1 | 1 | | 88S30057 TJB-F |
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2 | 2 | | By: Hinojosa S.B. No. 42 |
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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 the calculation of certain ad valorem tax rates of a |
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8 | 8 | | taxing unit for a year in which a property owner provides notice |
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9 | 9 | | that the owner intends to appeal an order of an appraisal review |
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10 | 10 | | board determining a protest by the owner regarding the appraisal of |
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11 | 11 | | the owner's property. |
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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. (a) Section 26.012, Tax Code, is amended by |
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14 | 14 | | adding Subdivisions (1-a), (1-b), (1-c), (2-a), and (20) to read as |
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15 | 15 | | follows: |
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16 | 16 | | (1-a) "Affected taxing unit" means a taxing unit: |
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17 | 17 | | (A) that is wholly or partly located in a county |
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18 | 18 | | that: |
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19 | 19 | | (i) has a population of less than 500,000; |
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20 | 20 | | and |
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21 | 21 | | (ii) is located on the Gulf of Mexico; and |
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22 | 22 | | (B) in which one or more parcels of property are |
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23 | 23 | | located that are included as part of anticipated substantial |
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24 | 24 | | litigation. |
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25 | 25 | | (1-b) "Anticipated substantial litigation" means one |
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26 | 26 | | or more appeals filed or intended to be filed under Chapter 42 for a |
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27 | 27 | | tax year by a single property owner or by one or more associated |
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28 | 28 | | business entities of a single property owner of one or more orders |
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29 | 29 | | of an appraisal review board determining one or more protests by the |
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30 | 30 | | owner or entities of the taxable value of one or more parcels of |
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31 | 31 | | property located in an affected taxing unit that have an aggregate |
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32 | 32 | | contested taxable value of more than $1 billion. |
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33 | 33 | | (1-c) "Associated business entity" means a subsidiary |
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34 | 34 | | or other associated business entity of a property owner. |
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35 | 35 | | (2-a) "Contested taxable value" means the portion of |
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36 | 36 | | the taxable value of property that is in dispute. |
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37 | 37 | | (20) "Uncontested taxable value" means the portion of |
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38 | 38 | | the taxable value of property that is not in dispute. |
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39 | 39 | | (b) Sections 26.012(1-a), (1-b), (1-c), (2-a), and (20), |
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40 | 40 | | Tax Code, as added by this Act, expire December 31, 2025. |
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41 | 41 | | SECTION 2. Section 26.012(6), Tax Code, as effective |
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42 | 42 | | January 1, 2024, is amended to read as follows: |
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43 | 43 | | (6) "Current total value" means the total taxable |
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44 | 44 | | value of property listed on the appraisal roll for the current year, |
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45 | 45 | | including all appraisal roll supplements and corrections as of the |
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46 | 46 | | date of the calculation, less the taxable value of property |
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47 | 47 | | exempted for the current tax year for the first time under Section |
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48 | 48 | | 11.31 or 11.315, except that: |
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49 | 49 | | (A) the current total value for a school district |
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50 | 50 | | excludes: |
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51 | 51 | | (i) the total value of homesteads that |
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52 | 52 | | qualify for a tax limitation as provided by Section 11.26; |
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53 | 53 | | (ii) new property value of property that is |
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54 | 54 | | subject to an agreement entered into under former Subchapter B or C, |
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55 | 55 | | Chapter 313; and |
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56 | 56 | | (iii) new property value of property that |
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57 | 57 | | is subject to an agreement entered into under Subchapter T, Chapter |
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58 | 58 | | 403, Government Code; [and] |
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59 | 59 | | (B) the current total value for a county, |
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60 | 60 | | municipality, or junior college district excludes the total value |
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61 | 61 | | of homesteads that qualify for a tax limitation provided by Section |
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62 | 62 | | 11.261; and |
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63 | 63 | | (C) the current total value of an affected taxing |
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64 | 64 | | unit excludes the portion of the aggregate taxable value of all of |
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65 | 65 | | the property located in the taxing unit that is included as part of |
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66 | 66 | | anticipated substantial litigation that consists of contested |
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67 | 67 | | taxable value. |
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68 | 68 | | SECTION 3. Effective January 1, 2026, Section 26.012(6), |
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69 | 69 | | Tax Code, as effective January 1, 2024, is amended to read as |
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70 | 70 | | follows: |
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71 | 71 | | (6) "Current total value" means the total taxable |
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72 | 72 | | value of property listed on the appraisal roll for the current year, |
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73 | 73 | | including all appraisal roll supplements and corrections as of the |
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74 | 74 | | date of the calculation, less the taxable value of property |
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75 | 75 | | exempted for the current tax year for the first time under Section |
