 26.04(d-3), if applicable, at the same time the
154154 designated officer or employee submits the tax rates to the
155155 governing body of the taxing unit under Section 26.04(e).
156156 (f) The chief appraiser shall make the information
157157 described by Subsection (e)(1) and the tax rate calculation forms,
158158 along with the addendum to those forms required by Section
159159 26.04(d-3), if applicable, described by Subsection (e)(2)
160160 available to the public not later than the third business day after
161161 the date the information and forms are incorporated into the
162162 database.
163163 SECTION 9. Effective January 1, 2026, Sections 26.17(e) and
164164 (f), Tax Code, are amended to read as follows:
165165 (e) The officer or employee designated by the governing body
166166 of each taxing unit in which the property is located to calculate
167167 the no-new-revenue tax rate and the voter-approval tax rate for the
168168 taxing unit must electronically incorporate into the database:
169169 (1) the information described by Subsections (b)(5),
170170 (6), (7), (12), and (13), as applicable, as the information becomes
171171 available; and
172172 (2) the tax rate calculation forms prepared under
173173 Section 26.04(d-1) at the same time the designated officer or
174174 employee submits the tax rates to the governing body of the taxing
175175 unit under Section 26.04(e).
176176 (f) The chief appraiser shall make the information
177177 described by Subsection (e)(1) and the tax rate calculation forms
178178 described by Subsection (e)(2) available to the public not later
179179 than the third business day after the date the information and forms
180180 are incorporated into the database.
181181 SECTION 10. Subchapter C, Chapter 41, Tax Code, is amended
182182 by adding Section 41.48 to read as follows:
183183 Sec. 41.48. NOTICE OF CERTAIN APPEALS. (a) In this section,
184184 "affected taxing unit," "anticipated substantial litigation,"
185185 "associated business entity," and "uncontested taxable value" have
186186 the meanings assigned by Section 26.012.
187187 (b) A property owner or associated business entity of the
188188 owner that intends to file an appeal under Chapter 42 that is part
189189 of anticipated substantial litigation shall submit to the collector
190190 for each affected taxing unit in which the property included in the
191191 litigation is located the total amount of uncontested taxable value
192192 of all property located in the taxing unit that may be the subject
193193 of an appeal by the property owner or entity and that is part of the
194194 litigation.
195195 (c) A property owner or associated business entity of the
196196 property owner must submit the information required to be submitted
197197 under this section not later than the earlier of August 7 or the
198198 21st day after the date the first hearing regarding a protest of the
199199 value of any property included in the anticipated substantial
200200 litigation is conducted under this chapter.
201201 (d) This section expires December 31, 2025.
202202 SECTION 11. (a) This section takes effect only if the
203203 constitutional amendment proposed by H.J.R. 2, 88th Legislature,
204204 2nd Called Session, 2023, is approved by the voters.
205205 (b) Section 403.302(d), Government Code, is amended to read
206206 as follows:
207207 (d) For the purposes of this section, "taxable value" means
208208 the market value of all taxable property less:
209209 (1) the total dollar amount of any residence homestead
210210 exemptions lawfully granted under Section 11.13(b) or (c), Tax
211211 Code, in the year that is the subject of the study for each school
212212 district;
213213 (2) one-half of the total dollar amount of any
214214 residence homestead exemptions granted under Section 11.13(n), Tax
215215 Code, in the year that is the subject of the study for each school
216216 district;
217217 (3) the total dollar amount of any exemptions granted
218218 before May 31, 1993, within a reinvestment zone under agreements
219219 authorized by Chapter 312, Tax Code;
220220 (4) subject to Subsection (e), the total dollar amount
221221 of any captured appraised value of property that:
222222 (A) is within a reinvestment zone created on or
