1 | 1 | | 89R630 RDS-D |
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2 | 2 | | By: Metcalf H.B. No. 3064 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the exemption of tangible personal property from ad |
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10 | 10 | | valorem taxation; making conforming changes. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 6.24(b), Tax Code, is amended to read as |
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13 | 13 | | follows: |
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14 | 14 | | (b) The commissioners court with the approval of the county |
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15 | 15 | | assessor-collector may contract as provided by the Interlocal |
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16 | 16 | | Cooperation Act with the governing body of another taxing unit in |
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17 | 17 | | the county or with the board of directors of the appraisal district |
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18 | 18 | | for the other taxing unit or the district to perform duties relating |
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19 | 19 | | to the assessment or collection of taxes for the county. If a |
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20 | 20 | | county contracts to have its taxes assessed and collected by |
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21 | 21 | | another taxing unit or by the appraisal district, [except as |
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22 | 22 | | provided by Subsection (c),] the contract shall require the other |
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23 | 23 | | taxing unit or the district to assess and collect all taxes the |
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24 | 24 | | county is required to assess and collect. |
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25 | 25 | | SECTION 2. The heading to Section 11.01, Tax Code, is |
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26 | 26 | | amended to read as follows: |
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27 | 27 | | Sec. 11.01. REAL [AND TANGIBLE PERSONAL] PROPERTY. |
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28 | 28 | | SECTION 3. Section 11.01(a), Tax Code, is amended to read as |
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29 | 29 | | follows: |
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30 | 30 | | (a) All real [and tangible personal] property that this |
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31 | 31 | | state has jurisdiction to tax is taxable unless exempt by law. |
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32 | 32 | | SECTION 4. Subchapter A, Chapter 11, Tax Code, is amended by |
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33 | 33 | | adding Section 11.015 to read as follows: |
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34 | 34 | | Sec. 11.015. TANGIBLE PERSONAL PROPERTY. (a) Tangible |
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35 | 35 | | personal property is not taxable for a tax year that begins on or |
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36 | 36 | | after January 1, 2026. |
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37 | 37 | | (b) On and after January 1, 2026, a provision of this code or |
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38 | 38 | | another law that would otherwise apply to the taxation of tangible |
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39 | 39 | | personal property for a tax year that begins on or after that date |
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40 | 40 | | has no effect for that tax year. |
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41 | 41 | | SECTION 5. Section 11.18(a), Tax Code, is amended to read as |
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42 | 42 | | follows: |
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43 | 43 | | (a) An organization that qualifies as a charitable |
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44 | 44 | | organization as provided by this section is entitled to an |
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45 | 45 | | exemption from taxation of: |
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46 | 46 | | (1) the buildings [and tangible personal property] |
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47 | 47 | | that: |
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48 | 48 | | (A) are owned by the charitable organization; and |
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49 | 49 | | (B) except as permitted by Subsection (b), are |
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50 | 50 | | used exclusively by qualified charitable organizations; |
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51 | 51 | | (2) the real property owned by the charitable |
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52 | 52 | | organization consisting of: |
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53 | 53 | | (A) an incomplete improvement that: |
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54 | 54 | | (i) is under active construction or other |
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55 | 55 | | physical preparation; and |
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56 | 56 | | (ii) is designed and intended to be used |
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57 | 57 | | exclusively by qualified charitable organizations; and |
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58 | 58 | | (B) the land on which the incomplete improvement |
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59 | 59 | | is located that will be reasonably necessary for the use of the |
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60 | 60 | | improvement by qualified charitable organizations; and |
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61 | 61 | | (3) if the charitable organization is described by |
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62 | 62 | | Subsection (d)(1), (2), (3)(A)(ii), (5), (8), (13), (15), or (19), |
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63 | 63 | | the real property owned by the charitable organization consisting |
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64 | 64 | | of an interest in a mineral in place, including a royalty interest, |
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65 | 65 | | provided that the interest: |
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66 | 66 | | (A) is not severed from the surface estate; or |
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67 | 67 | | (B) was donated to the charitable organization by |
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68 | 68 | | the previous owner of the interest. |
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69 | 69 | | SECTION 6. Section 11.181(c), Tax Code, is amended to read |
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70 | 70 | | as follows: |
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71 | 71 | | (c) An organization entitled to an exemption under |
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72 | 72 | | Subsection (a) is also entitled to an exemption from taxation of any |
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73 | 73 | | building [or tangible personal property] the organization owns and |
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74 | 74 | | uses in the administration of its acquisition, building, repair, or |
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75 | 75 | | sale of property. To qualify for an exemption under this |
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76 | 76 | | subsection, property must be used exclusively by the charitable |
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77 | 77 | | organization, except that another individual or organization may |
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78 | 78 | | use the property for activities incidental to the charitable |
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79 | 79 | | organization's use that benefit the beneficiaries of the charitable |
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80 | 80 | | organization. |
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81 | 81 | | SECTION 7. Section 11.182(f), Tax Code, is amended to read |
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82 | 82 | | as follows: |
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83 | 83 | | (f) An organization entitled to an exemption under |
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84 | 84 | | Subsection (b) is also entitled to an exemption from taxation of any |
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85 | 85 | | building [or tangible personal property] the organization owns and |
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86 | 86 | | uses in the administration of its acquisition, building, repair, |
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87 | 87 | | sale, or rental of property. To qualify for an exemption under this |
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88 | 88 | | subsection, property must be used exclusively by the organization, |
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89 | 89 | | except that another person may use the property for activities |
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90 | 90 | | incidental to the organization's use that benefit the beneficiaries |
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91 | 91 | | of the organization. |
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92 | 92 | | SECTION 8. Section 11.1827(d), Tax Code, is amended to read |
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93 | 93 | | as follows: |
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94 | 94 | | (d) A community land trust entitled to an exemption from |
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95 | 95 | | taxation by a taxing unit under Subsection (b) is also entitled to |
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96 | 96 | | an exemption from taxation by the taxing unit of any real [or |
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97 | 97 | | tangible personal] property the trust owns and uses in the |
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98 | 98 | | administration of its acquisition, construction, repair, sale, or |
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99 | 99 | | leasing of property. To qualify for an exemption under this |
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100 | 100 | | subsection, property must be used exclusively by the trust, except |
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101 | 101 | | that another person may use the property for activities incidental |
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102 | 102 | | to the trust's use that benefit the beneficiaries of the trust. |
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103 | 103 | | SECTION 9. Section 11.184(c), Tax Code, is amended to read |
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104 | 104 | | as follows: |
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105 | 105 | | (c) A qualified charitable organization is entitled to an |
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106 | 106 | | exemption from taxation of: |
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107 | 107 | | (1) the buildings and other real property [and the |
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108 | 108 | | tangible personal property] that: |
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109 | 109 | | (A) are owned by the organization; and |
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110 | 110 | | (B) except as permitted by Subsection (d), are |
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111 | 111 | | used exclusively by the organization and other organizations |
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112 | 112 | | eligible for an exemption from taxation under this section or |
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113 | 113 | | Section 11.18; and |
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114 | 114 | | (2) the real property owned by the organization |
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115 | 115 | | consisting of: |
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116 | 116 | | (A) an incomplete improvement that: |
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117 | 117 | | (i) is under active construction or other |
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118 | 118 | | physical preparation; and |
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119 | 119 | | (ii) is designed and intended to be used |
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120 | 120 | | exclusively by the organization and other organizations eligible |
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121 | 121 | | for an exemption from taxation under this section or Section 11.18; |
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122 | 122 | | and |
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123 | 123 | | (B) the land on which the incomplete improvement |
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124 | 124 | | is located that will be reasonably necessary for the use of the |
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125 | 125 | | improvement by the organization and other organizations eligible |
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126 | 126 | | for an exemption from taxation under this section or Section 11.18. |
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127 | 127 | | SECTION 10. Section 11.185(c), Tax Code, is amended to read |
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128 | 128 | | as follows: |
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129 | 129 | | (c) An organization entitled to an exemption under |