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76 | 76 | | 11.31 or 11.315, except that: |
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77 | 77 | | (A) the current total value for a school district |
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78 | 78 | | excludes: |
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79 | 79 | | (i) the total value of homesteads that |
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80 | 80 | | qualify for a tax limitation as provided by Section 11.26; |
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81 | 81 | | (ii) new property value of property that is |
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82 | 82 | | subject to an agreement entered into under former Subchapter B or C, |
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83 | 83 | | Chapter 313; and |
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84 | 84 | | (iii) new property value of property that |
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85 | 85 | | is subject to an agreement entered into under Subchapter T, Chapter |
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86 | 86 | | 403, Government Code; and |
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87 | 87 | | (B) the current total value for a county, |
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88 | 88 | | municipality, or junior college district excludes the total value |
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89 | 89 | | of homesteads that qualify for a tax limitation provided by Section |
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90 | 90 | | 11.261. |
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91 | 91 | | SECTION 4. Section 26.04(d-3), Tax Code, is amended to read |
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92 | 92 | | as follows: |
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93 | 93 | | (d-3) As soon as practicable after the designated officer or |
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94 | 94 | | employee calculates the no-new-revenue tax rate and the |
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95 | 95 | | voter-approval tax rate of the taxing unit, the designated officer |
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96 | 96 | | or employee shall submit the tax rate calculation forms used in |
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97 | 97 | | calculating the rates to the county assessor-collector for each |
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98 | 98 | | county in which all or part of the territory of the taxing unit is |
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99 | 99 | | located. If an amount described by Section 26.012(6)(C) is excluded |
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100 | 100 | | from the current total value of an affected taxing unit for a tax |
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101 | 101 | | year, the designated officer or employee for the taxing unit shall |
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102 | 102 | | include as an addendum to the tax rate calculation forms for that |
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103 | 103 | | tax year documentation that supports the exclusion. |
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104 | 104 | | SECTION 5. Effective January 1, 2026, Section 26.04(d-3), |
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105 | 105 | | Tax Code, is amended to read as follows: |
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106 | 106 | | (d-3) As soon as practicable after the designated officer or |
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107 | 107 | | employee calculates the no-new-revenue tax rate and the |
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108 | 108 | | voter-approval tax rate of the taxing unit, the designated officer |
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109 | 109 | | or employee shall submit the tax rate calculation forms used in |
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110 | 110 | | calculating the rates to the county assessor-collector for each |
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111 | 111 | | county in which all or part of the territory of the taxing unit is |
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112 | 112 | | located. |
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113 | 113 | | SECTION 6. Section 26.16(d-1), Tax Code, is amended to read |
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114 | 114 | | as follows: |
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115 | 115 | | (d-1) In addition to posting the information described by |
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116 | 116 | | Subsection (a), the county assessor-collector shall post on the |
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117 | 117 | | Internet website of the county for each taxing unit all or part of |
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118 | 118 | | the territory of which is located in the county: |
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119 | 119 | | (1) the tax rate calculation forms used by the |
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120 | 120 | | designated officer or employee of each taxing unit to calculate the |
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121 | 121 | | no-new-revenue and voter-approval tax rates of the taxing unit for |
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122 | 122 | | the most recent five tax years beginning with the 2020 tax year, as |
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123 | 123 | | certified by the designated officer or employee under Section |
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124 | 124 | | 26.04(d-2), along with the addendum to those forms required by |
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125 | 125 | | Section 26.04(d-3), if applicable; and |
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126 | 126 | | (2) the name and official contact information for each |
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127 | 127 | | member of the governing body of the taxing unit. |
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128 | 128 | | SECTION 7. Effective January 1, 2026, Section 26.16(d-1), |
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129 | 129 | | Tax Code, is amended to read as follows: |
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130 | 130 | | (d-1) In addition to posting the information described by |
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131 | 131 | | Subsection (a), the county assessor-collector shall post on the |
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132 | 132 | | Internet website of the county for each taxing unit all or part of |
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133 | 133 | | the territory of which is located in the county: |
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134 | 134 | | (1) the tax rate calculation forms used by the |
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135 | 135 | | designated officer or employee of each taxing unit to calculate the |
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136 | 136 | | no-new-revenue and voter-approval tax rates of the taxing unit for |
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137 | 137 | | the most recent five tax years beginning with the 2020 tax year, as |
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138 | 138 | | certified by the designated officer or employee under Section |
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139 | 139 | | 26.04(d-2); and |
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140 | 140 | | (2) the name and official contact information for each |
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141 | 141 | | member of the governing body of the taxing unit. |