223223 before May 31, 1999, or is proposed to be included within the
224224 boundaries of a reinvestment zone as the boundaries of the zone and
225225 the proposed portion of tax increment paid into the tax increment
226226 fund by a school district are described in a written notification
227227 provided by the municipality or the board of directors of the zone
228228 to the governing bodies of the other taxing units in the manner
229229 provided by former Section 311.003(e), Tax Code, before May 31,
230230 1999, and within the boundaries of the zone as those boundaries
231231 existed on September 1, 1999, including subsequent improvements to
232232 the property regardless of when made;
233233 (B) generates taxes paid into a tax increment
234234 fund created under Chapter 311, Tax Code, under a reinvestment zone
235235 financing plan approved under Section 311.011(d), Tax Code, on or
236236 before September 1, 1999; and
237237 (C) is eligible for tax increment financing under
238238 Chapter 311, Tax Code;
239239 (5) the total dollar amount of any captured appraised
240240 value of property that:
241241 (A) is within a reinvestment zone:
242242 (i) created on or before December 31, 2008,
243243 by a municipality with a population of less than 18,000; and
244244 (ii) the project plan for which includes
245245 the alteration, remodeling, repair, or reconstruction of a
246246 structure that is included on the National Register of Historic
247247 Places and requires that a portion of the tax increment of the zone
248248 be used for the improvement or construction of related facilities
249249 or for affordable housing;
250250 (B) generates school district taxes that are paid
251251 into a tax increment fund created under Chapter 311, Tax Code; and
252252 (C) is eligible for tax increment financing under
253253 Chapter 311, Tax Code;
254254 (6) the total dollar amount of any exemptions granted
255255 under Section 11.251 or 11.253, Tax Code;
256256 (7) the difference between the comptroller's estimate
257257 of the market value and the productivity value of land that
258258 qualifies for appraisal on the basis of its productive capacity,
259259 except that the productivity value estimated by the comptroller may
260260 not exceed the fair market value of the land;
261261 (8) the portion of the appraised value of residence
262262 homesteads of individuals who receive a tax limitation under
263263 Section 11.26, Tax Code, on which school district taxes are not
264264 imposed in the year that is the subject of the study, calculated as
265265 if the residence homesteads were appraised at the full value
266266 required by law;
267267 (9) a portion of the market value of property not
268268 otherwise fully taxable by the district at market value because of
269269 action required by statute or the constitution of this state, other
270270 than Section 11.311, Tax Code, that, if the tax rate adopted by the
271271 district is applied to it, produces an amount equal to the
272272 difference between the tax that the district would have imposed on
273273 the property if the property were fully taxable at market value and
274274 the tax that the district is actually authorized to impose on the
275275 property, if this subsection does not otherwise require that
276276 portion to be deducted;
277277 (10) the market value of all tangible personal
278278 property, other than manufactured homes, owned by a family or
279279 individual and not held or used for the production of income;
280280 (11) the appraised value of property the collection of
281281 delinquent taxes on which is deferred under Section 33.06, Tax
282282 Code;
283283 (12) the portion of the appraised value of property
284284 the collection of delinquent taxes on which is deferred under
285285 Section 33.065, Tax Code;
286286 (13) the amount by which the market value of property
287287 to which Section 23.23 or 23.231, Tax Code, applies exceeds the
288288 appraised value of that property as calculated under Section 23.23
289289 or 23.231, Tax Code, as applicable; [and]
290290 (14) the total dollar amount of any exemptions granted
291291 under Section 11.35, Tax Code; and
292292 (15) the amount excluded from the current total value
293293 of the district under Section 26.012(6)(C), Tax Code.
