Texas 2025 - 89th Regular

Texas House Bill HB203 Compare Versions

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11 89R249 LHC-D
22 By: Goodwin H.B. No. 203
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to a limitation on increases in the appraised value for ad
1010 valorem tax purposes of certain leased residential real property.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 1.12(d), Tax Code, as effective until
1313 January 1, 2027, is amended to read as follows:
1414 (d) For purposes of this section, the appraisal ratio of
1515 property to which Section 23.23, [or] 23.231, or 23.232 applies is
1616 the ratio of the property's market value as determined by the
1717 appraisal district or appraisal review board, as applicable, to the
1818 market value of the property according to law. The appraisal ratio
1919 is not calculated according to the appraised value of the property
2020 as limited by Section 23.23, [or] 23.231, or 23.232.
2121 SECTION 2. Section 1.12(d), Tax Code, as effective January
2222 1, 2027, is amended to read as follows:
2323 (d) For purposes of this section, the appraisal ratio of
2424 property [a homestead] to which Section 23.23 or 23.232 applies is
2525 the ratio of the property's market value as determined by the
2626 appraisal district or appraisal review board, as applicable, to the
2727 market value of the property according to law. The appraisal ratio
2828 is not calculated according to the appraised value of the property
2929 as limited by Section 23.23 or 23.232.
3030 SECTION 3. Subchapter B, Chapter 23, Tax Code, is amended by
3131 adding Section 23.232 to read as follows:
3232 Sec. 23.232. LIMITATION ON APPRAISED VALUE OF CERTAIN
3333 LEASED RESIDENTIAL REAL PROPERTY. (a) In this section:
3434 (1) "Fair market rent" means the most recent
3535 applicable fair market rent established by the United States
3636 Department of Housing and Urban Development for the zip code in
3737 which the property is located.
3838 (2) "New improvement" means an improvement to real
3939 property described by Subsection (b) made after the most recent
4040 appraisal of the property that increases the market value of the
4141 property and the value of which is not included in the appraised
4242 value of the property for the preceding tax year. The term does not
4343 include repairs to or ordinary maintenance of an existing structure
4444 or the grounds or another feature of the property.
4545 (b) This section applies only to real property that:
4646 (1) is a single-family residential property leased to
4747 a lessee and used by the lessee as a primary residence; and
4848 (2) is leased to a lessee for a rent that does not
4949 exceed the fair market rent.
5050 (c) This section does not apply to property appraised under
5151 Subchapter C, D, E, F, G, or H.
5252 (d) Notwithstanding the requirements of Section 25.18 and
5353 regardless of whether the appraisal office has appraised the
5454 property and determined the market value of the property for the tax
5555 year, an appraisal office may increase the appraised value of real
5656 property described by Subsection (b) for a tax year to an amount not
5757 to exceed the lesser of:
5858 (1) the market value of the property for the most
5959 recent tax year that the market value was determined by the
6060 appraisal office; or
6161 (2) the sum of:
6262 (A) 10 percent of the appraised value of the
6363 property for the preceding tax year;
6464 (B) the appraised value of the property for the
6565 preceding tax year; and
6666 (C) the market value of all new improvements to
6767 the property.
6868 (e) If only part of a parcel of real property qualifies for
6969 the limitation provided by Subsection (d), the limitation applies
7070 only to that part of the parcel.
7171 (f) When appraising real property described by Subsection
7272 (b), the chief appraiser shall:
7373 (1) appraise the property at its market value; and
7474 (2) include in the appraisal records both the market
7575 value of the property and the amount computed under Subsection
7676 (d)(2).
7777 (g) The limitation provided by Subsection (d) takes effect
7878 as to a parcel or part of a parcel of real property described by
7979 Subsection (b) on January 1 of the tax year following the first tax
8080 year in which the owner of the property leases the property for an
8181 amount described by Subsection (b). Except as provided by
8282 Subsection (h), the limitation expires on January 1 of the tax year
8383 following the first tax year in which the owner of the property
8484 ceases to lease the property for an amount described by Subsection
8585 (b).