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142 | 142 | | SECTION 8. Sections 26.17(e) and (f), Tax Code, are amended |
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143 | 143 | | to read as follows: |
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144 | 144 | | (e) The officer or employee designated by the governing body |
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145 | 145 | | of each taxing unit in which the property is located to calculate |
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146 | 146 | | the no-new-revenue tax rate and the voter-approval tax rate for the |
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147 | 147 | | taxing unit must electronically incorporate into the database: |
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148 | 148 | | (1) the information described by Subsections (b)(5), |
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149 | 149 | | (6), (7), (12), and (13), as applicable, as the information becomes |
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150 | 150 | | available; and |
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151 | 151 | | (2) the tax rate calculation forms prepared under |
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152 | 152 | | Section 26.04(d-1), along with the addendum to those forms required |
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153 | 153 | | by Section 26.04(d-3), if applicable, at the same time the |
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154 | 154 | | designated officer or employee submits the tax rates to the |
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155 | 155 | | governing body of the taxing unit under Section 26.04(e). |
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156 | 156 | | (f) The chief appraiser shall make the information |
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157 | 157 | | described by Subsection (e)(1) and the tax rate calculation forms, |
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158 | 158 | | along with the addendum to those forms required by Section |
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159 | 159 | | 26.04(d-3), if applicable, described by Subsection (e)(2) |
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160 | 160 | | available to the public not later than the third business day after |
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161 | 161 | | the date the information and forms are incorporated into the |
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162 | 162 | | database. |
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163 | 163 | | SECTION 9. Effective January 1, 2026, Sections 26.17(e) and |
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164 | 164 | | (f), Tax Code, are amended to read as follows: |
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165 | 165 | | (e) The officer or employee designated by the governing body |
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166 | 166 | | of each taxing unit in which the property is located to calculate |
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167 | 167 | | the no-new-revenue tax rate and the voter-approval tax rate for the |
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168 | 168 | | taxing unit must electronically incorporate into the database: |
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169 | 169 | | (1) the information described by Subsections (b)(5), |
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170 | 170 | | (6), (7), (12), and (13), as applicable, as the information becomes |
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171 | 171 | | available; and |
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172 | 172 | | (2) the tax rate calculation forms prepared under |
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173 | 173 | | Section 26.04(d-1) at the same time the designated officer or |
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174 | 174 | | employee submits the tax rates to the governing body of the taxing |
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175 | 175 | | unit under Section 26.04(e). |
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176 | 176 | | (f) The chief appraiser shall make the information |
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177 | 177 | | described by Subsection (e)(1) and the tax rate calculation forms |
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178 | 178 | | described by Subsection (e)(2) available to the public not later |
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179 | 179 | | than the third business day after the date the information and forms |
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180 | 180 | | are incorporated into the database. |
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181 | 181 | | SECTION 10. Subchapter C, Chapter 41, Tax Code, is amended |
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182 | 182 | | by adding Section 41.48 to read as follows: |
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183 | 183 | | Sec. 41.48. NOTICE OF CERTAIN APPEALS. (a) In this section, |
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184 | 184 | | "affected taxing unit," "anticipated substantial litigation," |
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185 | 185 | | "associated business entity," and "uncontested taxable value" have |
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186 | 186 | | the meanings assigned by Section 26.012. |
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187 | 187 | | (b) A property owner or associated business entity of the |
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188 | 188 | | owner that intends to file an appeal under Chapter 42 that is part |
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189 | 189 | | of anticipated substantial litigation shall submit to the collector |
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190 | 190 | | for each affected taxing unit in which the property included in the |
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191 | 191 | | litigation is located the total amount of uncontested taxable value |
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192 | 192 | | of all property located in the taxing unit that may be the subject |
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193 | 193 | | of an appeal by the property owner or entity and that is part of the |
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194 | 194 | | litigation. |
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195 | 195 | | (c) A property owner or associated business entity of the |
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196 | 196 | | property owner must submit the information required to be submitted |
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197 | 197 | | under this section not later than the earlier of August 7 or the |
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198 | 198 | | 21st day after the date the first hearing regarding a protest of the |
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199 | 199 | | value of any property included in the anticipated substantial |
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200 | 200 | | litigation is conducted under this chapter. |
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201 | 201 | | (d) This section expires December 31, 2025. |
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202 | 202 | | SECTION 11. (a) This section takes effect only if the |
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203 | 203 | | constitutional amendment proposed by H.J.R. 2, 88th Legislature, |
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204 | 204 | | 2nd Called Session, 2023, is approved by the voters. |
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205 | 205 | | (b) Section 403.302(d), Government Code, is amended to read |
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206 | 206 | | as follows: |