294294 (c) Effective January 1, 2026, Section 403.302(d),
295295 Government Code, is amended to read as follows:
296296 (d) For the purposes of this section, "taxable value" means
297297 the market value of all taxable property less:
298298 (1) the total dollar amount of any residence homestead
299299 exemptions lawfully granted under Section 11.13(b) or (c), Tax
300300 Code, in the year that is the subject of the study for each school
301301 district;
302302 (2) one-half of the total dollar amount of any
303303 residence homestead exemptions granted under Section 11.13(n), Tax
304304 Code, in the year that is the subject of the study for each school
305305 district;
306306 (3) the total dollar amount of any exemptions granted
307307 before May 31, 1993, within a reinvestment zone under agreements
308308 authorized by Chapter 312, Tax Code;
309309 (4) subject to Subsection (e), the total dollar amount
310310 of any captured appraised value of property that:
311311 (A) is within a reinvestment zone created on or
312312 before May 31, 1999, or is proposed to be included within the
313313 boundaries of a reinvestment zone as the boundaries of the zone and
314314 the proposed portion of tax increment paid into the tax increment
315315 fund by a school district are described in a written notification
316316 provided by the municipality or the board of directors of the zone
317317 to the governing bodies of the other taxing units in the manner
318318 provided by former Section 311.003(e), Tax Code, before May 31,
319319 1999, and within the boundaries of the zone as those boundaries
320320 existed on September 1, 1999, including subsequent improvements to
321321 the property regardless of when made;
322322 (B) generates taxes paid into a tax increment
323323 fund created under Chapter 311, Tax Code, under a reinvestment zone
324324 financing plan approved under Section 311.011(d), Tax Code, on or
325325 before September 1, 1999; and
326326 (C) is eligible for tax increment financing under
327327 Chapter 311, Tax Code;
328328 (5) the total dollar amount of any captured appraised
329329 value of property that:
330330 (A) is within a reinvestment zone:
331331 (i) created on or before December 31, 2008,
332332 by a municipality with a population of less than 18,000; and
333333 (ii) the project plan for which includes
334334 the alteration, remodeling, repair, or reconstruction of a
335335 structure that is included on the National Register of Historic
336336 Places and requires that a portion of the tax increment of the zone
337337 be used for the improvement or construction of related facilities
338338 or for affordable housing;
339339 (B) generates school district taxes that are paid
340340 into a tax increment fund created under Chapter 311, Tax Code; and
341341 (C) is eligible for tax increment financing under
342342 Chapter 311, Tax Code;
343343 (6) the total dollar amount of any exemptions granted
344344 under Section 11.251 or 11.253, Tax Code;
345345 (7) the difference between the comptroller's estimate
346346 of the market value and the productivity value of land that
347347 qualifies for appraisal on the basis of its productive capacity,
348348 except that the productivity value estimated by the comptroller may
349349 not exceed the fair market value of the land;
350350 (8) the portion of the appraised value of residence
351351 homesteads of individuals who receive a tax limitation under
352352 Section 11.26, Tax Code, on which school district taxes are not
353353 imposed in the year that is the subject of the study, calculated as
354354 if the residence homesteads were appraised at the full value
355355 required by law;
356356 (9) a portion of the market value of property not
357357 otherwise fully taxable by the district at market value because of
358358 action required by statute or the constitution of this state, other
359359 than Section 11.311, Tax Code, that, if the tax rate adopted by the
360360 district is applied to it, produces an amount equal to the
361361 difference between the tax that the district would have imposed on
362362 the property if the property were fully taxable at market value and
363363 the tax that the district is actually authorized to impose on the
364364 property, if this subsection does not otherwise require that
365365 portion to be deducted;
366366 (10) the market value of all tangible personal
367367 property, other than manufactured homes, owned by a family or
368368 individual and not held or used for the production of income;
369369 (11) the appraised value of property the collection of
370370 delinquent taxes on which is deferred under Section 33.06, Tax
371371 Code;
372372 (12) the portion of the appraised value of property
373373 the collection of delinquent taxes on which is deferred under
374374 Section 33.065, Tax Code;
375375 (13) the amount by which the market value of property
376376 to which Section 23.23 or 23.231, Tax Code, applies exceeds the
377377 appraised value of that property as calculated under Section 23.23
378378 or 23.231, Tax Code, as applicable; and
379379 (14) the total dollar amount of any exemptions granted
380380 under Section 11.35, Tax Code.