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130 | 130 | | Subsection (a) is also entitled to an exemption from taxation of any |
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131 | 131 | | building [or tangible personal property] the organization owns and |
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132 | 132 | | uses in the administration of its acquisition, building, repair, or |
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133 | 133 | | sale of property. To qualify for an exemption under this |
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134 | 134 | | subsection, property must be used exclusively by the charitable |
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135 | 135 | | organization, except that another individual or organization may |
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136 | 136 | | use the property for activities incidental to the charitable |
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137 | 137 | | organization's use that benefit the beneficiaries of the charitable |
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138 | 138 | | organization. |
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139 | 139 | | SECTION 11. Sections 11.20(a), (d), (f), (g), (h), (j), and |
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140 | 140 | | (k), Tax Code, are amended to read as follows: |
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141 | 141 | | (a) An organization that qualifies as a religious |
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142 | 142 | | organization as provided by Subsection (c) is entitled to an |
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143 | 143 | | exemption from taxation of: |
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144 | 144 | | (1) the real property that is owned by the religious |
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145 | 145 | | organization, is used primarily as a place of regular religious |
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146 | 146 | | worship, and is reasonably necessary for engaging in religious |
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147 | 147 | | worship; |
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148 | 148 | | (2) [the tangible personal property that is owned by |
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149 | 149 | | the religious organization and is reasonably necessary for engaging |
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150 | 150 | | in worship at the place of worship specified in Subdivision (1); |
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151 | 151 | | [(3)] the real property that is owned by the religious |
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152 | 152 | | organization and is reasonably necessary for use as a residence |
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153 | 153 | | (but not more than one acre of land for each residence) if the |
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154 | 154 | | property: |
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155 | 155 | | (A) is used exclusively as a residence for those |
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156 | 156 | | individuals whose principal occupation is to serve in the clergy of |
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157 | 157 | | the religious organization; and |
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158 | 158 | | (B) produces no revenue for the religious |
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159 | 159 | | organization; |
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160 | 160 | | (3) [(4) the tangible personal property that is owned |
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161 | 161 | | by the religious organization and is reasonably necessary for use |
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162 | 162 | | of the residence specified by Subdivision (3); |
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163 | 163 | | [(5)] the real property owned by the religious |
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164 | 164 | | organization consisting of: |
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165 | 165 | | (A) an incomplete improvement that is under |
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166 | 166 | | active construction or other physical preparation and that is |
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167 | 167 | | designed and intended to be used by the religious organization as a |
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168 | 168 | | place of regular religious worship when complete; and |
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169 | 169 | | (B) the land on which the incomplete improvement |
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170 | 170 | | is located that will be reasonably necessary for the religious |
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171 | 171 | | organization's use of the improvement as a place of regular |
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172 | 172 | | religious worship; |
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173 | 173 | | (4) [(6)] the land that the religious organization |
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174 | 174 | | owns for the purpose of expansion of the religious organization's |
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175 | 175 | | place of regular religious worship or construction of a new place of |
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176 | 176 | | regular religious worship if: |
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177 | 177 | | (A) the religious organization qualifies other |
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178 | 178 | | property, including a portion of the same tract or parcel of land, |
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179 | 179 | | owned by the organization for an exemption under Subdivision (1) or |
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180 | 180 | | (3) [(5)]; and |
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181 | 181 | | (B) the land produces no revenue for the |
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182 | 182 | | religious organization; and |
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183 | 183 | | (5) [(7)] the real property owned by the religious |
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184 | 184 | | organization that is leased to another person and used by that |
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185 | 185 | | person for the operation of a school that qualifies as a school |
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186 | 186 | | under Section 11.21(d). |
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187 | 187 | | (d) Use of property that qualifies for the exemption |
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188 | 188 | | prescribed by Subsection (a)(1) or [(2) or by Subsection] (h)(1) |
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189 | 189 | | for occasional secular purposes other than religious worship does |
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190 | 190 | | not result in loss of the exemption if the primary use of the |
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191 | 191 | | property is for religious worship and all income from the other use |
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192 | 192 | | is devoted exclusively to the maintenance and development of the |
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193 | 193 | | property as a place of religious worship. |
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194 | 194 | | (f) A property may not be exempted under Subsection (a)(3) |
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195 | 195 | | [(a)(5)] for more than three years. |
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196 | 196 | | (g) For purposes of Subsection (a)(3) [(a)(5)], an |
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197 | 197 | | incomplete improvement is under physical preparation if the |
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198 | 198 | | religious organization has engaged in architectural or engineering |
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199 | 199 | | work, soil testing, land clearing activities, or site improvement |
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200 | 200 | | work necessary for the construction of the improvement or has |
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201 | 201 | | conducted an environmental or land use study relating to the |
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202 | 202 | | construction of the improvement. |
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203 | 203 | | (h) Property owned by this state or a political subdivision |
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204 | 204 | | of this state, including a leasehold or other possessory interest |
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205 | 205 | | in the property, that is held or occupied by an organization that |
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206 | 206 | | qualifies as a religious organization as provided by Subsection (c) |
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207 | 207 | | is entitled to an exemption from taxation if the property: |
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208 | 208 | | (1) is used by the organization primarily as a place of |
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209 | 209 | | regular religious worship and is reasonably necessary for engaging |
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210 | 210 | | in religious worship; or |
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211 | 211 | | (2) meets the qualifications for an exemption under |
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212 | 212 | | Subsection (a)(3) [(a)(5)]. |
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213 | 213 | | (j) A tract of land that is contiguous to the tract of land |
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214 | 214 | | on which the religious organization's place of regular religious |
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215 | 215 | | worship is located may not be exempted under Subsection (a)(4) |
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216 | 216 | | [(a)(6)] for more than 10 years. A tract of land that is not |
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217 | 217 | | contiguous to the tract of land on which the religious |
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218 | 218 | | organization's place of regular religious worship is located may |
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219 | 219 | | not be exempted under Subsection (a)(4) [(a)(6)] for more than |
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220 | 220 | | three years. For purposes of this subsection, a tract of land is |
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221 | 221 | | considered to be contiguous with another tract of land if the tracts |
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222 | 222 | | are divided only by a road, railroad track, river, or stream. |
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223 | 223 | | (k) For purposes of Subsection (a)(4) [(a)(6)], an |
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224 | 224 | | application or statement accompanying an application for the |
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225 | 225 | | exemption stating that the land is owned for the purposes described |
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226 | 226 | | by Subsection (a)(4) [(a)(6)] and signed by an authorized officer |
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227 | 227 | | of the organization is sufficient to establish that the land is |
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228 | 228 | | owned for those purposes. |
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229 | 229 | | SECTION 12. Sections 11.201(a) and (c), Tax Code, are |
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230 | 230 | | amended to read as follows: |
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231 | 231 | | (a) If land is sold or otherwise transferred to another |
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232 | 232 | | person in a year in which the land receives an exemption under |
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233 | 233 | | Section 11.20(a)(4) [11.20(a)(6)], an additional tax is imposed on |
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234 | 234 | | the land equal to the tax that would have been imposed on the land |
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235 | 235 | | had the land been taxed for each of the five years preceding the |
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236 | 236 | | year in which the sale or transfer occurs in which the land received |
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237 | 237 | | an exemption under that subsection, plus interest at an annual rate |
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238 | 238 | | of seven percent calculated from the dates on which the taxes would |
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239 | 239 | | have become due. |
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240 | 240 | | (c) If only part of a parcel of land that is exempted under |
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241 | 241 | | Section 11.20(a)(4) [11.20(a)(6)] is sold or transferred, the tax |
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242 | 242 | | applies only to that part of the parcel and equals the taxes that |
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243 | 243 | | would have been imposed had that part been taxed. |
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244 | 244 | | SECTION 13. Sections 11.21(a), (b), and (f), Tax Code, are |
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245 | 245 | | amended to read as follows: |