8686 (h) Notwithstanding Subsections (a)(2) and (d) and except
8787 as provided by Subdivision (2) of this subsection, an improvement
8888 to property that would otherwise constitute a new improvement is
8989 not treated as a new improvement if the improvement is a replacement
9090 structure for a structure that was rendered unusable by a casualty
9191 or by wind or water damage. For purposes of appraising the property
9292 under Subsection (d) in the tax year in which the structure would
9393 have constituted a new improvement:
9494 (1) the appraised value the property would have had in
9595 the preceding tax year if the casualty or damage had not occurred is
9696 considered to be the appraised value of the property for that year,
9797 regardless of whether that appraised value exceeds the actual
9898 appraised value of the property for that year as limited by
9999 Subsection (d); and
100100 (2) the replacement structure is considered to be a
101101 new improvement only if:
102102 (A) the square footage of the replacement
103103 structure exceeds that of the replaced structure as that structure
104104 existed before the casualty or damage occurred; or
105105 (B) the exterior of the replacement structure is
106106 of higher quality construction and composition than that of the
107107 replaced structure.
108108 (i) In this subsection, "disaster recovery program" means
109109 the disaster recovery program administered by the General Land
110110 Office or by a political subdivision of this state that is funded
111111 with community development block grant disaster recovery money
112112 authorized by federal law. Notwithstanding Subsection (h)(2), and
113113 only to the extent necessary to satisfy the requirements of the
114114 disaster recovery program, a replacement structure described by
115115 that subdivision is not considered to be a new improvement if to
116116 satisfy the requirements of the disaster recovery program it was
117117 necessary that:
118118 (1) the square footage of the replacement structure
119119 exceed that of the replaced structure as that structure existed
120120 before the casualty or damage occurred; or
121121 (2) the exterior of the replacement structure be of
122122 higher quality construction and composition than that of the
123123 replaced structure.
124124 (j) To receive a limitation under Subsection (d), a person
125125 claiming the limitation must annually apply for the limitation by
126126 filing an application with the chief appraiser of the appraisal
127127 district. The chief appraiser shall accept and approve or deny an
128128 application. For property appraised by more than one appraisal
129129 district, a separate application must be filed in each appraisal
130130 district to receive the limitation in that district.
131131 (k) The comptroller, in prescribing the contents of the
132132 application form for a limitation under Subsection (d), shall
133133 ensure that the form requires an applicant to provide the
134134 information necessary to determine the validity of the limitation
135135 claim. The form must require an applicant to provide the
136136 applicant's name and driver's license number, personal
137137 identification certificate number, social security number, or
138138 taxpayer identification number. The comptroller shall include on
139139 the form a notice of the penalties prescribed by Section 37.10,
140140 Penal Code, for making or filing an application containing a false
141141 statement and shall include on the form a statement explaining that
142142 the application must be made annually. In this subsection,
143143 "driver's license" and "personal identification certificate" have
144144 the meanings assigned by Section 11.43(f).
145145 (l) To receive a limitation under Subsection (d) for a tax
146146 year, a person must apply for the limitation not later than May 1 of
147147 that year. Except as provided by Subsection (m), if the person
148148 fails to timely file a completed application, the person may not
149149 receive the limitation for that year.
150150 (m) The chief appraiser shall accept and approve or deny an
151151 application for a limitation under Subsection (d) for a tax year
152152 after the deadline for filing the application has passed if the
153153 application is filed not later than one year after the delinquency
154154 date for the taxes on the property for that tax year. If a late
155155 application is approved after approval of the appraisal records by
156156 the appraisal review board, the chief appraiser shall notify the
157157 collector for each taxing unit in which the property is located. If
158158 the tax has not been paid, the collector shall deduct from the
159159 person's tax bill the difference between the taxes that would have
160160 been due had the property not qualified for the limitation and the
161161 taxes due after taking the limitation into account. If the tax has
162162 been paid, the collector shall refund the difference.