381381 (d) Effective January 1, 2027, Section 403.302(d),
382382 Government Code, is amended to read as follows:
383383 (d) For the purposes of this section, "taxable value" means
384384 the market value of all taxable property less:
385385 (1) the total dollar amount of any residence homestead
386386 exemptions lawfully granted under Section 11.13(b) or (c), Tax
387387 Code, in the year that is the subject of the study for each school
388388 district;
389389 (2) one-half of the total dollar amount of any
390390 residence homestead exemptions granted under Section 11.13(n), Tax
391391 Code, in the year that is the subject of the study for each school
392392 district;
393393 (3) the total dollar amount of any exemptions granted
394394 before May 31, 1993, within a reinvestment zone under agreements
395395 authorized by Chapter 312, Tax Code;
396396 (4) subject to Subsection (e), the total dollar amount
397397 of any captured appraised value of property that:
398398 (A) is within a reinvestment zone created on or
399399 before May 31, 1999, or is proposed to be included within the
400400 boundaries of a reinvestment zone as the boundaries of the zone and
401401 the proposed portion of tax increment paid into the tax increment
402402 fund by a school district are described in a written notification
403403 provided by the municipality or the board of directors of the zone
404404 to the governing bodies of the other taxing units in the manner
405405 provided by former Section 311.003(e), Tax Code, before May 31,
406406 1999, and within the boundaries of the zone as those boundaries
407407 existed on September 1, 1999, including subsequent improvements to
408408 the property regardless of when made;
409409 (B) generates taxes paid into a tax increment
410410 fund created under Chapter 311, Tax Code, under a reinvestment zone
411411 financing plan approved under Section 311.011(d), Tax Code, on or
412412 before September 1, 1999; and
413413 (C) is eligible for tax increment financing under
414414 Chapter 311, Tax Code;
415415 (5) the total dollar amount of any captured appraised
416416 value of property that:
417417 (A) is within a reinvestment zone:
418418 (i) created on or before December 31, 2008,
419419 by a municipality with a population of less than 18,000; and
420420 (ii) the project plan for which includes
421421 the alteration, remodeling, repair, or reconstruction of a
422422 structure that is included on the National Register of Historic
423423 Places and requires that a portion of the tax increment of the zone
424424 be used for the improvement or construction of related facilities
425425 or for affordable housing;
426426 (B) generates school district taxes that are paid
427427 into a tax increment fund created under Chapter 311, Tax Code; and
428428 (C) is eligible for tax increment financing under
429429 Chapter 311, Tax Code;
430430 (6) the total dollar amount of any exemptions granted
431431 under Section 11.251 or 11.253, Tax Code;
432432 (7) the difference between the comptroller's estimate
433433 of the market value and the productivity value of land that
434434 qualifies for appraisal on the basis of its productive capacity,
435435 except that the productivity value estimated by the comptroller may
436436 not exceed the fair market value of the land;
437437 (8) the portion of the appraised value of residence
438438 homesteads of individuals who receive a tax limitation under
439439 Section 11.26, Tax Code, on which school district taxes are not
440440 imposed in the year that is the subject of the study, calculated as
441441 if the residence homesteads were appraised at the full value
442442 required by law;
443443 (9) a portion of the market value of property not
444444 otherwise fully taxable by the district at market value because of
445445 action required by statute or the constitution of this state, other
446446 than Section 11.311, Tax Code, that, if the tax rate adopted by the
447447 district is applied to it, produces an amount equal to the
448448 difference between the tax that the district would have imposed on
449449 the property if the property were fully taxable at market value and
450450 the tax that the district is actually authorized to impose on the
451451 property, if this subsection does not otherwise require that
452452 portion to be deducted;
453453 (10) the market value of all tangible personal
454454 property, other than manufactured homes, owned by a family or
455455 individual and not held or used for the production of income;
456456 (11) the appraised value of property the collection of
457457 delinquent taxes on which is deferred under Section 33.06, Tax
458458 Code;
459459 (12) the portion of the appraised value of property
460460 the collection of delinquent taxes on which is deferred under
461461 Section 33.065, Tax Code;
462462 (13) the amount by which the market value of a
463463 residence homestead to which Section 23.23, Tax Code, applies
464464 exceeds the appraised value of that property as calculated under
465465 that section; and
466466 (14) the total dollar amount of any exemptions granted
467467 under Section 11.35, Tax Code.
468468 SECTION 12. (a) This section takes effect only if the
469469 constitutional amendment proposed by H.J.R. 2, 88th Legislature,
470470 2nd Called Session, 2023, is not approved by the voters.