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246 | 246 | | (a) A person is entitled to an exemption from taxation of: |
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247 | 247 | | (1) the buildings [and tangible personal property] |
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248 | 248 | | that the person owns and that are used for a school that is |
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249 | 249 | | qualified as provided by Subsection (d) if: |
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250 | 250 | | (A) the school is operated exclusively by the |
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251 | 251 | | person owning the property; |
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252 | 252 | | (B) except as permitted by Subsection (b), the |
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253 | 253 | | buildings [and tangible personal property] are used exclusively for |
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254 | 254 | | educational functions; and |
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255 | 255 | | (C) the buildings [and tangible personal |
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256 | 256 | | property] are reasonably necessary for the operation of the school; |
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257 | 257 | | and |
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258 | 258 | | (2) the real property owned by the person consisting |
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259 | 259 | | of: |
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260 | 260 | | (A) an incomplete improvement that: |
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261 | 261 | | (i) is under active construction or other |
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262 | 262 | | physical preparation; and |
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263 | 263 | | (ii) is designed and intended to be used for |
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264 | 264 | | a school that is qualified as provided by Subsection (d); and |
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265 | 265 | | (B) the land on which the incomplete improvement |
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266 | 266 | | is located that will be reasonably necessary for the use of the |
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267 | 267 | | improvement for a school that is qualified as provided by |
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268 | 268 | | Subsection (d). |
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269 | 269 | | (b) Use of exempt [tangible] property for functions other |
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270 | 270 | | than educational functions does not result in loss of an exemption |
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271 | 271 | | authorized by this section if those other functions are incidental |
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272 | 272 | | to use of the property for educational functions and benefit the |
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273 | 273 | | students or faculty of the school. |
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274 | 274 | | (f) Notwithstanding Subsection (a), a person is entitled to |
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275 | 275 | | an exemption from taxation of the buildings [and tangible personal |
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276 | 276 | | property] the person acquires for use for a school that meets each |
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277 | 277 | | requirement of Subsection (d) if: |
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278 | 278 | | (1) the person authorizes the former owner to continue |
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279 | 279 | | to use the property pending the use of the property for a school; |
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280 | 280 | | and |
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281 | 281 | | (2) the former owner would be entitled to an exemption |
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282 | 282 | | from taxation of the property if the former owner continued to own |
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283 | 283 | | the property. |
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284 | 284 | | SECTION 14. Section 11.23(m), Tax Code, is amended to read |
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285 | 285 | | as follows: |
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286 | 286 | | (m) National Hispanic Institute. The National Hispanic |
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287 | 287 | | Institute is entitled to an exemption from taxation of the real [and |
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288 | 288 | | tangible personal] property it owns as long as the organization is |
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289 | 289 | | exempt from federal income taxation under Section 501(a), Internal |
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290 | 290 | | Revenue Code of 1986, as an organization described by Section |
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291 | 291 | | 501(c)(3) of that code. |
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292 | 292 | | SECTION 15. Section 11.231(b), Tax Code, is amended to read |
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293 | 293 | | as follows: |
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294 | 294 | | (b) An association that qualifies as a nonprofit community |
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295 | 295 | | business organization as provided by this section is entitled to an |
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296 | 296 | | exemption from taxation of: |
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297 | 297 | | (1) the buildings [and tangible personal property] |
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298 | 298 | | that: |
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299 | 299 | | (A) are owned by the nonprofit community business |
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300 | 300 | | organization; and |
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301 | 301 | | (B) except as permitted by Subsection (c), are |
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302 | 302 | | used exclusively by qualified nonprofit community business |
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303 | 303 | | organizations to perform their primary functions; and |
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304 | 304 | | (2) the real property owned by the nonprofit community |
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305 | 305 | | business organization consisting of: |
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306 | 306 | | (A) an incomplete improvement that: |
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307 | 307 | | (i) is under active construction or other |
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308 | 308 | | physical preparation; and |
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309 | 309 | | (ii) is designed and intended to be used |
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310 | 310 | | exclusively by qualified nonprofit community business |
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311 | 311 | | organizations; and |
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312 | 312 | | (B) the land on which the incomplete improvement |
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313 | 313 | | is located that will be reasonably necessary for the use of the |
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314 | 314 | | improvement by qualified nonprofit community business |
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315 | 315 | | organizations. |
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316 | 316 | | SECTION 16. Section 11.35(a)(2), Tax Code, is amended to |
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317 | 317 | | read as follows: |
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318 | 318 | | (2) "Qualified property" means property that: |
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319 | 319 | | (A) consists of: |
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320 | 320 | | (i) [tangible personal property used for |
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321 | 321 | | the production of income; |
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322 | 322 | | [(ii)] an improvement to real property; or |
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323 | 323 | | (ii) [(iii)] a manufactured home as that |
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324 | 324 | | term is defined by Section 1201.003, Occupations Code, that is used |
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325 | 325 | | as a dwelling, regardless of whether the owner of the manufactured |
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326 | 326 | | home elects to treat the manufactured home as real property under |
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327 | 327 | | Section 1201.2055, Occupations Code; |
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328 | 328 | | (B) is located in an area declared by the |
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329 | 329 | | governor to be a disaster area following a disaster; and |
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330 | 330 | | (C) is at least 15 percent damaged by the |
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331 | 331 | | disaster, as determined by the chief appraiser under this section[; |
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332 | 332 | | and |
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333 | 333 | | [(D) for property described by Paragraph (A)(i), |
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334 | 334 | | is the subject of a rendition statement or property report filed by |
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335 | 335 | | the property owner under Section 22.01 that demonstrates that the |
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336 | 336 | | property had taxable situs in the disaster area for the tax year in |
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337 | 337 | | which the disaster occurred]. |
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338 | 338 | | SECTION 17. Section 11.35(g), Tax Code, is amended to read |
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339 | 339 | | as follows: |
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340 | 340 | | (g) The chief appraiser shall assign to an item of qualified |
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341 | 341 | | property: |
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342 | 342 | | (1) a Level I damage assessment rating if the property |
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343 | 343 | | is at least 15 percent, but less than 30 percent, damaged, meaning |
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344 | 344 | | that the property suffered minimal damage and may continue to be |
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345 | 345 | | used as intended; |
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346 | 346 | | (2) a Level II damage assessment rating if the |
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347 | 347 | | property is at least 30 percent, but less than 60 percent, damaged, |
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348 | 348 | | meaning [which, for qualified property described by Subsection |
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349 | 349 | | (a)(2)(A)(ii) or (iii), means] that the property has suffered only |
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350 | 350 | | nonstructural damage, including nonstructural damage to the roof, |
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351 | 351 | | walls, foundation, or mechanical components, and the waterline, if |
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352 | 352 | | any, is less than 18 inches above the floor; |
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353 | 353 | | (3) a Level III damage assessment rating if the |
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354 | 354 | | property is at least 60 percent damaged but is not a total loss, |
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355 | 355 | | meaning [which, for qualified property described by Subsection |
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356 | 356 | | (a)(2)(A)(ii) or (iii), means] that the property has suffered |
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357 | 357 | | significant structural damage requiring extensive repair due to the |
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358 | 358 | | failure or partial failure of structural elements, wall elements, |
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359 | 359 | | or the foundation, or the waterline is at least 18 inches above the |
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360 | 360 | | floor; or |
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361 | 361 | | (4) a Level IV damage assessment rating if the |
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362 | 362 | | property is a total loss, meaning that repair of the property is not |
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363 | 363 | | feasible. |
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364 | 364 | | SECTION 18. Sections 11.42(b) and (d), Tax Code, are |
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365 | 365 | | amended to read as follows: |
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366 | 366 | | (b) An exemption authorized by Section 11.11 [or 11.141] is |
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367 | 367 | | effective immediately on qualification for the exemption. |
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368 | 368 | | (d) A person who acquires property after January 1 of a tax |