163163 (n) This subsection expires January 1, 2030. For purposes
164164 of applying the limitation provided by Subsection (d) in the first
165165 tax year after the 2025 tax year in which the property is appraised
166166 for taxation:
167167 (1) the property is considered to have been appraised
168168 for taxation in the 2025 tax year at a market value equal to the
169169 appraised value of the property for that tax year; and
170170 (2) a person who acquired real property described by
171171 Subsection (b) in a tax year before the 2025 tax year is considered
172172 to have acquired the property on January 1, 2025.
173173 SECTION 4. Section 41.41(a), Tax Code, as effective until
174174 January 1, 2027, is amended to read as follows:
175175 (a) A property owner is entitled to protest before the
176176 appraisal review board the following actions:
177177 (1) determination of the appraised value of the
178178 owner's property or, in the case of land appraised as provided by
179179 Subchapter C, D, E, or H, Chapter 23, determination of its appraised
180180 or market value;
181181 (2) unequal appraisal of the owner's property;
182182 (3) inclusion of the owner's property on the appraisal
183183 records;
184184 (4) denial to the property owner in whole or in part of
185185 a partial exemption;
186186 (4-a) determination that the owner's property does not
187187 qualify for the circuit breaker limitation on appraised value
188188 provided by Section 23.231;
189189 (4-b) determination that the owner's property does not
190190 qualify for the limitation on appraised value provided by Section
191191 23.232;
192192 (5) determination that the owner's land does not
193193 qualify for appraisal as provided by Subchapter C, D, E, or H,
194194 Chapter 23;
195195 (6) identification of the taxing units in which the
196196 owner's property is taxable in the case of the appraisal district's
197197 appraisal roll;
198198 (7) determination that the property owner is the owner
199199 of property;
200200 (8) a determination that a change in use of land
201201 appraised under Subchapter C, D, E, or H, Chapter 23, has occurred;
202202 or
203203 (9) any other action of the chief appraiser, appraisal
204204 district, or appraisal review board that applies to and adversely
205205 affects the property owner.
206206 SECTION 5. Section 41.41(a), Tax Code, as effective January
207207 1, 2027, is amended to read as follows:
208208 (a) A property owner is entitled to protest before the
209209 appraisal review board the following actions:
210210 (1) determination of the appraised value of the
211211 owner's property or, in the case of land appraised as provided by
212212 Subchapter C, D, E, or H, Chapter 23, determination of its appraised
213213 or market value;
214214 (2) unequal appraisal of the owner's property;
215215 (3) inclusion of the owner's property on the appraisal
216216 records;
217217 (4) denial to the property owner in whole or in part of
218218 a partial exemption;
219219 (4-a) determination that the owner's property does not
220220 qualify for the limitation on appraised value provided by Section
221221 23.232;
222222 (5) determination that the owner's land does not
223223 qualify for appraisal as provided by Subchapter C, D, E, or H,
224224 Chapter 23;
225225 (6) identification of the taxing units in which the
226226 owner's property is taxable in the case of the appraisal district's
227227 appraisal roll;
228228 (7) determination that the property owner is the owner
229229 of property;
230230 (8) a determination that a change in use of land
231231 appraised under Subchapter C, D, E, or H, Chapter 23, has occurred;
232232 or
233233 (9) any other action of the chief appraiser, appraisal
234234 district, or appraisal review board that applies to and adversely
235235 affects the property owner.
236236 SECTION 6. Section 42.26(d), Tax Code, as effective until
237237 January 1, 2027, is amended to read as follows:
238238 (d) For purposes of this section, the value of the property
239239 subject to the suit and the value of a comparable property or sample
240240 property that is used for comparison must be the market value
241241 determined by the appraisal district when the property is subject
242242 to the limitation on appraised value imposed by Section 23.23, [or]
243243 23.231, or 23.232.
244244 SECTION 7. Section 42.26(d), Tax Code, as effective January
245245 1, 2027, is amended to read as follows:
246246 (d) For purposes of this section, the value of the property
247247 subject to the suit and the value of a comparable property or sample
248248 property that is used for comparison must be the market value
249249 determined by the appraisal district when the property is [a
250250 residence homestead] subject to the limitation on appraised value
251251 imposed by Section 23.23 or 23.232.