471471 (b) Section 403.302(d), Government Code, is amended to read
472472 as follows:
473473 (d) For the purposes of this section, "taxable value" means
474474 the market value of all taxable property less:
475475 (1) the total dollar amount of any residence homestead
476476 exemptions lawfully granted under Section 11.13(b) or (c), Tax
477477 Code, in the year that is the subject of the study for each school
478478 district;
479479 (2) one-half of the total dollar amount of any
480480 residence homestead exemptions granted under Section 11.13(n), Tax
481481 Code, in the year that is the subject of the study for each school
482482 district;
483483 (3) the total dollar amount of any exemptions granted
484484 before May 31, 1993, within a reinvestment zone under agreements
485485 authorized by Chapter 312, Tax Code;
486486 (4) subject to Subsection (e), the total dollar amount
487487 of any captured appraised value of property that:
488488 (A) is within a reinvestment zone created on or
489489 before May 31, 1999, or is proposed to be included within the
490490 boundaries of a reinvestment zone as the boundaries of the zone and
491491 the proposed portion of tax increment paid into the tax increment
492492 fund by a school district are described in a written notification
493493 provided by the municipality or the board of directors of the zone
494494 to the governing bodies of the other taxing units in the manner
495495 provided by former Section 311.003(e), Tax Code, before May 31,
496496 1999, and within the boundaries of the zone as those boundaries
497497 existed on September 1, 1999, including subsequent improvements to
498498 the property regardless of when made;
499499 (B) generates taxes paid into a tax increment
500500 fund created under Chapter 311, Tax Code, under a reinvestment zone
501501 financing plan approved under Section 311.011(d), Tax Code, on or
502502 before September 1, 1999; and
503503 (C) is eligible for tax increment financing under
504504 Chapter 311, Tax Code;
505505 (5) the total dollar amount of any captured appraised
506506 value of property that:
507507 (A) is within a reinvestment zone:
508508 (i) created on or before December 31, 2008,
509509 by a municipality with a population of less than 18,000; and
510510 (ii) the project plan for which includes
511511 the alteration, remodeling, repair, or reconstruction of a
512512 structure that is included on the National Register of Historic
513513 Places and requires that a portion of the tax increment of the zone
514514 be used for the improvement or construction of related facilities
515515 or for affordable housing;
516516 (B) generates school district taxes that are paid
517517 into a tax increment fund created under Chapter 311, Tax Code; and
518518 (C) is eligible for tax increment financing under
519519 Chapter 311, Tax Code;
520520 (6) the total dollar amount of any exemptions granted
521521 under Section 11.251 or 11.253, Tax Code;
522522 (7) the difference between the comptroller's estimate
523523 of the market value and the productivity value of land that
524524 qualifies for appraisal on the basis of its productive capacity,
525525 except that the productivity value estimated by the comptroller may
526526 not exceed the fair market value of the land;
527527 (8) the portion of the appraised value of residence
528528 homesteads of individuals who receive a tax limitation under
529529 Section 11.26, Tax Code, on which school district taxes are not
530530 imposed in the year that is the subject of the study, calculated as
531531 if the residence homesteads were appraised at the full value
532532 required by law;
533533 (9) a portion of the market value of property not
534534 otherwise fully taxable by the district at market value because of
535535 action required by statute or the constitution of this state, other
536536 than Section 11.311, Tax Code, that, if the tax rate adopted by the
537537 district is applied to it, produces an amount equal to the
538538 difference between the tax that the district would have imposed on
539539 the property if the property were fully taxable at market value and
540540 the tax that the district is actually authorized to impose on the
541541 property, if this subsection does not otherwise require that
542542 portion to be deducted;
543543 (10) the market value of all tangible personal
544544 property, other than manufactured homes, owned by a family or
545545 individual and not held or used for the production of income;
546546 (11) the appraised value of property the collection of
547547 delinquent taxes on which is deferred under Section 33.06, Tax
548548 Code;
549549 (12) the portion of the appraised value of property
550550 the collection of delinquent taxes on which is deferred under
551551 Section 33.065, Tax Code;
552552 (13) the amount by which the market value of a
553553 residence homestead to which Section 23.23, Tax Code, applies
554554 exceeds the appraised value of that property as calculated under
555555 that section; [and]
556556 (14) the total dollar amount of any exemptions granted
557557 under Section 11.35, Tax Code; and
558558 (15) the amount excluded from the current total value
559559 of the district under Section 26.012(6)(C), Tax Code.