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369 | 369 | | year may receive an exemption authorized by Section 11.17, 11.18, |
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370 | 370 | | 11.19, 11.20, 11.21, 11.23, 11.231, or 11.30[, or 11.36] for the |
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371 | 371 | | applicable portion of that tax year immediately on qualification |
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372 | 372 | | for the exemption. |
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373 | 373 | | SECTION 19. Sections 11.43(a), (b), (c), and (e), Tax Code, |
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374 | 374 | | are amended to read as follows: |
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375 | 375 | | (a) To receive an exemption, a person claiming the |
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376 | 376 | | exemption, other than an exemption authorized by Section 11.11, |
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377 | 377 | | 11.12, or [11.14, 11.141, 11.145,] 11.146[, 11.15, 11.16, 11.161, |
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378 | 378 | | or 11.25], must apply for the exemption. To apply for an exemption, |
---|
379 | 379 | | a person must file an exemption application form with the chief |
---|
380 | 380 | | appraiser for each appraisal district in which the property subject |
---|
381 | 381 | | to the claimed exemption has situs. |
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382 | 382 | | (b) Except as provided by Subsection (c) and by Section |
---|
383 | 383 | | [Sections] 11.184 [and 11.437], a person required to apply for an |
---|
384 | 384 | | exemption must apply each year the person claims entitlement to the |
---|
385 | 385 | | exemption. |
---|
386 | 386 | | (c) An exemption provided by Section 11.13, 11.131, 11.132, |
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387 | 387 | | 11.133, 11.134, 11.17, 11.18, 11.182, 11.1827, 11.183, 11.19, |
---|
388 | 388 | | 11.20, 11.21, 11.22, 11.23(a), (h), (j), (j-1), or (m), 11.231, |
---|
389 | 389 | | [11.254,] 11.27, [11.271,] 11.29, 11.30, 11.31, [11.315,] 11.35, or |
---|
390 | 390 | | 11.36, once allowed, need not be claimed in subsequent years, and |
---|
391 | 391 | | except as otherwise provided by Subsection (e), the exemption |
---|
392 | 392 | | applies to the property until it changes ownership or the person's |
---|
393 | 393 | | qualification for the exemption changes. However, except as |
---|
394 | 394 | | provided by Subsection (r), the chief appraiser may require a |
---|
395 | 395 | | person allowed one of the exemptions in a prior year to file a new |
---|
396 | 396 | | application to confirm the person's current qualification for the |
---|
397 | 397 | | exemption by delivering a written notice that a new application is |
---|
398 | 398 | | required, accompanied by an appropriate application form, to the |
---|
399 | 399 | | person previously allowed the exemption. If the person previously |
---|
400 | 400 | | allowed the exemption is 65 years of age or older, the chief |
---|
401 | 401 | | appraiser may not cancel the exemption due to the person's failure |
---|
402 | 402 | | to file the new application unless the chief appraiser complies |
---|
403 | 403 | | with the requirements of Subsection (q), if applicable. |
---|
404 | 404 | | (e) Except as provided by Section 11.422, 11.431, 11.433, |
---|
405 | 405 | | 11.434, 11.435, or 11.439, [or 11.4391,] if a person required to |
---|
406 | 406 | | apply for an exemption in a given year fails to file timely a |
---|
407 | 407 | | completed application form, the person may not receive the |
---|
408 | 408 | | exemption for that year. |
---|
409 | 409 | | SECTION 20. Section 21.06(a), Tax Code, is amended to read |
---|
410 | 410 | | as follows: |
---|
411 | 411 | | (a) Except as provided by Section 21.08 [Sections 21.07 |
---|
412 | 412 | | through 21.09 of this code], intangible property is taxable by a |
---|
413 | 413 | | taxing unit if the owner of the property resides in the taxing unit |
---|
414 | 414 | | on January 1, unless the property normally is used in this state for |
---|
415 | 415 | | business purposes outside the taxing unit. In that event, the |
---|
416 | 416 | | intangible property is taxable by each taxing unit in which the |
---|
417 | 417 | | property normally is used for business purposes. |
---|
418 | 418 | | SECTION 21. Sections 22.01(a), (b), (c), (c-2), (f), and |
---|
419 | 419 | | (g), Tax Code, are amended to read as follows: |
---|
420 | 420 | | (a) [Except as provided by Chapter 24, a person shall render |
---|
421 | 421 | | for taxation all tangible personal property used for the production |
---|
422 | 422 | | of income that the person owns or that the person manages and |
---|
423 | 423 | | controls as a fiduciary on January 1.] A rendition statement shall |
---|
424 | 424 | | contain: |
---|
425 | 425 | | (1) the name and address of the property owner; |
---|
426 | 426 | | (2) a description of the property by type or category; |
---|
427 | 427 | | (3) [if the property is inventory, a description of |
---|
428 | 428 | | each type of inventory and a general estimate of the quantity of |
---|
429 | 429 | | each type of inventory; |
---|
430 | 430 | | [(4)] the physical location or taxable situs of the |
---|
431 | 431 | | property; and |
---|
432 | 432 | | (4) [(5)] the property owner's good faith estimate of |
---|
433 | 433 | | the market value of the property or, at the option of the property |
---|
434 | 434 | | owner, the historical cost when new and the year of acquisition of |
---|
435 | 435 | | the property. |
---|
436 | 436 | | (b) When required by the chief appraiser, a person shall |
---|
437 | 437 | | render for taxation any [other] taxable property that the person |
---|
438 | 438 | | [he] owns or that the person [he] manages and controls as a |
---|
439 | 439 | | fiduciary on January 1. |
---|
440 | 440 | | (c) A person may render for taxation any property that the |
---|
441 | 441 | | person [he] owns or that the person [he] manages and controls as a |
---|
442 | 442 | | fiduciary on January 1, although the person [he] is not required to |
---|
443 | 443 | | render it by Subsection [(a) or] (b) [of this section]. |
---|
444 | 444 | | (c-2) With the consent of the property owner, a secured |
---|
445 | 445 | | party may render for taxation any property of the property owner in |
---|
446 | 446 | | which the secured party has a security interest on January 1, |
---|
447 | 447 | | although the secured party is not required to render the property by |
---|
448 | 448 | | Subsection [(a) or] (b). This subsection applies only to property |
---|
449 | 449 | | that has a historical cost when new of more than $50,000. |
---|
450 | 450 | | (f) Notwithstanding Subsection [Subsections] (a) [and (b)], |
---|
451 | 451 | | a rendition statement of a person who owns [tangible personal] |
---|
452 | 452 | | property [used for the production of income] located in the |
---|
453 | 453 | | appraisal district that, in the owner's opinion, has an aggregate |
---|
454 | 454 | | value of less than $20,000 is required to contain only: |
---|
455 | 455 | | (1) the name and address of the property owner; |
---|
456 | 456 | | (2) a general description of the property by type or |
---|
457 | 457 | | category; and |
---|
458 | 458 | | (3) the physical location or taxable situs of the |
---|
459 | 459 | | property. |
---|
460 | 460 | | (g) A person's good faith estimate of the market value of |
---|
461 | 461 | | the property under Subsection (a)(4) [(a)(5)] is solely for the |
---|
462 | 462 | | purpose of compliance with any [the] requirement to render |
---|
463 | 463 | | [tangible personal] property and is inadmissible in any subsequent |
---|
464 | 464 | | protest, hearing, appeal, suit, or other proceeding under this |
---|
465 | 465 | | title involving the property, except for: |
---|
466 | 466 | | (1) a proceeding to determine whether the person |
---|
467 | 467 | | complied with this section; |
---|
468 | 468 | | (2) a proceeding under Section 22.29(b); or |
---|
469 | 469 | | (3) a protest under Section 41.41. |
---|
470 | 470 | | SECTION 22. Section 22.02, Tax Code, is amended to read as |
---|
471 | 471 | | follows: |
---|
472 | 472 | | Sec. 22.02. RENDITION OF PROPERTY LOSING EXEMPTION DURING |
---|
473 | 473 | | TAX YEAR [OR FOR WHICH EXEMPTION APPLICATION IS DENIED]. [(a)] If |
---|
474 | 474 | | an exemption applicable to a property on January 1 terminates |
---|
475 | 475 | | during the tax year, the person who owns or acquires the property on |
---|
476 | 476 | | the date applicability of the exemption terminates shall render the |
---|
477 | 477 | | property for taxation within 30 days after the date of termination. |
---|
478 | 478 | | [(b) If the chief appraiser denies an application for an |
---|
479 | 479 | | exemption for property described by Section 22.01(a), the person |
---|
480 | 480 | | who owns the property on the date the application is denied shall |
---|
481 | 481 | | render the property for taxation in the manner provided by Section |
---|
482 | 482 | | 22.01 within 30 days after the date of denial.] |
---|
483 | 483 | | SECTION 23. Section 22.05, Tax Code, is amended to read as |
---|
484 | 484 | | follows: |
---|
485 | 485 | | Sec. 22.05. RENDITION BY RAILROAD. (a) A [In addition to |
---|
486 | 486 | | other reports required by Chapter 24 of this code, a] railroad |
---|
487 | 487 | | corporation shall render the real property the railroad corporation |
---|
488 | 488 | | owns or possesses as of January 1. |
---|
489 | 489 | | (b) The rendition shall: |
---|
490 | 490 | | (1) list all real property other than the property |
---|
491 | 491 | | covered by Subdivision (2) [of this subsection]; and |
---|
492 | 492 | | (2) list the number of miles of railroad together with |
---|
493 | 493 | | the market value per mile, which value shall include right-of-way, |
---|
494 | 494 | | roadbed, superstructure, and all buildings and improvements used in |
---|
495 | 495 | | the operation of the railroad[; and |
---|
496 | 496 | | [(3) list all personal property as required by Section |
---|
497 | 497 | | 22.01 of this code]. |
---|
498 | 498 | | SECTION 24. The heading to Section 22.07, Tax Code, is |
---|
499 | 499 | | amended to read as follows: |
---|
500 | 500 | | Sec. 22.07. STATEMENT INDICATING HOW VALUE RENDERED |
---|
501 | 501 | | [INSPECTION OF PROPERTY]. |
---|
502 | 502 | | SECTION 25. Section 22.07, Tax Code, is amended by amending |
---|
503 | 503 | | Subsection (c) and adding Subsection (c-1) to read as follows: |
---|
504 | 504 | | (c) The chief appraiser may request, either in writing or by |
---|
505 | 505 | | electronic means, that the property owner provide a statement |
---|
506 | 506 | | containing supporting information indicating how the value |
---|
507 | 507 | | rendered under Section 22.01(a)(4) [22.01(a)(5)] was determined. |
---|
508 | 508 | | The statement must: |
---|
509 | 509 | | (1) summarize information sufficient to identify the |
---|
510 | 510 | | property, including: |
---|
511 | 511 | | (A) the physical and economic characteristics |
---|
512 | 512 | | relevant to the opinion of value, if appropriate; and |
---|
513 | 513 | | (B) the source of the information used; |
---|
514 | 514 | | (2) state the effective date of the opinion of value; |
---|
515 | 515 | | and |
---|
516 | 516 | | (3) explain the basis of the value rendered. |
---|
517 | 517 | | (c-1) If the property owner is a business with 50 employees |
---|
518 | 518 | | or less, the property owner may base the estimate of value on the |
---|
519 | 519 | | depreciation schedules used for federal income tax purposes. |
---|
520 | 520 | | SECTION 26. Section 22.24(e), Tax Code, is amended to read |
---|
521 | 521 | | as follows: |
---|
522 | 522 | | (e) To be valid, a rendition or report must be sworn to |
---|
523 | 523 | | before an officer authorized by law to administer an oath. The |
---|
524 | 524 | | comptroller may not prescribe or approve a rendition or report form |
---|
525 | 525 | | unless the form provides for the person filing the form to swear |
---|
526 | 526 | | that the information provided in the rendition or report is true and |
---|
527 | 527 | | accurate to the best of the person's knowledge and belief. This |
---|
528 | 528 | | subsection does not apply to a rendition or report filed: |
---|
529 | 529 | | (1) by a secured party, as defined by Section 22.01; |
---|
530 | 530 | | (2) by the property owner; |
---|
531 | 531 | | (3) by an employee of the property owner; or |
---|
532 | 532 | | (4) by an employee of a property owner on behalf of an |
---|
533 | 533 | | affiliated entity of the property owner[; or |
---|
534 | 534 | | [(5) on behalf of a property owner who is rendering |
---|
535 | 535 | | tangible personal property used for the production of income and |
---|
536 | 536 | | whose good faith estimate of the market value of that property is |
---|
537 | 537 | | not more than $150,000]. |
---|
538 | 538 | | SECTION 27. Section 23.014, Tax Code, is amended to read as |
---|
539 | 539 | | follows: |
---|
540 | 540 | | Sec. 23.014. EXCLUSION OF PROPERTY AS REAL PROPERTY. In |
---|
541 | 541 | | [Except as provided by Section 23.24(b), in] determining the market |
---|
542 | 542 | | value of real property, the chief appraiser shall analyze the |
---|
543 | 543 | | effect on that value of, and exclude from that value the value of, |
---|
544 | 544 | | any: |
---|
545 | 545 | | (1) tangible personal property, including trade |
---|
546 | 546 | | fixtures; |
---|
547 | 547 | | (2) intangible personal property; |
---|
548 | 548 | | (3) chicken coops or rabbit pens used for the |
---|
549 | 549 | | noncommercial production of food for personal consumption; or |
---|
550 | 550 | | (4) other property that is not subject to appraisal as |
---|
551 | 551 | | real property. |
---|
552 | 552 | | SECTION 28. Sections 23.12(a) and (f), Tax Code, are |
---|
553 | 553 | | amended to read as follows: |
---|