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207 | 207 | | (d) For the purposes of this section, "taxable value" means |
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208 | 208 | | the market value of all taxable property less: |
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209 | 209 | | (1) the total dollar amount of any residence homestead |
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210 | 210 | | exemptions lawfully granted under Section 11.13(b) or (c), Tax |
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211 | 211 | | Code, in the year that is the subject of the study for each school |
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212 | 212 | | district; |
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213 | 213 | | (2) one-half of the total dollar amount of any |
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214 | 214 | | residence homestead exemptions granted under Section 11.13(n), Tax |
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215 | 215 | | Code, in the year that is the subject of the study for each school |
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216 | 216 | | district; |
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217 | 217 | | (3) the total dollar amount of any exemptions granted |
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218 | 218 | | before May 31, 1993, within a reinvestment zone under agreements |
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219 | 219 | | authorized by Chapter 312, Tax Code; |
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220 | 220 | | (4) subject to Subsection (e), the total dollar amount |
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221 | 221 | | of any captured appraised value of property that: |
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222 | 222 | | (A) is within a reinvestment zone created on or |
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223 | 223 | | before May 31, 1999, or is proposed to be included within the |
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224 | 224 | | boundaries of a reinvestment zone as the boundaries of the zone and |
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225 | 225 | | the proposed portion of tax increment paid into the tax increment |
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226 | 226 | | fund by a school district are described in a written notification |
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227 | 227 | | provided by the municipality or the board of directors of the zone |
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228 | 228 | | to the governing bodies of the other taxing units in the manner |
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229 | 229 | | provided by former Section 311.003(e), Tax Code, before May 31, |
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230 | 230 | | 1999, and within the boundaries of the zone as those boundaries |
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231 | 231 | | existed on September 1, 1999, including subsequent improvements to |
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232 | 232 | | the property regardless of when made; |
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233 | 233 | | (B) generates taxes paid into a tax increment |
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234 | 234 | | fund created under Chapter 311, Tax Code, under a reinvestment zone |
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235 | 235 | | financing plan approved under Section 311.011(d), Tax Code, on or |
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236 | 236 | | before September 1, 1999; and |
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237 | 237 | | (C) is eligible for tax increment financing under |
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238 | 238 | | Chapter 311, Tax Code; |
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239 | 239 | | (5) the total dollar amount of any captured appraised |
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240 | 240 | | value of property that: |
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241 | 241 | | (A) is within a reinvestment zone: |
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242 | 242 | | (i) created on or before December 31, 2008, |
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243 | 243 | | by a municipality with a population of less than 18,000; and |
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244 | 244 | | (ii) the project plan for which includes |
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245 | 245 | | the alteration, remodeling, repair, or reconstruction of a |
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246 | 246 | | structure that is included on the National Register of Historic |
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247 | 247 | | Places and requires that a portion of the tax increment of the zone |
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248 | 248 | | be used for the improvement or construction of related facilities |
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249 | 249 | | or for affordable housing; |
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250 | 250 | | (B) generates school district taxes that are paid |
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251 | 251 | | into a tax increment fund created under Chapter 311, Tax Code; and |
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252 | 252 | | (C) is eligible for tax increment financing under |
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253 | 253 | | Chapter 311, Tax Code; |
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254 | 254 | | (6) the total dollar amount of any exemptions granted |
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255 | 255 | | under Section 11.251 or 11.253, Tax Code; |
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256 | 256 | | (7) the difference between the comptroller's estimate |
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257 | 257 | | of the market value and the productivity value of land that |
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258 | 258 | | qualifies for appraisal on the basis of its productive capacity, |
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259 | 259 | | except that the productivity value estimated by the comptroller may |
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260 | 260 | | not exceed the fair market value of the land; |
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261 | 261 | | (8) the portion of the appraised value of residence |
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262 | 262 | | homesteads of individuals who receive a tax limitation under |
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263 | 263 | | Section 11.26, Tax Code, on which school district taxes are not |
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264 | 264 | | imposed in the year that is the subject of the study, calculated as |
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265 | 265 | | if the residence homesteads were appraised at the full value |
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266 | 266 | | required by law; |
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267 | 267 | | (9) a portion of the market value of property not |
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268 | 268 | | otherwise fully taxable by the district at market value because of |
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269 | 269 | | action required by statute or the constitution of this state, other |
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270 | 270 | | than Section 11.311, Tax Code, that, if the tax rate adopted by the |
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271 | 271 | | district is applied to it, produces an amount equal to the |
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272 | 272 | | difference between the tax that the district would have imposed on |
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273 | 273 | | the property if the property were fully taxable at market value and |