560560 (c) Effective January 1, 2026, Section 403.302(d),
561561 Government Code, is amended to read as follows:
562562 (d) For the purposes of this section, "taxable value" means
563563 the market value of all taxable property less:
564564 (1) the total dollar amount of any residence homestead
565565 exemptions lawfully granted under Section 11.13(b) or (c), Tax
566566 Code, in the year that is the subject of the study for each school
567567 district;
568568 (2) one-half of the total dollar amount of any
569569 residence homestead exemptions granted under Section 11.13(n), Tax
570570 Code, in the year that is the subject of the study for each school
571571 district;
572572 (3) the total dollar amount of any exemptions granted
573573 before May 31, 1993, within a reinvestment zone under agreements
574574 authorized by Chapter 312, Tax Code;
575575 (4) subject to Subsection (e), the total dollar amount
576576 of any captured appraised value of property that:
577577 (A) is within a reinvestment zone created on or
578578 before May 31, 1999, or is proposed to be included within the
579579 boundaries of a reinvestment zone as the boundaries of the zone and
580580 the proposed portion of tax increment paid into the tax increment
581581 fund by a school district are described in a written notification
582582 provided by the municipality or the board of directors of the zone
583583 to the governing bodies of the other taxing units in the manner
584584 provided by former Section 311.003(e), Tax Code, before May 31,
585585 1999, and within the boundaries of the zone as those boundaries
586586 existed on September 1, 1999, including subsequent improvements to
587587 the property regardless of when made;
588588 (B) generates taxes paid into a tax increment
589589 fund created under Chapter 311, Tax Code, under a reinvestment zone
590590 financing plan approved under Section 311.011(d), Tax Code, on or
591591 before September 1, 1999; and
592592 (C) is eligible for tax increment financing under
593593 Chapter 311, Tax Code;
594594 (5) the total dollar amount of any captured appraised
595595 value of property that:
596596 (A) is within a reinvestment zone:
597597 (i) created on or before December 31, 2008,
598598 by a municipality with a population of less than 18,000; and
599599 (ii) the project plan for which includes
600600 the alteration, remodeling, repair, or reconstruction of a
601601 structure that is included on the National Register of Historic
602602 Places and requires that a portion of the tax increment of the zone
603603 be used for the improvement or construction of related facilities
604604 or for affordable housing;
605605 (B) generates school district taxes that are paid
606606 into a tax increment fund created under Chapter 311, Tax Code; and
607607 (C) is eligible for tax increment financing under
608608 Chapter 311, Tax Code;
609609 (6) the total dollar amount of any exemptions granted
610610 under Section 11.251 or 11.253, Tax Code;
611611 (7) the difference between the comptroller's estimate
612612 of the market value and the productivity value of land that
613613 qualifies for appraisal on the basis of its productive capacity,
614614 except that the productivity value estimated by the comptroller may
615615 not exceed the fair market value of the land;
616616 (8) the portion of the appraised value of residence
617617 homesteads of individuals who receive a tax limitation under
618618 Section 11.26, Tax Code, on which school district taxes are not
619619 imposed in the year that is the subject of the study, calculated as
620620 if the residence homesteads were appraised at the full value
621621 required by law;
622622 (9) a portion of the market value of property not
623623 otherwise fully taxable by the district at market value because of
624624 action required by statute or the constitution of this state, other
625625 than Section 11.311, Tax Code, that, if the tax rate adopted by the
626626 district is applied to it, produces an amount equal to the
627627 difference between the tax that the district would have imposed on
628628 the property if the property were fully taxable at market value and
629629 the tax that the district is actually authorized to impose on the
630630 property, if this subsection does not otherwise require that
631631 portion to be deducted;
632632 (10) the market value of all tangible personal
633633 property, other than manufactured homes, owned by a family or
634634 individual and not held or used for the production of income;
635635 (11) the appraised value of property the collection of
636636 delinquent taxes on which is deferred under Section 33.06, Tax
637637 Code;
638638 (12) the portion of the appraised value of property
639639 the collection of delinquent taxes on which is deferred under
640640 Section 33.065, Tax Code;
641641 (13) the amount by which the market value of a
642642 residence homestead to which Section 23.23, Tax Code, applies
643643 exceeds the appraised value of that property as calculated under
644644 that section; and
645645 (14) the total dollar amount of any exemptions granted
646646 under Section 11.35, Tax Code.
647647 SECTION 13. The changes in law made by this Act apply only
648648 to an ad valorem tax year that begins on or after the effective date
649649 of this Act.
650650 SECTION 14. Except as otherwise provided by this Act, this
651651 Act takes effect January 1, 2024.