554 | 554 | | (a) The [Except as provided by Sections 23.121, 23.1241, |
---|
555 | 555 | | 23.124, and 23.127, the] market value of a real property [an] |
---|
556 | 556 | | inventory is the price for which it would sell as a unit to a |
---|
557 | 557 | | purchaser who would continue the business. A real property [An] |
---|
558 | 558 | | inventory includes [shall include] residential real property which |
---|
559 | 559 | | has never been occupied as a residence and is held for sale in the |
---|
560 | 560 | | ordinary course of a trade or business, provided that the |
---|
561 | 561 | | residential real property remains unoccupied, is not leased or |
---|
562 | 562 | | rented, and produces no income. |
---|
563 | 563 | | (f) The owner of an inventory [other than a dealer's motor |
---|
564 | 564 | | vehicle inventory as that term is defined by Section 23.121, a |
---|
565 | 565 | | dealer's heavy equipment inventory as that term is defined by |
---|
566 | 566 | | Section 23.1241, or a dealer's vessel and outboard motor inventory |
---|
567 | 567 | | as that term is defined by Section 23.124, or a retail manufactured |
---|
568 | 568 | | housing inventory as that term is defined by Section 23.127] may |
---|
569 | 569 | | elect to have the inventory appraised at its market value as of |
---|
570 | 570 | | September 1 of the year preceding the tax year to which the |
---|
571 | 571 | | appraisal applies by filing an application with the chief appraiser |
---|
572 | 572 | | requesting that the inventory be appraised as of September 1. The |
---|
573 | 573 | | application must clearly describe the inventory to which it applies |
---|
574 | 574 | | and be signed by the owner of the inventory. The application |
---|
575 | 575 | | applies to the appraisal of the inventory in each tax year that |
---|
576 | 576 | | begins after the next August 1 following the date the application is |
---|
577 | 577 | | filed with the chief appraiser unless the owner of the inventory by |
---|
578 | 578 | | written notice filed with the chief appraiser revokes the |
---|
579 | 579 | | application or the ownership of the inventory changes. A notice |
---|
580 | 580 | | revoking the application is effective for each tax year that begins |
---|
581 | 581 | | after the next September following the date the notice of |
---|
582 | 582 | | revocation is filed with the chief appraiser. |
---|
583 | 583 | | SECTION 29. Sections 25.25(e) and (m), Tax Code, are |
---|
584 | 584 | | amended to read as follows: |
---|
585 | 585 | | (e) If the chief appraiser and the property owner do not |
---|
586 | 586 | | agree to the correction before the 15th day after the date the |
---|
587 | 587 | | motion is filed, a party bringing a motion under Subsection (c)[, |
---|
588 | 588 | | (c-1),] or (d) is entitled on request to a hearing on and a |
---|
589 | 589 | | determination of the motion by the appraisal review board. A party |
---|
590 | 590 | | bringing a motion under this section must describe the error or |
---|
591 | 591 | | errors that the motion is seeking to correct. If a request for |
---|
592 | 592 | | hearing is made on or after January 1 but before September 1, the |
---|
593 | 593 | | appraisal review board shall schedule the hearing to be held as soon |
---|
594 | 594 | | as practicable but not later than the 90th day after the date the |
---|
595 | 595 | | board approves the appraisal records as provided by Section 41.12. |
---|
596 | 596 | | If a request for hearing is made on or after September 1 but before |
---|
597 | 597 | | January 1 of the following tax year, the appraisal review board |
---|
598 | 598 | | shall schedule the hearing to be held as soon as practicable but not |
---|
599 | 599 | | later than the 90th day after the date the request for the hearing |
---|
600 | 600 | | is made. Not later than 15 days before the date of the hearing, the |
---|
601 | 601 | | board shall deliver written notice of the date, time, and place of |
---|
602 | 602 | | the hearing to the chief appraiser, the property owner, and the |
---|
603 | 603 | | presiding officer of the governing body of each taxing unit in which |
---|
604 | 604 | | the property is located. The chief appraiser, the property owner, |
---|
605 | 605 | | and each taxing unit are entitled to present evidence and argument |
---|
606 | 606 | | at the hearing and to receive written notice of the board's |
---|
607 | 607 | | determination of the motion. The property owner is entitled to |
---|
608 | 608 | | elect to present the owner's evidence and argument before, after, |
---|
609 | 609 | | or between the cases presented by the chief appraiser and each |
---|
610 | 610 | | taxing unit. A property owner who files the motion must comply with |
---|
611 | 611 | | the payment requirements of Section 25.26 or forfeit the right to a |
---|
612 | 612 | | final determination of the motion. |
---|
613 | 613 | | (m) The hearing on a motion under Subsection (c)[, (c-1),] |
---|
614 | 614 | | or (d) shall be conducted in the manner provided by Subchapter C, |
---|
615 | 615 | | Chapter 41. |
---|
616 | 616 | | SECTION 30. Sections 26.012(6) and (15), Tax Code, are |
---|
617 | 617 | | amended to read as follows: |
---|
618 | 618 | | (6) "Current total value" means the total taxable |
---|
619 | 619 | | value of property listed on the appraisal roll for the current year, |
---|
620 | 620 | | including all appraisal roll supplements and corrections as of the |
---|
621 | 621 | | date of the calculation, less the taxable value of property |
---|
622 | 622 | | exempted for the current tax year for the first time under Section |
---|
623 | 623 | | 11.31 [or 11.315], except that: |
---|
624 | 624 | | (A) the current total value for a school district |
---|
625 | 625 | | excludes: |
---|
626 | 626 | | (i) the total value of homesteads that |
---|
627 | 627 | | qualify for a tax limitation as provided by Section 11.26; |
---|
628 | 628 | | (ii) new property value of property that is |
---|
629 | 629 | | subject to an agreement entered into under former Subchapter B or C, |
---|
630 | 630 | | Chapter 313; and |
---|
631 | 631 | | (iii) new property value of property that |
---|
632 | 632 | | is subject to an agreement entered into under Subchapter T, Chapter |
---|
633 | 633 | | 403, Government Code; and |
---|
634 | 634 | | (B) the current total value for a county, |
---|
635 | 635 | | municipality, or junior college district excludes the total value |
---|
636 | 636 | | of homesteads that qualify for a tax limitation provided by Section |
---|
637 | 637 | | 11.261. |
---|
638 | 638 | | (15) "Lost property levy" means the amount of taxes |
---|
639 | 639 | | levied in the preceding year on property value that was taxable in |
---|
640 | 640 | | the preceding year but is not taxable in the current year because |
---|
641 | 641 | | the property is exempt in the current year under a provision of this |
---|
642 | 642 | | code other than Section [11.251, 11.253, or] 11.35, the property |
---|
643 | 643 | | has qualified for special appraisal under Chapter 23 in the current |
---|
644 | 644 | | year, or the property is located in territory that has ceased to be |
---|
645 | 645 | | a part of the taxing unit since the preceding year. |
---|
646 | 646 | | SECTION 31. Section 26.09(b), Tax Code, is amended to read |
---|
647 | 647 | | as follows: |
---|
648 | 648 | | (b) [The county assessor-collector shall add the properties |
---|
649 | 649 | | and their values certified to him as provided by Chapter 24 of this |
---|
650 | 650 | | code to the appraisal roll for county tax purposes.] The county |
---|
651 | 651 | | assessor-collector shall use the appraisal roll certified to the |
---|
652 | 652 | | county assessor-collector [him] as provided by Section 26.01 [with |
---|
653 | 653 | | the added properties and values] to calculate county taxes. |
---|
654 | 654 | | SECTION 32. Section 31.032(a), Tax Code, is amended to read |
---|
655 | 655 | | as follows: |
---|
656 | 656 | | (a) This section applies only to: |
---|
657 | 657 | | (1) real property that: |
---|
658 | 658 | | (A) is: |
---|
659 | 659 | | (i) the residence homestead of the owner or |
---|
660 | 660 | | consists of property that is used for residential purposes and that |
---|
661 | 661 | | has fewer than five living units; or |
---|
662 | 662 | | (ii) owned or leased by a business entity |
---|
663 | 663 | | that had not more than the amount calculated as provided by |
---|
664 | 664 | | Subsection (h) in gross receipts in the entity's most recent |
---|
665 | 665 | | federal tax year or state franchise tax annual period, according to |
---|
666 | 666 | | the applicable federal income tax return or state franchise tax |
---|
667 | 667 | | report of the entity; |
---|
668 | 668 | | (B) is located in a disaster area or emergency |
---|
669 | 669 | | area; and |
---|
670 | 670 | | (C) has been damaged as a direct result of the |
---|
671 | 671 | | disaster or emergency; and |
---|
672 | 672 | | (2) [tangible personal property that is owned or |
---|
673 | 673 | | leased by a business entity described by Subdivision (1)(A)(ii); |
---|
674 | 674 | | and |
---|
675 | 675 | | [(3)] taxes that are imposed on the property by a |
---|
676 | 676 | | taxing unit before the first anniversary of the disaster or |
---|
677 | 677 | | emergency. |
---|
678 | 678 | | SECTION 33. Section 31.033(b), Tax Code, is amended to read |
---|
679 | 679 | | as follows: |
---|
680 | 680 | | (b) This section applies only to: |
---|
681 | 681 | | (1) real property that: |
---|
682 | 682 | | (A) is owned or leased by a business entity that |
---|
683 | 683 | | had not more than the amount calculated as provided by Section |
---|
684 | 684 | | 31.032(h) in gross receipts in the entity's most recent federal tax |
---|
685 | 685 | | year or state franchise tax annual period, according to the |
---|
686 | 686 | | applicable federal income tax return or state franchise tax report |
---|
687 | 687 | | of the entity; |
---|
688 | 688 | | (B) is located in a disaster area or emergency |
---|
689 | 689 | | area; and |
---|
690 | 690 | | (C) has not been damaged as a direct result of the |
---|
691 | 691 | | disaster or emergency; and |
---|
692 | 692 | | (2) [tangible personal property that is owned or |
---|
693 | 693 | | leased by a business entity described by Subdivision (1)(A); and |
---|
694 | 694 | | [(3)] taxes that are imposed on the property by a |
---|
695 | 695 | | taxing unit before the first anniversary of the disaster or |
---|
696 | 696 | | emergency. |
---|
697 | 697 | | SECTION 34. Section 41.44(a), Tax Code, is amended to read |
---|
698 | 698 | | as follows: |
---|
699 | 699 | | (a) Except as provided by Subsections (b), (c), (c-1), and |
---|
700 | 700 | | (c-2), to be entitled to a hearing and determination of a protest, |
---|
701 | 701 | | the property owner initiating the protest must file a written |
---|
702 | 702 | | notice of the protest with the appraisal review board having |
---|
703 | 703 | | authority to hear the matter protested: |
---|
704 | 704 | | (1) not later than May 15 or the 30th day after the |
---|
705 | 705 | | date that notice to the property owner was delivered to the property |
---|
706 | 706 | | owner as provided by Section 25.19, whichever is later; |
---|
707 | 707 | | (2) in the case of a protest of a change in the |
---|
708 | 708 | | appraisal records ordered as provided by Subchapter A of this |
---|
709 | 709 | | chapter or by Chapter 25, not later than the 30th day after the date |
---|
710 | 710 | | notice of the change is delivered to the property owner; |
---|
711 | 711 | | (3) in the case of a determination that a change in the |
---|
712 | 712 | | use of land appraised under Subchapter C, D, E, or H, Chapter 23, |
---|
713 | 713 | | has occurred, not later than the 30th day after the date the notice |
---|
714 | 714 | | of the determination is delivered to the property owner; or |
---|
715 | 715 | | (4) [in the case of a determination of eligibility for |
---|
716 | 716 | | a refund under Section 23.1243, not later than the 30th day after |
---|
717 | 717 | | the date the notice of the determination is delivered to the |
---|
718 | 718 | | property owner; or |
---|
719 | 719 | | [(5)] in the case of a protest of the modification or |
---|
720 | 720 | | denial of an application for an exemption under Section 11.35, or |
---|
721 | 721 | | the determination of an appropriate damage assessment rating for an |
---|
722 | 722 | | item of qualified property under that section, not later than the |
---|
723 | 723 | | 30th day after the date the property owner receives the notice |
---|
724 | 724 | | required under Section 11.45(e). |
---|
725 | 725 | | SECTION 35. Section 42.01, Tax Code, is amended to read as |
---|
726 | 726 | | follows: |
---|
727 | 727 | | Sec. 42.01. RIGHT OF APPEAL BY PROPERTY OWNER. (a) A |
---|
728 | 728 | | property owner is entitled to appeal[: |
---|
729 | 729 | | [(1)] an order of the appraisal review board |
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730 | 730 | | determining: |
---|
731 | 731 | | (1) [(A)] a protest by the property owner as provided |
---|
732 | 732 | | by Subchapter C of Chapter 41; |
---|
733 | 733 | | (2) [(B)] a motion filed under Section 25.25; |
---|
734 | 734 | | (3) [(C)] that the property owner has forfeited the |
---|
735 | 735 | | right to a final determination of a motion filed under Section 25.25 |
---|
736 | 736 | | or of a protest under Section 41.411 for failing to comply with the |
---|
737 | 737 | | prepayment requirements of Section 25.26 or 41.4115, as applicable; |
---|
738 | 738 | | or |
---|
739 | 739 | | (4) [(D) eligibility for a refund requested under |
---|
740 | 740 | | Section 23.1243; or |
---|
741 | 741 | | [(E)] that the appraisal review board lacks |
---|
742 | 742 | | jurisdiction to finally determine a protest by the property owner |
---|
743 | 743 | | under Subchapter C, Chapter 41, or a motion filed by the property |
---|
744 | 744 | | owner under Section 25.25 because the property owner failed to |
---|
745 | 745 | | comply with a requirement of Subchapter C, Chapter 41, or Section |