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274 | 274 | | the tax that the district is actually authorized to impose on the |
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275 | 275 | | property, if this subsection does not otherwise require that |
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276 | 276 | | portion to be deducted; |
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277 | 277 | | (10) the market value of all tangible personal |
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278 | 278 | | property, other than manufactured homes, owned by a family or |
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279 | 279 | | individual and not held or used for the production of income; |
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280 | 280 | | (11) the appraised value of property the collection of |
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281 | 281 | | delinquent taxes on which is deferred under Section 33.06, Tax |
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282 | 282 | | Code; |
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283 | 283 | | (12) the portion of the appraised value of property |
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284 | 284 | | the collection of delinquent taxes on which is deferred under |
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285 | 285 | | Section 33.065, Tax Code; |
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286 | 286 | | (13) the amount by which the market value of property |
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287 | 287 | | to which Section 23.23 or 23.231, Tax Code, applies exceeds the |
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288 | 288 | | appraised value of that property as calculated under Section 23.23 |
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289 | 289 | | or 23.231, Tax Code, as applicable; [and] |
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290 | 290 | | (14) the total dollar amount of any exemptions granted |
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291 | 291 | | under Section 11.35, Tax Code; and |
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292 | 292 | | (15) the amount excluded from the current total value |
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293 | 293 | | of the district under Section 26.012(6)(C), Tax Code. |
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294 | 294 | | (c) Effective January 1, 2026, Section 403.302(d), |
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295 | 295 | | Government Code, is amended to read as follows: |
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296 | 296 | | (d) For the purposes of this section, "taxable value" means |
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297 | 297 | | the market value of all taxable property less: |
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298 | 298 | | (1) the total dollar amount of any residence homestead |
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299 | 299 | | exemptions lawfully granted under Section 11.13(b) or (c), Tax |
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300 | 300 | | Code, in the year that is the subject of the study for each school |
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301 | 301 | | district; |
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302 | 302 | | (2) one-half of the total dollar amount of any |
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303 | 303 | | residence homestead exemptions granted under Section 11.13(n), Tax |
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304 | 304 | | Code, in the year that is the subject of the study for each school |
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305 | 305 | | district; |
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306 | 306 | | (3) the total dollar amount of any exemptions granted |
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307 | 307 | | before May 31, 1993, within a reinvestment zone under agreements |
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308 | 308 | | authorized by Chapter 312, Tax Code; |
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309 | 309 | | (4) subject to Subsection (e), the total dollar amount |
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310 | 310 | | of any captured appraised value of property that: |
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311 | 311 | | (A) is within a reinvestment zone created on or |
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312 | 312 | | before May 31, 1999, or is proposed to be included within the |
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313 | 313 | | boundaries of a reinvestment zone as the boundaries of the zone and |
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314 | 314 | | the proposed portion of tax increment paid into the tax increment |
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315 | 315 | | fund by a school district are described in a written notification |
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316 | 316 | | provided by the municipality or the board of directors of the zone |
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317 | 317 | | to the governing bodies of the other taxing units in the manner |
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318 | 318 | | provided by former Section 311.003(e), Tax Code, before May 31, |
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319 | 319 | | 1999, and within the boundaries of the zone as those boundaries |
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320 | 320 | | existed on September 1, 1999, including subsequent improvements to |
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321 | 321 | | the property regardless of when made; |
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322 | 322 | | (B) generates taxes paid into a tax increment |
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323 | 323 | | fund created under Chapter 311, Tax Code, under a reinvestment zone |
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324 | 324 | | financing plan approved under Section 311.011(d), Tax Code, on or |
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325 | 325 | | before September 1, 1999; and |
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326 | 326 | | (C) is eligible for tax increment financing under |
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327 | 327 | | Chapter 311, Tax Code; |
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328 | 328 | | (5) the total dollar amount of any captured appraised |
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329 | 329 | | value of property that: |
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330 | 330 | | (A) is within a reinvestment zone: |
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331 | 331 | | (i) created on or before December 31, 2008, |
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332 | 332 | | by a municipality with a population of less than 18,000; and |
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333 | 333 | | (ii) the project plan for which includes |
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334 | 334 | | the alteration, remodeling, repair, or reconstruction of a |
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335 | 335 | | structure that is included on the National Register of Historic |
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336 | 336 | | Places and requires that a portion of the tax increment of the zone |
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337 | 337 | | be used for the improvement or construction of related facilities |
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338 | 338 | | or for affordable housing; |
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339 | 339 | | (B) generates school district taxes that are paid |
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340 | 340 | | into a tax increment fund created under Chapter 311, Tax Code; and |