252252 SECTION 8. Sections 403.302(d) and (i), Government Code, as
253253 effective until January 1, 2027, are amended to read as follows:
254254 (d) For the purposes of this section, "taxable value" means
255255 the market value of all taxable property less:
256256 (1) the total dollar amount of any residence homestead
257257 exemptions lawfully granted under Section 11.13(b) or (c), Tax
258258 Code, in the year that is the subject of the study for each school
259259 district;
260260 (2) one-half of the total dollar amount of any
261261 residence homestead exemptions granted under Section 11.13(n), Tax
262262 Code, in the year that is the subject of the study for each school
263263 district;
264264 (3) the total dollar amount of any exemptions granted
265265 before May 31, 1993, within a reinvestment zone under agreements
266266 authorized by Chapter 312, Tax Code;
267267 (4) subject to Subsection (e), the total dollar amount
268268 of any captured appraised value of property that:
269269 (A) is within a reinvestment zone created on or
270270 before May 31, 1999, or is proposed to be included within the
271271 boundaries of a reinvestment zone as the boundaries of the zone and
272272 the proposed portion of tax increment paid into the tax increment
273273 fund by a school district are described in a written notification
274274 provided by the municipality or the board of directors of the zone
275275 to the governing bodies of the other taxing units in the manner
276276 provided by former Section 311.003(e), Tax Code, before May 31,
277277 1999, and within the boundaries of the zone as those boundaries
278278 existed on September 1, 1999, including subsequent improvements to
279279 the property regardless of when made;
280280 (B) generates taxes paid into a tax increment
281281 fund created under Chapter 311, Tax Code, under a reinvestment zone
282282 financing plan approved under Section 311.011(d), Tax Code, on or
283283 before September 1, 1999; and
284284 (C) is eligible for tax increment financing under
285285 Chapter 311, Tax Code;
286286 (5) the total dollar amount of any captured appraised
287287 value of property that:
288288 (A) is within a reinvestment zone:
289289 (i) created on or before December 31, 2008,
290290 by a municipality with a population of less than 18,000; and
291291 (ii) the project plan for which includes
292292 the alteration, remodeling, repair, or reconstruction of a
293293 structure that is included on the National Register of Historic
294294 Places and requires that a portion of the tax increment of the zone
295295 be used for the improvement or construction of related facilities
296296 or for affordable housing;
297297 (B) generates school district taxes that are paid
298298 into a tax increment fund created under Chapter 311, Tax Code; and
299299 (C) is eligible for tax increment financing under
300300 Chapter 311, Tax Code;
301301 (6) the total dollar amount of any exemptions granted
302302 under Section 11.251 or 11.253, Tax Code;
303303 (7) the difference between the comptroller's estimate
304304 of the market value and the productivity value of land that
305305 qualifies for appraisal on the basis of its productive capacity,
306306 except that the productivity value estimated by the comptroller may
307307 not exceed the fair market value of the land;
308308 (8) the portion of the appraised value of residence
309309 homesteads of individuals who receive a tax limitation under
310310 Section 11.26, Tax Code, on which school district taxes are not
311311 imposed in the year that is the subject of the study, calculated as
312312 if the residence homesteads were appraised at the full value
313313 required by law;
314314 (9) a portion of the market value of property not
315315 otherwise fully taxable by the district at market value because of
316316 action required by statute or the constitution of this state, other
317317 than Section 11.311, Tax Code, that, if the tax rate adopted by the
318318 district is applied to it, produces an amount equal to the
319319 difference between the tax that the district would have imposed on
320320 the property if the property were fully taxable at market value and
321321 the tax that the district is actually authorized to impose on the
322322 property, if this subsection does not otherwise require that
323323 portion to be deducted;
324324 (10) the market value of all tangible personal
325325 property, other than manufactured homes, owned by a family or
326326 individual and not held or used for the production of income;
327327 (11) the appraised value of property the collection of
328328 delinquent taxes on which is deferred under Section 33.06, Tax
329329 Code;
330330 (12) the portion of the appraised value of property
331331 the collection of delinquent taxes on which is deferred under
332332 Section 33.065, Tax Code;
333333 (13) the amount by which the market value of property
334334 to which Section 23.23, [or] 23.231, or 23.232, Tax Code, applies
335335 exceeds the appraised value of that property as calculated under
336336 Section 23.23, [or] 23.231, or 23.232, Tax Code, as applicable; and
337337 (14) the total dollar amount of any exemptions granted
338338 under Section 11.35, Tax Code.