---|
746 | 746 | | 25.25, as applicable[; or |
---|
747 | 747 | | [(2) an order of the comptroller issued as provided by |
---|
748 | 748 | | Subchapter B, Chapter 24, apportioning among the counties the |
---|
749 | 749 | | appraised value of railroad rolling stock owned by the property |
---|
750 | 750 | | owner]. |
---|
751 | 751 | | (b) A property owner who establishes that the owner did not |
---|
752 | 752 | | forfeit the right to a final determination of a motion or of a |
---|
753 | 753 | | protest in an appeal under Subsection (a)(3) [(a)(1)(C)] is |
---|
754 | 754 | | entitled to a final determination of the court, as applicable: |
---|
755 | 755 | | (1) of the motion filed under Section 25.25; or |
---|
756 | 756 | | (2) of the protest under Section 41.411 of the failure |
---|
757 | 757 | | of the chief appraiser or appraisal review board to provide or |
---|
758 | 758 | | deliver a notice to which the property owner is entitled, and, if |
---|
759 | 759 | | failure to provide or deliver the notice is established, of a |
---|
760 | 760 | | protest made by the property owner on any other grounds of protest |
---|
761 | 761 | | authorized by this title relating to the property to which the |
---|
762 | 762 | | notice applies. |
---|
763 | 763 | | (c) A property owner who establishes that the appraisal |
---|
764 | 764 | | review board had jurisdiction to issue a final determination of the |
---|
765 | 765 | | protest by the property owner under Subchapter C, Chapter 41, or of |
---|
766 | 766 | | the motion filed by the property owner under Section 25.25 in an |
---|
767 | 767 | | appeal under Subsection (a)(4) [(a)(1)(E)] of this section is |
---|
768 | 768 | | entitled to a final determination by the court of the protest under |
---|
769 | 769 | | Subchapter C, Chapter 41, or of the motion filed under Section |
---|
770 | 770 | | 25.25. A final determination of a protest under Subchapter C, |
---|
771 | 771 | | Chapter 41, by the court under this subsection may be on any ground |
---|
772 | 772 | | of protest authorized by this title applicable to the property that |
---|
773 | 773 | | is the subject of the protest, regardless of whether the property |
---|
774 | 774 | | owner included the ground in the property owner's notice of |
---|
775 | 775 | | protest. |
---|
776 | 776 | | SECTION 36. Section 42.21(b), Tax Code, is amended to read |
---|
777 | 777 | | as follows: |
---|
778 | 778 | | (b) A petition for review brought under Section 42.02 must |
---|
779 | 779 | | be brought against the owner of the property involved in the appeal. |
---|
780 | 780 | | A petition for review brought under Section 42.031 must be brought |
---|
781 | 781 | | against the appraisal district and against the owner of the |
---|
782 | 782 | | property involved in the appeal. [A petition for review brought |
---|
783 | 783 | | under Section 42.01(a)(2) or 42.03 must be brought against the |
---|
784 | 784 | | comptroller.] Any other petition for review under this chapter |
---|
785 | 785 | | must be brought against the appraisal district. A petition for |
---|
786 | 786 | | review may not be brought against the appraisal review board. An |
---|
787 | 787 | | appraisal district may hire an attorney that represents the |
---|
788 | 788 | | district to represent the appraisal review board established for |
---|
789 | 789 | | the district to file an answer and obtain a dismissal of a suit |
---|
790 | 790 | | filed against the appraisal review board in violation of this |
---|
791 | 791 | | subsection. |
---|
792 | 792 | | SECTION 37. Section 42.22, Tax Code, as amended by Chapters |
---|
793 | 793 | | 667 (S.B. 548) and 1033 (H.B. 301), Acts of the 73rd Legislature, |
---|
794 | 794 | | Regular Session, 1993, is reenacted and amended to read as follows: |
---|
795 | 795 | | Sec. 42.22. VENUE. (a) Except as provided by Subsection |
---|
796 | 796 | | [Subsections] (b) of this section [and (c),] and by Section 42.221, |
---|
797 | 797 | | venue is in the county in which the appraisal review board that |
---|
798 | 798 | | issued the order appealed is located. |
---|
799 | 799 | | (b) Venue of an action brought under Section 42.01(a) |
---|
800 | 800 | | [42.01(1)] is in the county in which the property is located or in |
---|
801 | 801 | | the county in which the appraisal review board that issued the order |
---|
802 | 802 | | is located. |
---|
803 | 803 | | [(c) Venue is in Travis County if the order appealed was |
---|
804 | 804 | | issued by the comptroller.] |
---|
805 | 805 | | SECTION 38. Sections 151.356(a) and (c), Tax Code, are |
---|
806 | 806 | | amended to read as follows: |
---|
807 | 807 | | (a) In this section: |
---|
808 | 808 | | (1) "Environmental protection agency of the United |
---|
809 | 809 | | States" includes: |
---|
810 | 810 | | (A) the United States Department of the Interior |
---|
811 | 811 | | and any agency, bureau, or other entity established in that |
---|
812 | 812 | | department, including the Bureau of Safety and Environmental |
---|
813 | 813 | | Enforcement and the Bureau of Ocean Energy Management; and |
---|
814 | 814 | | (B) any other department, agency, bureau, or |
---|
815 | 815 | | entity of the United States that prescribes rules or regulations |
---|
816 | 816 | | described by Subdivision (3)(A). |
---|
817 | 817 | | (2) "Offshore[, "offshore] spill response containment |
---|
818 | 818 | | property" means tangible personal property: |
---|
819 | 819 | | (A) used, constructed, acquired, stored, or |
---|
820 | 820 | | installed solely as part of, or used solely for the development, |
---|
821 | 821 | | improvement, storage, deployment, repair, maintenance, or testing |
---|
822 | 822 | | of, an offshore spill response containment system that is stored |
---|
823 | 823 | | while not in use in a county bordering on the Gulf of Mexico or on a |
---|
824 | 824 | | bay or other body of water immediately adjacent to the Gulf of |
---|
825 | 825 | | Mexico [(1) described by Section 11.271(c)]; |
---|
826 | 826 | | (B) [(2)] owned or leased by an entity formed |
---|
827 | 827 | | primarily for the purpose of designing, developing, modifying, |
---|
828 | 828 | | enhancing, assembling, operating, deploying, and maintaining an |
---|
829 | 829 | | offshore spill response containment system [described by Section |
---|
830 | 830 | | 11.271(f)]; and |
---|
831 | 831 | | (C) [(3)] used or intended to be used solely in |
---|
832 | 832 | | an offshore spill response containment system [as defined by |
---|
833 | 833 | | Section 11.271(a)]. |
---|
834 | 834 | | (3) "Offshore spill response containment system" |
---|
835 | 835 | | means a marine or mobile containment system that: |
---|
836 | 836 | | (A) is designed and used or intended to be used |
---|
837 | 837 | | solely to implement a response plan that meets or exceeds rules or |
---|
838 | 838 | | regulations adopted by any environmental protection agency of the |
---|
839 | 839 | | United States, this state, or a political subdivision of this state |
---|
840 | 840 | | for the control, reduction, or monitoring of air, water, or land |
---|
841 | 841 | | pollution in the event of a blowout or loss of control of an |
---|
842 | 842 | | offshore well drilled or used for the exploration for or production |
---|
843 | 843 | | of oil or gas; |
---|
844 | 844 | | (B) has a design capability to respond to a |
---|
845 | 845 | | blowout or loss of control of an offshore well drilled or used for |
---|
846 | 846 | | the exploration for or production of oil or gas that is drilled in |
---|
847 | 847 | | more than 5,000 feet of water; |
---|
848 | 848 | | (C) is used or intended to be used solely to |
---|
849 | 849 | | respond to a blowout or loss of control of an offshore well drilled |
---|
850 | 850 | | or used for the exploration for or production of oil or gas without |
---|
851 | 851 | | regard to the depth of the water in which the well is drilled; and |
---|
852 | 852 | | (D) except for any monitoring function for which |
---|
853 | 853 | | the system may be used, is used or intended to be used as a temporary |
---|
854 | 854 | | measure to address fugitive oil, gas, sulfur, or other minerals |
---|
855 | 855 | | after a leak has occurred and is not used or intended to be used |
---|
856 | 856 | | after the leak has been contained as a continuing means of producing |
---|
857 | 857 | | oil, gas, sulfur, or other minerals. |
---|
858 | 858 | | (4) "Rules or regulations adopted by any environmental |
---|
859 | 859 | | protection agency of the United States" includes 30 C.F.R. Part 254 |
---|
860 | 860 | | and any corresponding provision or provisions of succeeding, |
---|
861 | 861 | | similar, substitute, proposed, or final federal regulations. |
---|
862 | 862 | | (c) The sale, lease, rental, storage, use, or other |
---|
863 | 863 | | consumption by an entity described by Subsection (a)(2)(B) [Section |
---|
864 | 864 | | 11.271(f)] of offshore spill response containment property used |
---|
865 | 865 | | solely for the purposes described by [Section 11.271(c) and] this |
---|
866 | 866 | | section is exempted from the taxes imposed by this chapter. |
---|
867 | 867 | | SECTION 39. Section 312.0021(b), Tax Code, is amended to |
---|
868 | 868 | | read as follows: |
---|
869 | 869 | | (b) Notwithstanding any other provision of this chapter, an |
---|
870 | 870 | | owner or lessee of a parcel of real property that is located wholly |
---|
871 | 871 | | or partly in a reinvestment zone may not receive an exemption from |
---|
872 | 872 | | taxation of any portion of the value of the parcel of real property |
---|
873 | 873 | | [or of tangible personal property located on the parcel of real |
---|
874 | 874 | | property] under a tax abatement agreement under this chapter that |
---|
875 | 875 | | is entered into on or after September 1, 2017, if, on or after that |
---|
876 | 876 | | date, a wind-powered energy device is installed or constructed on |
---|
877 | 877 | | the same parcel of real property at a location that is within 25 |
---|
878 | 878 | | nautical miles of the boundaries of a military aviation facility |
---|
879 | 879 | | located in this state. The prohibition provided by this section |
---|
880 | 880 | | applies regardless of whether the wind-powered energy device is |
---|
881 | 881 | | installed or constructed at a location that is in the reinvestment |
---|
882 | 882 | | zone. |
---|
883 | 883 | | SECTION 40. Section 312.007(a), Tax Code, is amended to |
---|
884 | 884 | | read as follows: |
---|
885 | 885 | | (a) In this section, "abatement period" means the period |
---|
886 | 886 | | during which all or a portion of the value of real property [or |
---|
887 | 887 | | tangible personal property] that is the subject of a tax abatement |
---|
888 | 888 | | agreement is exempt from taxation. |
---|
889 | 889 | | SECTION 41. Sections 312.204(a), (e), and (g), Tax Code, |
---|
890 | 890 | | are amended to read as follows: |
---|
891 | 891 | | (a) The governing body of a municipality eligible to enter |
---|
892 | 892 | | into tax abatement agreements under Section 312.002 may agree in |
---|
893 | 893 | | writing with the owner of taxable real property that is located in a |
---|
894 | 894 | | reinvestment zone, but that is not in an improvement project |
---|
895 | 895 | | financed by tax increment bonds, to exempt from taxation a portion |
---|
896 | 896 | | of the value of the real property [or of tangible personal property |
---|
897 | 897 | | located on the real property, or both,] for a period not to exceed |
---|
898 | 898 | | 10 years, on the condition that the owner of the property make |
---|
899 | 899 | | specific improvements or repairs to the property. The governing |
---|
900 | 900 | | body of an eligible municipality may agree in writing with the owner |
---|
901 | 901 | | of a leasehold interest in tax-exempt real property that is located |
---|
902 | 902 | | in a reinvestment zone, but that is not in an improvement project |
---|
903 | 903 | | financed by tax increment bonds, to exempt a portion of the value of |
---|
904 | 904 | | property subject to ad valorem taxation, including the leasehold |
---|
905 | 905 | | interest or [,] improvements [, or tangible personal property] |
---|
906 | 906 | | located on the real property, for a period not to exceed 10 years, |
---|
907 | 907 | | on the condition that the owner of the leasehold interest make |
---|
908 | 908 | | specific improvements or repairs to the real property. A tax |
---|
909 | 909 | | abatement agreement under this section is subject to the rights of |
---|
910 | 910 | | holders of outstanding bonds of the municipality. An agreement |
---|
911 | 911 | | exempting taxable real property or leasehold interests or |
---|
912 | 912 | | improvements on tax-exempt real property may provide for the |
---|
913 | 913 | | exemption of such taxable interests in each year covered by the |
---|
914 | 914 | | agreement only to the extent its value for that year exceeds its |
---|
915 | 915 | | value for the year in which the agreement is executed. [An |
---|
916 | 916 | | agreement exempting tangible personal property located on taxable |
---|
917 | 917 | | or tax-exempt real property may provide for the exemption of |
---|
918 | 918 | | tangible personal property located on the real property in each |
---|
919 | 919 | | year covered by the agreement other than tangible personal property |
---|
920 | 920 | | that was located on the real property at any time before the period |
---|
921 | 921 | | covered by the agreement with the municipality, including inventory |
---|
922 | 922 | | and supplies.] In a municipality that has a comprehensive zoning |
---|
923 | 923 | | ordinance, an improvement, repair, development, or redevelopment |
---|
924 | 924 | | taking place under an agreement under this section must conform to |
---|
925 | 925 | | the comprehensive zoning ordinance. |
---|
926 | 926 | | (e) The governing body of a municipality eligible to enter |
---|
927 | 927 | | into tax abatement agreements under Section 312.002 may agree in |
---|
928 | 928 | | writing with the owner or lessee of real property that is located in |