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341 | 341 | | (C) is eligible for tax increment financing under |
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342 | 342 | | Chapter 311, Tax Code; |
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343 | 343 | | (6) the total dollar amount of any exemptions granted |
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344 | 344 | | under Section 11.251 or 11.253, Tax Code; |
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345 | 345 | | (7) the difference between the comptroller's estimate |
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346 | 346 | | of the market value and the productivity value of land that |
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347 | 347 | | qualifies for appraisal on the basis of its productive capacity, |
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348 | 348 | | except that the productivity value estimated by the comptroller may |
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349 | 349 | | not exceed the fair market value of the land; |
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350 | 350 | | (8) the portion of the appraised value of residence |
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351 | 351 | | homesteads of individuals who receive a tax limitation under |
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352 | 352 | | Section 11.26, Tax Code, on which school district taxes are not |
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353 | 353 | | imposed in the year that is the subject of the study, calculated as |
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354 | 354 | | if the residence homesteads were appraised at the full value |
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355 | 355 | | required by law; |
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356 | 356 | | (9) a portion of the market value of property not |
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357 | 357 | | otherwise fully taxable by the district at market value because of |
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358 | 358 | | action required by statute or the constitution of this state, other |
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359 | 359 | | than Section 11.311, Tax Code, that, if the tax rate adopted by the |
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360 | 360 | | district is applied to it, produces an amount equal to the |
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361 | 361 | | difference between the tax that the district would have imposed on |
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362 | 362 | | the property if the property were fully taxable at market value and |
---|
363 | 363 | | the tax that the district is actually authorized to impose on the |
---|
364 | 364 | | property, if this subsection does not otherwise require that |
---|
365 | 365 | | portion to be deducted; |
---|
366 | 366 | | (10) the market value of all tangible personal |
---|
367 | 367 | | property, other than manufactured homes, owned by a family or |
---|
368 | 368 | | individual and not held or used for the production of income; |
---|
369 | 369 | | (11) the appraised value of property the collection of |
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370 | 370 | | delinquent taxes on which is deferred under Section 33.06, Tax |
---|
371 | 371 | | Code; |
---|
372 | 372 | | (12) the portion of the appraised value of property |
---|
373 | 373 | | the collection of delinquent taxes on which is deferred under |
---|
374 | 374 | | Section 33.065, Tax Code; |
---|
375 | 375 | | (13) the amount by which the market value of property |
---|
376 | 376 | | to which Section 23.23 or 23.231, Tax Code, applies exceeds the |
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377 | 377 | | appraised value of that property as calculated under Section 23.23 |
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378 | 378 | | or 23.231, Tax Code, as applicable; and |
---|
379 | 379 | | (14) the total dollar amount of any exemptions granted |
---|
380 | 380 | | under Section 11.35, Tax Code. |
---|
381 | 381 | | (d) Effective January 1, 2027, Section 403.302(d), |
---|
382 | 382 | | Government Code, is amended to read as follows: |
---|
383 | 383 | | (d) For the purposes of this section, "taxable value" means |
---|
384 | 384 | | the market value of all taxable property less: |
---|
385 | 385 | | (1) the total dollar amount of any residence homestead |
---|
386 | 386 | | exemptions lawfully granted under Section 11.13(b) or (c), Tax |
---|
387 | 387 | | Code, in the year that is the subject of the study for each school |
---|
388 | 388 | | district; |
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389 | 389 | | (2) one-half of the total dollar amount of any |
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390 | 390 | | residence homestead exemptions granted under Section 11.13(n), Tax |
---|
391 | 391 | | Code, in the year that is the subject of the study for each school |
---|
392 | 392 | | district; |
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393 | 393 | | (3) the total dollar amount of any exemptions granted |
---|
394 | 394 | | before May 31, 1993, within a reinvestment zone under agreements |
---|
395 | 395 | | authorized by Chapter 312, Tax Code; |
---|
396 | 396 | | (4) subject to Subsection (e), the total dollar amount |
---|
397 | 397 | | of any captured appraised value of property that: |
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398 | 398 | | (A) is within a reinvestment zone created on or |
---|
399 | 399 | | before May 31, 1999, or is proposed to be included within the |
---|
400 | 400 | | boundaries of a reinvestment zone as the boundaries of the zone and |
---|
401 | 401 | | the proposed portion of tax increment paid into the tax increment |
---|
402 | 402 | | fund by a school district are described in a written notification |
---|
403 | 403 | | provided by the municipality or the board of directors of the zone |
---|
404 | 404 | | to the governing bodies of the other taxing units in the manner |
---|
405 | 405 | | provided by former Section 311.003(e), Tax Code, before May 31, |
---|
406 | 406 | | 1999, and within the boundaries of the zone as those boundaries |
---|
407 | 407 | | existed on September 1, 1999, including subsequent improvements to |
---|
408 | 408 | | the property regardless of when made; |
---|
409 | 409 | | (B) generates taxes paid into a tax increment |
---|
410 | 410 | | fund created under Chapter 311, Tax Code, under a reinvestment zone |
---|
411 | 411 | | financing plan approved under Section 311.011(d), Tax Code, on or |
---|
412 | 412 | | before September 1, 1999; and |
---|
413 | 413 | | (C) is eligible for tax increment financing under |
---|
414 | 414 | | Chapter 311, Tax Code; |
---|
415 | 415 | | (5) the total dollar amount of any captured appraised |
---|
416 | 416 | | value of property that: |
---|
417 | 417 | | (A) is within a reinvestment zone: |
---|
418 | 418 | | (i) created on or before December 31, 2008, |
---|
419 | 419 | | by a municipality with a population of less than 18,000; and |
---|
420 | 420 | | (ii) the project plan for which includes |
---|
421 | 421 | | the alteration, remodeling, repair, or reconstruction of a |
---|
422 | 422 | | structure that is included on the National Register of Historic |
---|
423 | 423 | | Places and requires that a portion of the tax increment of the zone |
---|
424 | 424 | | be used for the improvement or construction of related facilities |
---|
425 | 425 | | or for affordable housing; |
---|
426 | 426 | | (B) generates school district taxes that are paid |
---|
427 | 427 | | into a tax increment fund created under Chapter 311, Tax Code; and |
---|
428 | 428 | | (C) is eligible for tax increment financing under |
---|
429 | 429 | | Chapter 311, Tax Code; |
---|
430 | 430 | | (6) the total dollar amount of any exemptions granted |
---|
431 | 431 | | under Section 11.251 or 11.253, Tax Code; |