339339 (i) If the comptroller determines in the study that the
340340 market value of property in a school district as determined by the
341341 appraisal district that appraises property for the school district,
342342 less the total of the amounts and values listed in Subsection (d) as
343343 determined by that appraisal district, is valid, the comptroller,
344344 in determining the taxable value of property in the school district
345345 under Subsection (d), shall for purposes of Subsection (d)(13)
346346 subtract from the market value as determined by the appraisal
347347 district of properties to which Section 23.23, [or] 23.231, or
348348 23.232, Tax Code, applies the amount by which that amount exceeds
349349 the appraised value of those properties as calculated by the
350350 appraisal district under Section 23.23, [or] 23.231, or 23.232, Tax
351351 Code, as applicable. If the comptroller determines in the study
352352 that the market value of property in a school district as determined
353353 by the appraisal district that appraises property for the school
354354 district, less the total of the amounts and values listed in
355355 Subsection (d) as determined by that appraisal district, is not
356356 valid, the comptroller, in determining the taxable value of
357357 property in the school district under Subsection (d), shall for
358358 purposes of Subsection (d)(13) subtract from the market value as
359359 estimated by the comptroller of properties to which Section 23.23,
360360 [or] 23.231, or 23.232, Tax Code, applies the amount by which that
361361 amount exceeds the appraised value of those properties as
362362 calculated by the appraisal district under Section 23.23, [or]
363363 23.231, or 23.232, Tax Code, as applicable.
364364 SECTION 9. Sections 403.302(d) and (i), Government Code, as
365365 effective January 1, 2027, are amended to read as follows:
366366 (d) For the purposes of this section, "taxable value" means
367367 the market value of all taxable property less:
368368 (1) the total dollar amount of any residence homestead
369369 exemptions lawfully granted under Section 11.13(b) or (c), Tax
370370 Code, in the year that is the subject of the study for each school
371371 district;
372372 (2) one-half of the total dollar amount of any
373373 residence homestead exemptions granted under Section 11.13(n), Tax
374374 Code, in the year that is the subject of the study for each school
375375 district;
376376 (3) the total dollar amount of any exemptions granted
377377 before May 31, 1993, within a reinvestment zone under agreements
378378 authorized by Chapter 312, Tax Code;
379379 (4) subject to Subsection (e), the total dollar amount
380380 of any captured appraised value of property that:
381381 (A) is within a reinvestment zone created on or
382382 before May 31, 1999, or is proposed to be included within the
383383 boundaries of a reinvestment zone as the boundaries of the zone and
384384 the proposed portion of tax increment paid into the tax increment
385385 fund by a school district are described in a written notification
386386 provided by the municipality or the board of directors of the zone
387387 to the governing bodies of the other taxing units in the manner
388388 provided by former Section 311.003(e), Tax Code, before May 31,
389389 1999, and within the boundaries of the zone as those boundaries
390390 existed on September 1, 1999, including subsequent improvements to
391391 the property regardless of when made;
392392 (B) generates taxes paid into a tax increment
393393 fund created under Chapter 311, Tax Code, under a reinvestment zone
394394 financing plan approved under Section 311.011(d), Tax Code, on or
395395 before September 1, 1999; and
396396 (C) is eligible for tax increment financing under
397397 Chapter 311, Tax Code;
398398 (5) the total dollar amount of any captured appraised
399399 value of property that:
400400 (A) is within a reinvestment zone:
401401 (i) created on or before December 31, 2008,
402402 by a municipality with a population of less than 18,000; and
403403 (ii) the project plan for which includes
404404 the alteration, remodeling, repair, or reconstruction of a
405405 structure that is included on the National Register of Historic
406406 Places and requires that a portion of the tax increment of the zone
407407 be used for the improvement or construction of related facilities
408408 or for affordable housing;
409409 (B) generates school district taxes that are paid
410410 into a tax increment fund created under Chapter 311, Tax Code; and
411411 (C) is eligible for tax increment financing under
412412 Chapter 311, Tax Code;
413413 (6) the total dollar amount of any exemptions granted