---|
929 | 929 | | a reinvestment zone to exempt from taxation for a period not to |
---|
930 | 930 | | exceed 10 years a portion of the value of the real property [or of |
---|
931 | 931 | | personal property, or both,] located within the zone and owned or |
---|
932 | 932 | | leased by a certificated air carrier, on the condition that the |
---|
933 | 933 | | certificated air carrier make specific real property improvements |
---|
934 | 934 | | or lease for a term of 10 years or more real property improvements |
---|
935 | 935 | | located within the reinvestment zone. An agreement may provide for |
---|
936 | 936 | | the exemption of the real property in each year covered by the |
---|
937 | 937 | | agreement to the extent its value for that year exceeds its value |
---|
938 | 938 | | for the year in which the agreement is executed. [An agreement may |
---|
939 | 939 | | provide for the exemption of the personal property owned or leased |
---|
940 | 940 | | by a certificated air carrier located within the reinvestment zone |
---|
941 | 941 | | in each year covered by the agreement other than specific personal |
---|
942 | 942 | | property that was located within the reinvestment zone at any time |
---|
943 | 943 | | before the period covered by the agreement with the municipality.] |
---|
944 | 944 | | (g) Notwithstanding the other provisions of this chapter, |
---|
945 | 945 | | the governing body of a municipality eligible to enter into tax |
---|
946 | 946 | | abatement agreements under Section 312.002 may agree in writing |
---|
947 | 947 | | with the owner of real property that is located in a reinvestment |
---|
948 | 948 | | zone to exempt from taxation for a period not to exceed five years a |
---|
949 | 949 | | portion of the value of the real property [or of tangible personal |
---|
950 | 950 | | property located on the real property, or both,] that is used to |
---|
951 | 951 | | provide housing for military personnel employed at a military |
---|
952 | 952 | | facility located in or near the municipality. An agreement may |
---|
953 | 953 | | provide for the exemption of the real property in each year covered |
---|
954 | 954 | | by the agreement only to the extent its value for that year exceeds |
---|
955 | 955 | | its value for the year in which the agreement is executed. [An |
---|
956 | 956 | | agreement may provide for the exemption of tangible personal |
---|
957 | 957 | | property located on the real property in each year covered by the |
---|
958 | 958 | | agreement other than tangible personal property that was located on |
---|
959 | 959 | | the real property at any time before the period covered by the |
---|
960 | 960 | | agreement with the municipality and other than inventory or |
---|
961 | 961 | | supplies.] The governing body of the municipality may adopt |
---|
962 | 962 | | guidelines and criteria for tax abatement agreements entered into |
---|
963 | 963 | | under this subsection that are different from the guidelines and |
---|
964 | 964 | | criteria that apply to tax abatement agreements entered into under |
---|
965 | 965 | | another provision of this section. Tax abatement agreements |
---|
966 | 966 | | entered into under this subsection are not required to contain |
---|
967 | 967 | | identical terms for the portion of the value of the property that is |
---|
968 | 968 | | to be exempt or for the duration of the exemption as tax abatement |
---|
969 | 969 | | agreements entered into with the owners of property in the |
---|
970 | 970 | | reinvestment zone under another provision of this section. |
---|
971 | 971 | | SECTION 42. Section 312.210(b), Tax Code, is amended to |
---|
972 | 972 | | read as follows: |
---|
973 | 973 | | (b) A tax abatement agreement with the owner of real |
---|
974 | 974 | | property [or tangible personal property] that is located in the |
---|
975 | 975 | | reinvestment zone described by Subsection (a) and in a school |
---|
976 | 976 | | district that has a local revenue level that does not exceed the |
---|
977 | 977 | | level established under Section 48.257, Education Code, must exempt |
---|
978 | 978 | | from taxation: |
---|
979 | 979 | | (1) the portion of the value of the property in the |
---|
980 | 980 | | amount specified in the joint agreement among the municipality, |
---|
981 | 981 | | county, and junior college district; and |
---|
982 | 982 | | (2) an amount equal to 10 percent of the maximum |
---|
983 | 983 | | portion of the value of the property that may under Section |
---|
984 | 984 | | 312.204(a) be otherwise exempted from taxation. |
---|
985 | 985 | | SECTION 43. Section 312.211(a), Tax Code, is amended to |
---|
986 | 986 | | read as follows: |
---|
987 | 987 | | (a) This section applies only to [: |
---|
988 | 988 | | [(1)] real property: |
---|
989 | 989 | | (1) [(A)] that is located in a reinvestment zone; |
---|
990 | 990 | | (2) [(B)] that is not in an improvement project |
---|
991 | 991 | | financed by tax increment bonds; and |
---|
992 | 992 | | (3) [(C)] that is the subject of a voluntary cleanup |
---|
993 | 993 | | agreement under Section 361.606, Health and Safety Code [; and |
---|
994 | 994 | | [(2) tangible personal property located on the real |
---|
995 | 995 | | property]. |
---|
996 | 996 | | SECTION 44. Sections 312.402(a), (a-1), and (a-3), Tax |
---|
997 | 997 | | Code, are amended to read as follows: |
---|
998 | 998 | | (a) The commissioners court may execute a tax abatement |
---|
999 | 999 | | agreement with the owner of taxable real property located in a |
---|
1000 | 1000 | | reinvestment zone designated under this subchapter [or with the |
---|
1001 | 1001 | | owner of tangible personal property located on real property in a |
---|
1002 | 1002 | | reinvestment zone] to exempt from taxation all or a portion of the |
---|
1003 | 1003 | | value of the real property [, all or a portion of the value of the |
---|
1004 | 1004 | | tangible personal property located on the real property, or all or a |
---|
1005 | 1005 | | portion of the value of both]. |
---|
1006 | 1006 | | (a-1) The commissioners court may execute a tax abatement |
---|
1007 | 1007 | | agreement with the owner of a leasehold interest in tax-exempt real |
---|
1008 | 1008 | | property located in a reinvestment zone designated under this |
---|
1009 | 1009 | | subchapter to exempt all or a portion of the value of the leasehold |
---|
1010 | 1010 | | interest in the real property. The court may execute a tax |
---|
1011 | 1011 | | abatement agreement with the owner of [tangible personal property |
---|
1012 | 1012 | | or] an improvement located on tax-exempt real property that is |
---|
1013 | 1013 | | located in a designated reinvestment zone to exempt all or a portion |
---|
1014 | 1014 | | of the value of the [tangible personal property or] improvement |
---|
1015 | 1015 | | located on the real property. |
---|
1016 | 1016 | | (a-3) The commissioners court may execute a tax abatement |
---|
1017 | 1017 | | agreement with a lessee of taxable real property located in a |
---|
1018 | 1018 | | reinvestment zone designated under this subchapter to exempt from |
---|
1019 | 1019 | | taxation all or a portion of the value of the fixtures, |
---|
1020 | 1020 | | improvements, or other real property owned by the lessee and |
---|
1021 | 1021 | | located on the property that is subject to the lease [, all or a |
---|
1022 | 1022 | | portion of the value of tangible personal property owned by the |
---|
1023 | 1023 | | lessee and located on the real property that is the subject of the |
---|
1024 | 1024 | | lease, or all or a portion of the value of both the fixtures, |
---|
1025 | 1025 | | improvements, or other real property and the tangible personal |
---|
1026 | 1026 | | property described by this subsection]. |
---|
1027 | 1027 | | SECTION 45. Section 71.041(5), Agriculture Code, is amended |
---|
1028 | 1028 | | to read as follows: |
---|
1029 | 1029 | | (5) "Nursery stock weather protection unit" means a |
---|
1030 | 1030 | | plant cover consisting of a series of removable, portable metal |
---|
1031 | 1031 | | hoops, covered by nonreusable plastic sheeting, shade cloth, or |
---|
1032 | 1032 | | other similar removable material, used exclusively for protecting |
---|
1033 | 1033 | | nursery products from weather elements. A nursery stock weather |
---|
1034 | 1034 | | protection unit is an implement of husbandry for all purposes[, |
---|
1035 | 1035 | | including Article VIII, Section 19a, of the Texas Constitution]. |
---|
1036 | 1036 | | SECTION 46. Section 93.001(2), Business & Commerce Code, is |
---|
1037 | 1037 | | amended to read as follows: |
---|
1038 | 1038 | | (2) "Heavy equipment" means self-propelled, |
---|
1039 | 1039 | | self-powered, or pull-type equipment, including farm equipment or a |
---|
1040 | 1040 | | diesel engine, that weighs at least 1,500 pounds and is intended to |
---|
1041 | 1041 | | be used for agricultural, construction, industrial, maritime, |
---|
1042 | 1042 | | mining, or forestry uses. The term does not include a motor |
---|
1043 | 1043 | | vehicle that is required by: |
---|
1044 | 1044 | | (A) Chapter 501, Transportation Code, to be |
---|
1045 | 1045 | | titled; or |
---|
1046 | 1046 | | (B) Chapter 502, Transportation Code, to be |
---|
1047 | 1047 | | registered [has the meaning assigned by Section 23.1241, Tax Code]. |
---|
1048 | 1048 | | SECTION 47. Sections 89.003(a) and (b), Finance Code, are |
---|
1049 | 1049 | | amended to read as follows: |
---|
1050 | 1050 | | (a) Each association and each federal association shall |
---|
1051 | 1051 | | render for ad valorem taxation all of its personal property, other |
---|
1052 | 1052 | | than tangible personal property [furniture, fixtures, equipment, |
---|
1053 | 1053 | | and automobiles], as a whole at the value remaining after deducting |
---|
1054 | 1054 | | the following from the total value of its entire assets: |
---|
1055 | 1055 | | (1) all debts that it owes; |
---|
1056 | 1056 | | (2) all tax-free securities that it owns; |
---|
1057 | 1057 | | (3) its loss reserves and surplus; |
---|
1058 | 1058 | | (4) its savings liability; [and] |
---|
1059 | 1059 | | (5) the appraised value of its [furniture, fixtures, |
---|
1060 | 1060 | | and] real property; and |
---|
1061 | 1061 | | (6) the value of its tangible personal property. |
---|
1062 | 1062 | | (b) The association or federal association shall render the |
---|
1063 | 1063 | | personal property, other than tangible personal property |
---|
1064 | 1064 | | [furniture, fixtures, equipment, and automobiles], to the chief |
---|
1065 | 1065 | | appraiser of the appraisal district in the county in which its |
---|
1066 | 1066 | | principal office is located. |
---|
1067 | 1067 | | SECTION 48. Sections 403.302(d) and (i), Government Code, |
---|
1068 | 1068 | | as effective until January 1, 2027, are amended to read as follows: |
---|
1069 | 1069 | | (d) For the purposes of this section, "taxable value" means |
---|
1070 | 1070 | | the market value of all taxable property less: |
---|
1071 | 1071 | | (1) the total dollar amount of any residence homestead |
---|
1072 | 1072 | | exemptions lawfully granted under Section 11.13(b) or (c), Tax |
---|
1073 | 1073 | | Code, in the year that is the subject of the study for each school |
---|
1074 | 1074 | | district; |
---|
1075 | 1075 | | (2) one-half of the total dollar amount of any |
---|
1076 | 1076 | | residence homestead exemptions granted under Section 11.13(n), Tax |
---|
1077 | 1077 | | Code, in the year that is the subject of the study for each school |
---|
1078 | 1078 | | district; |
---|
1079 | 1079 | | (3) the total dollar amount of any exemptions granted |
---|
1080 | 1080 | | before May 31, 1993, within a reinvestment zone under agreements |
---|
1081 | 1081 | | authorized by Chapter 312, Tax Code; |
---|
1082 | 1082 | | (4) subject to Subsection (e), the total dollar amount |
---|
1083 | 1083 | | of any captured appraised value of property that: |
---|
1084 | 1084 | | (A) is within a reinvestment zone created on or |
---|
1085 | 1085 | | before May 31, 1999, or is proposed to be included within the |
---|
1086 | 1086 | | boundaries of a reinvestment zone as the boundaries of the zone and |
---|
1087 | 1087 | | the proposed portion of tax increment paid into the tax increment |
---|
1088 | 1088 | | fund by a school district are described in a written notification |
---|
1089 | 1089 | | provided by the municipality or the board of directors of the zone |
---|
1090 | 1090 | | to the governing bodies of the other taxing units in the manner |
---|
1091 | 1091 | | provided by former Section 311.003(e), Tax Code, before May 31, |
---|
1092 | 1092 | | 1999, and within the boundaries of the zone as those boundaries |
---|
1093 | 1093 | | existed on September 1, 1999, including subsequent improvements to |
---|
1094 | 1094 | | the property regardless of when made; |
---|
1095 | 1095 | | (B) generates taxes paid into a tax increment |
---|
1096 | 1096 | | fund created under Chapter 311, Tax Code, under a reinvestment zone |
---|
1097 | 1097 | | financing plan approved under Section 311.011(d), Tax Code, on or |
---|
1098 | 1098 | | before September 1, 1999; and |
---|
1099 | 1099 | | (C) is eligible for tax increment financing under |
---|
1100 | 1100 | | Chapter 311, Tax Code; |
---|
1101 | 1101 | | (5) the total dollar amount of any captured appraised |
---|
1102 | 1102 | | value of property that: |
---|
1103 | 1103 | | (A) is within a reinvestment zone: |
---|
1104 | 1104 | | (i) created on or before December 31, 2008, |
---|
1105 | 1105 | | by a municipality with a population of less than 18,000; and |
---|
1106 | 1106 | | (ii) the project plan for which includes |
---|
1107 | 1107 | | the alteration, remodeling, repair, or reconstruction of a |
---|
1108 | 1108 | | structure that is included on the National Register of Historic |
---|
1109 | 1109 | | Places and requires that a portion of the tax increment of the zone |
---|
1110 | 1110 | | be used for the improvement or construction of related facilities |
---|
1111 | 1111 | | or for affordable housing; |
---|