---|
432 | 432 | | (7) the difference between the comptroller's estimate |
---|
433 | 433 | | of the market value and the productivity value of land that |
---|
434 | 434 | | qualifies for appraisal on the basis of its productive capacity, |
---|
435 | 435 | | except that the productivity value estimated by the comptroller may |
---|
436 | 436 | | not exceed the fair market value of the land; |
---|
437 | 437 | | (8) the portion of the appraised value of residence |
---|
438 | 438 | | homesteads of individuals who receive a tax limitation under |
---|
439 | 439 | | Section 11.26, Tax Code, on which school district taxes are not |
---|
440 | 440 | | imposed in the year that is the subject of the study, calculated as |
---|
441 | 441 | | if the residence homesteads were appraised at the full value |
---|
442 | 442 | | required by law; |
---|
443 | 443 | | (9) a portion of the market value of property not |
---|
444 | 444 | | otherwise fully taxable by the district at market value because of |
---|
445 | 445 | | action required by statute or the constitution of this state, other |
---|
446 | 446 | | than Section 11.311, Tax Code, that, if the tax rate adopted by the |
---|
447 | 447 | | district is applied to it, produces an amount equal to the |
---|
448 | 448 | | difference between the tax that the district would have imposed on |
---|
449 | 449 | | the property if the property were fully taxable at market value and |
---|
450 | 450 | | the tax that the district is actually authorized to impose on the |
---|
451 | 451 | | property, if this subsection does not otherwise require that |
---|
452 | 452 | | portion to be deducted; |
---|
453 | 453 | | (10) the market value of all tangible personal |
---|
454 | 454 | | property, other than manufactured homes, owned by a family or |
---|
455 | 455 | | individual and not held or used for the production of income; |
---|
456 | 456 | | (11) the appraised value of property the collection of |
---|
457 | 457 | | delinquent taxes on which is deferred under Section 33.06, Tax |
---|
458 | 458 | | Code; |
---|
459 | 459 | | (12) the portion of the appraised value of property |
---|
460 | 460 | | the collection of delinquent taxes on which is deferred under |
---|
461 | 461 | | Section 33.065, Tax Code; |
---|
462 | 462 | | (13) the amount by which the market value of a |
---|
463 | 463 | | residence homestead to which Section 23.23, Tax Code, applies |
---|
464 | 464 | | exceeds the appraised value of that property as calculated under |
---|
465 | 465 | | that section; and |
---|
466 | 466 | | (14) the total dollar amount of any exemptions granted |
---|
467 | 467 | | under Section 11.35, Tax Code. |
---|
468 | 468 | | SECTION 12. (a) This section takes effect only if the |
---|
469 | 469 | | constitutional amendment proposed by H.J.R. 2, 88th Legislature, |
---|
470 | 470 | | 2nd Called Session, 2023, is not approved by the voters. |
---|
471 | 471 | | (b) Section 403.302(d), Government Code, is amended to read |
---|
472 | 472 | | as follows: |
---|
473 | 473 | | (d) For the purposes of this section, "taxable value" means |
---|
474 | 474 | | the market value of all taxable property less: |
---|
475 | 475 | | (1) the total dollar amount of any residence homestead |
---|
476 | 476 | | exemptions lawfully granted under Section 11.13(b) or (c), Tax |
---|
477 | 477 | | Code, in the year that is the subject of the study for each school |
---|
478 | 478 | | district; |
---|
479 | 479 | | (2) one-half of the total dollar amount of any |
---|
480 | 480 | | residence homestead exemptions granted under Section 11.13(n), Tax |
---|
481 | 481 | | Code, in the year that is the subject of the study for each school |
---|
482 | 482 | | district; |
---|
483 | 483 | | (3) the total dollar amount of any exemptions granted |
---|
484 | 484 | | before May 31, 1993, within a reinvestment zone under agreements |
---|
485 | 485 | | authorized by Chapter 312, Tax Code; |
---|
486 | 486 | | (4) subject to Subsection (e), the total dollar amount |
---|
487 | 487 | | of any captured appraised value of property that: |
---|
488 | 488 | | (A) is within a reinvestment zone created on or |
---|
489 | 489 | | before May 31, 1999, or is proposed to be included within the |
---|
490 | 490 | | boundaries of a reinvestment zone as the boundaries of the zone and |
---|
491 | 491 | | the proposed portion of tax increment paid into the tax increment |
---|
492 | 492 | | fund by a school district are described in a written notification |
---|
493 | 493 | | provided by the municipality or the board of directors of the zone |
---|
494 | 494 | | to the governing bodies of the other taxing units in the manner |
---|
495 | 495 | | provided by former Section 311.003(e), Tax Code, before May 31, |
---|
496 | 496 | | 1999, and within the boundaries of the zone as those boundaries |
---|
497 | 497 | | existed on September 1, 1999, including subsequent improvements to |
---|
498 | 498 | | the property regardless of when made; |
---|
499 | 499 | | (B) generates taxes paid into a tax increment |
---|
500 | 500 | | fund created under Chapter 311, Tax Code, under a reinvestment zone |
---|
501 | 501 | | financing plan approved under Section 311.011(d), Tax Code, on or |
---|
502 | 502 | | before September 1, 1999; and |
---|
503 | 503 | | (C) is eligible for tax increment financing under |
---|
504 | 504 | | Chapter 311, Tax Code; |
---|
505 | 505 | | (5) the total dollar amount of any captured appraised |
---|
506 | 506 | | value of property that: |
---|
507 | 507 | | (A) is within a reinvestment zone: |
---|
508 | 508 | | (i) created on or before December 31, 2008, |
---|
509 | 509 | | by a municipality with a population of less than 18,000; and |
---|
510 | 510 | | (ii) the project plan for which includes |
---|
511 | 511 | | the alteration, remodeling, repair, or reconstruction of a |
---|
512 | 512 | | structure that is included on the National Register of Historic |
---|
513 | 513 | | Places and requires that a portion of the tax increment of the zone |
---|
514 | 514 | | be used for the improvement or construction of related facilities |
---|
515 | 515 | | or for affordable housing; |
---|
516 | 516 | | (B) generates school district taxes that are paid |
---|
517 | 517 | | into a tax increment fund created under Chapter 311, Tax Code; and |
---|
518 | 518 | | (C) is eligible for tax increment financing under |
---|
519 | 519 | | Chapter 311, Tax Code; |
---|
520 | 520 | | (6) the total dollar amount of any exemptions granted |
---|
521 | 521 | | under Section 11.251 or 11.253, Tax Code; |
---|
522 | 522 | | (7) the difference between the comptroller's estimate |
---|
523 | 523 | | of the market value and the productivity value of land that |
---|
524 | 524 | | qualifies for appraisal on the basis of its productive capacity, |
---|
525 | 525 | | except that the productivity value estimated by the comptroller may |
---|
526 | 526 | | not exceed the fair market value of the land; |
---|
527 | 527 | | (8) the portion of the appraised value of residence |
---|
528 | 528 | | homesteads of individuals who receive a tax limitation under |
---|
529 | 529 | | Section 11.26, Tax Code, on which school district taxes are not |
---|
530 | 530 | | imposed in the year that is the subject of the study, calculated as |
---|
531 | 531 | | if the residence homesteads were appraised at the full value |
---|
532 | 532 | | required by law; |
---|
533 | 533 | | (9) a portion of the market value of property not |
---|
534 | 534 | | otherwise fully taxable by the district at market value because of |
---|
535 | 535 | | action required by statute or the constitution of this state, other |
---|
536 | 536 | | than Section 11.311, Tax Code, that, if the tax rate adopted by the |
---|
537 | 537 | | district is applied to it, produces an amount equal to the |
---|
538 | 538 | | difference between the tax that the district would have imposed on |
---|
539 | 539 | | the property if the property were fully taxable at market value and |
---|