414414 under Section 11.251 or 11.253, Tax Code;
415415 (7) the difference between the comptroller's estimate
416416 of the market value and the productivity value of land that
417417 qualifies for appraisal on the basis of its productive capacity,
418418 except that the productivity value estimated by the comptroller may
419419 not exceed the fair market value of the land;
420420 (8) the portion of the appraised value of residence
421421 homesteads of individuals who receive a tax limitation under
422422 Section 11.26, Tax Code, on which school district taxes are not
423423 imposed in the year that is the subject of the study, calculated as
424424 if the residence homesteads were appraised at the full value
425425 required by law;
426426 (9) a portion of the market value of property not
427427 otherwise fully taxable by the district at market value because of
428428 action required by statute or the constitution of this state, other
429429 than Section 11.311, Tax Code, that, if the tax rate adopted by the
430430 district is applied to it, produces an amount equal to the
431431 difference between the tax that the district would have imposed on
432432 the property if the property were fully taxable at market value and
433433 the tax that the district is actually authorized to impose on the
434434 property, if this subsection does not otherwise require that
435435 portion to be deducted;
436436 (10) the market value of all tangible personal
437437 property, other than manufactured homes, owned by a family or
438438 individual and not held or used for the production of income;
439439 (11) the appraised value of property the collection of
440440 delinquent taxes on which is deferred under Section 33.06, Tax
441441 Code;
442442 (12) the portion of the appraised value of property
443443 the collection of delinquent taxes on which is deferred under
444444 Section 33.065, Tax Code;
445445 (13) the amount by which the market value of property
446446 [a residence homestead] to which Section 23.23 or 23.232, Tax Code,
447447 applies exceeds the appraised value of that property as calculated
448448 under Section 23.23 or 23.232, Tax Code, as applicable [that
449449 section]; and
450450 (14) the total dollar amount of any exemptions granted
451451 under Section 11.35, Tax Code.
452452 (i) If the comptroller determines in the study that the
453453 market value of property in a school district as determined by the
454454 appraisal district that appraises property for the school district,
455455 less the total of the amounts and values listed in Subsection (d) as
456456 determined by that appraisal district, is valid, the comptroller,
457457 in determining the taxable value of property in the school district
458458 under Subsection (d), shall for purposes of Subsection (d)(13)
459459 subtract from the market value as determined by the appraisal
460460 district of properties [residence homesteads] to which Section
461461 23.23 or 23.232, Tax Code, applies the amount by which that amount
462462 exceeds the appraised value of those properties as calculated by
463463 the appraisal district under Section 23.23 or 23.232, Tax Code, as
464464 applicable. If the comptroller determines in the study that the
465465 market value of property in a school district as determined by the
466466 appraisal district that appraises property for the school district,
467467 less the total of the amounts and values listed in Subsection (d) as
468468 determined by that appraisal district, is not valid, the
469469 comptroller, in determining the taxable value of property in the
470470 school district under Subsection (d), shall for purposes of
471471 Subsection (d)(13) subtract from the market value as estimated by
472472 the comptroller of properties [residence homesteads] to which
473473 Section 23.23 or 23.232, Tax Code, applies the amount by which that
474474 amount exceeds the appraised value of those properties as
475475 calculated by the appraisal district under Section 23.23 or 23.232,
476476 Tax Code, as applicable.
477477 SECTION 10. This Act applies only to the appraisal of
478478 residential real property for ad valorem tax purposes for a tax year
479479 that begins on or after the effective date of this Act.
480480 SECTION 11. This Act takes effect January 1, 2026, but only
481481 if the constitutional amendment proposed by the 89th Legislature,
482482 Regular Session, 2025, to authorize the legislature to provide for
483483 a limitation on the maximum appraised value for ad valorem tax
484484 purposes of certain leased residential real property is approved by
485485 the voters. If that amendment is not approved by the voters, this
486486 Act has no effect.