540 | 540 | | the tax that the district is actually authorized to impose on the |
---|
541 | 541 | | property, if this subsection does not otherwise require that |
---|
542 | 542 | | portion to be deducted; |
---|
543 | 543 | | (10) the market value of all tangible personal |
---|
544 | 544 | | property, other than manufactured homes, owned by a family or |
---|
545 | 545 | | individual and not held or used for the production of income; |
---|
546 | 546 | | (11) the appraised value of property the collection of |
---|
547 | 547 | | delinquent taxes on which is deferred under Section 33.06, Tax |
---|
548 | 548 | | Code; |
---|
549 | 549 | | (12) the portion of the appraised value of property |
---|
550 | 550 | | the collection of delinquent taxes on which is deferred under |
---|
551 | 551 | | Section 33.065, Tax Code; |
---|
552 | 552 | | (13) the amount by which the market value of a |
---|
553 | 553 | | residence homestead to which Section 23.23, Tax Code, applies |
---|
554 | 554 | | exceeds the appraised value of that property as calculated under |
---|
555 | 555 | | that section; [and] |
---|
556 | 556 | | (14) the total dollar amount of any exemptions granted |
---|
557 | 557 | | under Section 11.35, Tax Code; and |
---|
558 | 558 | | (15) the amount excluded from the current total value |
---|
559 | 559 | | of the district under Section 26.012(6)(C), Tax Code. |
---|
560 | 560 | | (c) Effective January 1, 2026, Section 403.302(d), |
---|
561 | 561 | | Government Code, is amended to read as follows: |
---|
562 | 562 | | (d) For the purposes of this section, "taxable value" means |
---|
563 | 563 | | the market value of all taxable property less: |
---|
564 | 564 | | (1) the total dollar amount of any residence homestead |
---|
565 | 565 | | exemptions lawfully granted under Section 11.13(b) or (c), Tax |
---|
566 | 566 | | Code, in the year that is the subject of the study for each school |
---|
567 | 567 | | district; |
---|
568 | 568 | | (2) one-half of the total dollar amount of any |
---|
569 | 569 | | residence homestead exemptions granted under Section 11.13(n), Tax |
---|
570 | 570 | | Code, in the year that is the subject of the study for each school |
---|
571 | 571 | | district; |
---|
572 | 572 | | (3) the total dollar amount of any exemptions granted |
---|
573 | 573 | | before May 31, 1993, within a reinvestment zone under agreements |
---|
574 | 574 | | authorized by Chapter 312, Tax Code; |
---|
575 | 575 | | (4) subject to Subsection (e), the total dollar amount |
---|
576 | 576 | | of any captured appraised value of property that: |
---|
577 | 577 | | (A) is within a reinvestment zone created on or |
---|
578 | 578 | | before May 31, 1999, or is proposed to be included within the |
---|
579 | 579 | | boundaries of a reinvestment zone as the boundaries of the zone and |
---|
580 | 580 | | the proposed portion of tax increment paid into the tax increment |
---|
581 | 581 | | fund by a school district are described in a written notification |
---|
582 | 582 | | provided by the municipality or the board of directors of the zone |
---|
583 | 583 | | to the governing bodies of the other taxing units in the manner |
---|
584 | 584 | | provided by former Section 311.003(e), Tax Code, before May 31, |
---|
585 | 585 | | 1999, and within the boundaries of the zone as those boundaries |
---|
586 | 586 | | existed on September 1, 1999, including subsequent improvements to |
---|
587 | 587 | | the property regardless of when made; |
---|
588 | 588 | | (B) generates taxes paid into a tax increment |
---|
589 | 589 | | fund created under Chapter 311, Tax Code, under a reinvestment zone |
---|
590 | 590 | | financing plan approved under Section 311.011(d), Tax Code, on or |
---|
591 | 591 | | before September 1, 1999; and |
---|
592 | 592 | | (C) is eligible for tax increment financing under |
---|
593 | 593 | | Chapter 311, Tax Code; |
---|
594 | 594 | | (5) the total dollar amount of any captured appraised |
---|
595 | 595 | | value of property that: |
---|
596 | 596 | | (A) is within a reinvestment zone: |
---|
597 | 597 | | (i) created on or before December 31, 2008, |
---|
598 | 598 | | by a municipality with a population of less than 18,000; and |
---|
599 | 599 | | (ii) the project plan for which includes |
---|
600 | 600 | | the alteration, remodeling, repair, or reconstruction of a |
---|
601 | 601 | | structure that is included on the National Register of Historic |
---|
602 | 602 | | Places and requires that a portion of the tax increment of the zone |
---|
603 | 603 | | be used for the improvement or construction of related facilities |
---|
604 | 604 | | or for affordable housing; |
---|
605 | 605 | | (B) generates school district taxes that are paid |
---|
606 | 606 | | into a tax increment fund created under Chapter 311, Tax Code; and |
---|
607 | 607 | | (C) is eligible for tax increment financing under |
---|
608 | 608 | | Chapter 311, Tax Code; |
---|
609 | 609 | | (6) the total dollar amount of any exemptions granted |
---|
610 | 610 | | under Section 11.251 or 11.253, Tax Code; |
---|
611 | 611 | | (7) the difference between the comptroller's estimate |
---|
612 | 612 | | of the market value and the productivity value of land that |
---|
613 | 613 | | qualifies for appraisal on the basis of its productive capacity, |
---|
614 | 614 | | except that the productivity value estimated by the comptroller may |
---|
615 | 615 | | not exceed the fair market value of the land; |
---|
616 | 616 | | (8) the portion of the appraised value of residence |
---|
617 | 617 | | homesteads of individuals who receive a tax limitation under |
---|
618 | 618 | | Section 11.26, Tax Code, on which school district taxes are not |
---|
619 | 619 | | imposed in the year that is the subject of the study, calculated as |
---|
620 | 620 | | if the residence homesteads were appraised at the full value |
---|
621 | 621 | | required by law; |
---|
622 | 622 | | (9) a portion of the market value of property not |
---|
623 | 623 | | otherwise fully taxable by the district at market value because of |
---|
624 | 624 | | action required by statute or the constitution of this state, other |
---|
625 | 625 | | than Section 11.311, Tax Code, that, if the tax rate adopted by the |
---|
626 | 626 | | district is applied to it, produces an amount equal to the |
---|
627 | 627 | | difference between the tax that the district would have imposed on |
---|
628 | 628 | | the property if the property were fully taxable at market value and |
---|
629 | 629 | | the tax that the district is actually authorized to impose on the |
---|
630 | 630 | | property, if this subsection does not otherwise require that |
---|
631 | 631 | | portion to be deducted; |
---|
632 | 632 | | (10) the market value of all tangible personal |
---|
633 | 633 | | property, other than manufactured homes, owned by a family or |
---|
634 | 634 | | individual and not held or used for the production of income; |
---|
635 | 635 | | (11) the appraised value of property the collection of |
---|
636 | 636 | | delinquent taxes on which is deferred under Section 33.06, Tax |
---|
637 | 637 | | Code; |
---|
638 | 638 | | (12) the portion of the appraised value of property |
---|
639 | 639 | | the collection of delinquent taxes on which is deferred under |
---|
640 | 640 | | Section 33.065, Tax Code; |
---|
641 | 641 | | (13) the amount by which the market value of a |
---|
642 | 642 | | residence homestead to which Section 23.23, Tax Code, applies |
---|
643 | 643 | | exceeds the appraised value of that property as calculated under |
---|
644 | 644 | | that section; and |
---|
645 | 645 | | (14) the total dollar amount of any exemptions granted |
---|
646 | 646 | | under Section 11.35, Tax Code. |
---|
647 | 647 | | SECTION 13. The changes in law made by this Act apply only |
---|
648 | 648 | | to an ad valorem tax year that begins on or after the effective date |
---|
649 | 649 | | of this Act. |
---|
650 | 650 | | SECTION 14. Except as otherwise provided by this Act, this |
---|
651 | 651 | | Act takes effect January 1, 2024. |
---|