1112 | 1112 | | (B) generates school district taxes that are paid |
---|
1113 | 1113 | | into a tax increment fund created under Chapter 311, Tax Code; and |
---|
1114 | 1114 | | (C) is eligible for tax increment financing under |
---|
1115 | 1115 | | Chapter 311, Tax Code; |
---|
1116 | 1116 | | (6) [the total dollar amount of any exemptions granted |
---|
1117 | 1117 | | under Section 11.251 or 11.253, Tax Code; |
---|
1118 | 1118 | | [(7)] the difference between the comptroller's |
---|
1119 | 1119 | | estimate of the market value and the productivity value of land that |
---|
1120 | 1120 | | qualifies for appraisal on the basis of its productive capacity, |
---|
1121 | 1121 | | except that the productivity value estimated by the comptroller may |
---|
1122 | 1122 | | not exceed the fair market value of the land; |
---|
1123 | 1123 | | (7) [(8)] the portion of the appraised value of |
---|
1124 | 1124 | | residence homesteads of individuals who receive a tax limitation |
---|
1125 | 1125 | | under Section 11.26, Tax Code, on which school district taxes are |
---|
1126 | 1126 | | not imposed in the year that is the subject of the study, calculated |
---|
1127 | 1127 | | as if the residence homesteads were appraised at the full value |
---|
1128 | 1128 | | required by law; |
---|
1129 | 1129 | | (8) [(9)] a portion of the market value of property |
---|
1130 | 1130 | | not otherwise fully taxable by the district at market value because |
---|
1131 | 1131 | | of action required by statute or the constitution of this state[, |
---|
1132 | 1132 | | other than Section 11.311, Tax Code,] that, if the tax rate adopted |
---|
1133 | 1133 | | by the district is applied to it, produces an amount equal to the |
---|
1134 | 1134 | | difference between the tax that the district would have imposed on |
---|
1135 | 1135 | | the property if the property were fully taxable at market value and |
---|
1136 | 1136 | | the tax that the district is actually authorized to impose on the |
---|
1137 | 1137 | | property, if this subsection does not otherwise require that |
---|
1138 | 1138 | | portion to be deducted; |
---|
1139 | 1139 | | (9) [(10) the market value of all tangible personal |
---|
1140 | 1140 | | property, other than manufactured homes, owned by a family or |
---|
1141 | 1141 | | individual and not held or used for the production of income; |
---|
1142 | 1142 | | [(11)] the appraised value of property the collection |
---|
1143 | 1143 | | of delinquent taxes on which is deferred under Section 33.06, Tax |
---|
1144 | 1144 | | Code; |
---|
1145 | 1145 | | (10) [(12)] the portion of the appraised value of |
---|
1146 | 1146 | | property the collection of delinquent taxes on which is deferred |
---|
1147 | 1147 | | under Section 33.065, Tax Code; |
---|
1148 | 1148 | | (11) [(13)] the amount by which the market value of |
---|
1149 | 1149 | | property to which Section 23.23 or 23.231, Tax Code, applies |
---|
1150 | 1150 | | exceeds the appraised value of that property as calculated under |
---|
1151 | 1151 | | Section 23.23 or 23.231, Tax Code, as applicable; and |
---|
1152 | 1152 | | (12) [(14)] the total dollar amount of any exemptions |
---|
1153 | 1153 | | granted under Section 11.35, Tax Code. |
---|
1154 | 1154 | | (i) If the comptroller determines in the study that the |
---|
1155 | 1155 | | market value of property in a school district as determined by the |
---|
1156 | 1156 | | appraisal district that appraises property for the school district, |
---|
1157 | 1157 | | less the total of the amounts and values listed in Subsection (d) as |
---|
1158 | 1158 | | determined by that appraisal district, is valid, the comptroller, |
---|
1159 | 1159 | | in determining the taxable value of property in the school district |
---|
1160 | 1160 | | under Subsection (d), shall for purposes of Subsection (d)(11) |
---|
1161 | 1161 | | [(d)(13)] subtract from the market value as determined by the |
---|
1162 | 1162 | | appraisal district of properties to which Section 23.23 or 23.231, |
---|
1163 | 1163 | | Tax Code, applies the amount by which that amount exceeds the |
---|
1164 | 1164 | | appraised value of those properties as calculated by the appraisal |
---|
1165 | 1165 | | district under Section 23.23 or 23.231, Tax Code, as |
---|
1166 | 1166 | | applicable. If the comptroller determines in the study that the |
---|
1167 | 1167 | | market value of property in a school district as determined by the |
---|
1168 | 1168 | | appraisal district that appraises property for the school district, |
---|
1169 | 1169 | | less the total of the amounts and values listed in Subsection (d) as |
---|
1170 | 1170 | | determined by that appraisal district, is not valid, the |
---|
1171 | 1171 | | comptroller, in determining the taxable value of property in the |
---|
1172 | 1172 | | school district under Subsection (d), shall for purposes of |
---|
1173 | 1173 | | Subsection (d)(11) [(d)(13)] subtract from the market value as |
---|
1174 | 1174 | | estimated by the comptroller of properties to which Section 23.23 |
---|
1175 | 1175 | | or 23.231, Tax Code, applies the amount by which that amount exceeds |
---|
1176 | 1176 | | the appraised value of those properties as calculated by the |
---|
1177 | 1177 | | appraisal district under Section 23.23 or 23.231, Tax Code, as |
---|
1178 | 1178 | | applicable. |
---|
1179 | 1179 | | SECTION 49. Sections 403.302(d) and (i), Government Code, |
---|
1180 | 1180 | | as effective January 1, 2027, are amended to read as follows: |
---|
1181 | 1181 | | (d) For the purposes of this section, "taxable value" means |
---|
1182 | 1182 | | the market value of all taxable property less: |
---|
1183 | 1183 | | (1) the total dollar amount of any residence homestead |
---|
1184 | 1184 | | exemptions lawfully granted under Section 11.13(b) or (c), Tax |
---|
1185 | 1185 | | Code, in the year that is the subject of the study for each school |
---|
1186 | 1186 | | district; |
---|
1187 | 1187 | | (2) one-half of the total dollar amount of any |
---|
1188 | 1188 | | residence homestead exemptions granted under Section 11.13(n), Tax |
---|
1189 | 1189 | | Code, in the year that is the subject of the study for each school |
---|
1190 | 1190 | | district; |
---|
1191 | 1191 | | (3) the total dollar amount of any exemptions granted |
---|
1192 | 1192 | | before May 31, 1993, within a reinvestment zone under agreements |
---|
1193 | 1193 | | authorized by Chapter 312, Tax Code; |
---|
1194 | 1194 | | (4) subject to Subsection (e), the total dollar amount |
---|
1195 | 1195 | | of any captured appraised value of property that: |
---|
1196 | 1196 | | (A) is within a reinvestment zone created on or |
---|
1197 | 1197 | | before May 31, 1999, or is proposed to be included within the |
---|
1198 | 1198 | | boundaries of a reinvestment zone as the boundaries of the zone and |
---|
1199 | 1199 | | the proposed portion of tax increment paid into the tax increment |
---|
1200 | 1200 | | fund by a school district are described in a written notification |
---|
1201 | 1201 | | provided by the municipality or the board of directors of the zone |
---|
1202 | 1202 | | to the governing bodies of the other taxing units in the manner |
---|
1203 | 1203 | | provided by former Section 311.003(e), Tax Code, before May 31, |
---|
1204 | 1204 | | 1999, and within the boundaries of the zone as those boundaries |
---|
1205 | 1205 | | existed on September 1, 1999, including subsequent improvements to |
---|
1206 | 1206 | | the property regardless of when made; |
---|
1207 | 1207 | | (B) generates taxes paid into a tax increment |
---|
1208 | 1208 | | fund created under Chapter 311, Tax Code, under a reinvestment zone |
---|
1209 | 1209 | | financing plan approved under Section 311.011(d), Tax Code, on or |
---|
1210 | 1210 | | before September 1, 1999; and |
---|
1211 | 1211 | | (C) is eligible for tax increment financing under |
---|
1212 | 1212 | | Chapter 311, Tax Code; |
---|
1213 | 1213 | | (5) the total dollar amount of any captured appraised |
---|
1214 | 1214 | | value of property that: |
---|
1215 | 1215 | | (A) is within a reinvestment zone: |
---|
1216 | 1216 | | (i) created on or before December 31, 2008, |
---|
1217 | 1217 | | by a municipality with a population of less than 18,000; and |
---|
1218 | 1218 | | (ii) the project plan for which includes |
---|
1219 | 1219 | | the alteration, remodeling, repair, or reconstruction of a |
---|
1220 | 1220 | | structure that is included on the National Register of Historic |
---|
1221 | 1221 | | Places and requires that a portion of the tax increment of the zone |
---|
1222 | 1222 | | be used for the improvement or construction of related facilities |
---|
1223 | 1223 | | or for affordable housing; |
---|
1224 | 1224 | | (B) generates school district taxes that are paid |
---|
1225 | 1225 | | into a tax increment fund created under Chapter 311, Tax Code; and |
---|
1226 | 1226 | | (C) is eligible for tax increment financing under |
---|
1227 | 1227 | | Chapter 311, Tax Code; |
---|
1228 | 1228 | | (6) [the total dollar amount of any exemptions granted |
---|
1229 | 1229 | | under Section 11.251 or 11.253, Tax Code; |
---|
1230 | 1230 | | [(7)] the difference between the comptroller's |
---|
1231 | 1231 | | estimate of the market value and the productivity value of land that |
---|
1232 | 1232 | | qualifies for appraisal on the basis of its productive capacity, |
---|
1233 | 1233 | | except that the productivity value estimated by the comptroller may |
---|
1234 | 1234 | | not exceed the fair market value of the land; |
---|
1235 | 1235 | | (7) [(8)] the portion of the appraised value of |
---|
1236 | 1236 | | residence homesteads of individuals who receive a tax limitation |
---|
1237 | 1237 | | under Section 11.26, Tax Code, on which school district taxes are |
---|
1238 | 1238 | | not imposed in the year that is the subject of the study, calculated |
---|
1239 | 1239 | | as if the residence homesteads were appraised at the full value |
---|
1240 | 1240 | | required by law; |
---|
1241 | 1241 | | (8) [(9)] a portion of the market value of property |
---|
1242 | 1242 | | not otherwise fully taxable by the district at market value because |
---|
1243 | 1243 | | of action required by statute or the constitution of this state[, |
---|
1244 | 1244 | | other than Section 11.311, Tax Code,] that, if the tax rate adopted |
---|
1245 | 1245 | | by the district is applied to it, produces an amount equal to the |
---|
1246 | 1246 | | difference between the tax that the district would have imposed on |
---|
1247 | 1247 | | the property if the property were fully taxable at market value and |
---|
1248 | 1248 | | the tax that the district is actually authorized to impose on the |
---|
1249 | 1249 | | property, if this subsection does not otherwise require that |
---|
1250 | 1250 | | portion to be deducted; |
---|
1251 | 1251 | | (9) [(10) the market value of all tangible personal |
---|
1252 | 1252 | | property, other than manufactured homes, owned by a family or |
---|
1253 | 1253 | | individual and not held or used for the production of income; |
---|
1254 | 1254 | | [(11)] the appraised value of property the collection |
---|
1255 | 1255 | | of delinquent taxes on which is deferred under Section 33.06, Tax |
---|
1256 | 1256 | | Code; |
---|
1257 | 1257 | | (10) [(12)] the portion of the appraised value of |
---|
1258 | 1258 | | property the collection of delinquent taxes on which is deferred |
---|
1259 | 1259 | | under Section 33.065, Tax Code; |
---|
1260 | 1260 | | (11) [(13)] the amount by which the market value of a |
---|
1261 | 1261 | | residence homestead to which Section 23.23, Tax Code, applies |
---|
1262 | 1262 | | exceeds the appraised value of that property as calculated under |
---|
1263 | 1263 | | that section; and |
---|
1264 | 1264 | | (12) [(14)] the total dollar amount of any exemptions |
---|
1265 | 1265 | | granted under Section 11.35, Tax Code. |
---|
1266 | 1266 | | (i) If the comptroller determines in the study that the |
---|
1267 | 1267 | | market value of property in a school district as determined by the |
---|
1268 | 1268 | | appraisal district that appraises property for the school district, |
---|
1269 | 1269 | | less the total of the amounts and values listed in Subsection (d) as |
---|
1270 | 1270 | | determined by that appraisal district, is valid, the comptroller, |
---|
1271 | 1271 | | in determining the taxable value of property in the school district |
---|
1272 | 1272 | | under Subsection (d), shall for purposes of Subsection (d)(11) |
---|
1273 | 1273 | | [(d)(13)] subtract from the market value as determined by the |
---|
1274 | 1274 | | appraisal district of residence homesteads to which Section 23.23, |
---|
1275 | 1275 | | Tax Code, applies the amount by which that amount exceeds the |
---|
1276 | 1276 | | appraised value of those properties as calculated by the appraisal |
---|
1277 | 1277 | | district under Section 23.23, Tax Code. If the comptroller |
---|
1278 | 1278 | | determines in the study that the market value of property in a |
---|
1279 | 1279 | | school district as determined by the appraisal district that |
---|
1280 | 1280 | | appraises property for the school district, less the total of the |
---|
1281 | 1281 | | amounts and values listed in Subsection (d) as determined by that |
---|
1282 | 1282 | | appraisal district, is not valid, the comptroller, in determining |
---|
1283 | 1283 | | the taxable value of property in the school district under |
---|
1284 | 1284 | | Subsection (d), shall for purposes of Subsection (d)(11) [(d)(13)] |
---|
1285 | 1285 | | subtract from the market value as estimated by the comptroller of |
---|
1286 | 1286 | | residence homesteads to which Section 23.23, Tax Code, applies the |
---|
1287 | 1287 | | amount by which that amount exceeds the appraised value of those |
---|
1288 | 1288 | | properties as calculated by the appraisal district under Section |
---|
1289 | 1289 | | 23.23, Tax Code. |
---|
1290 | 1290 | | SECTION 50. Section 403.602(9), Government Code, as added |
---|
1291 | 1291 | | by Chapter 377 (H.B. 5), Acts of the 88th Legislature, Regular |
---|
1292 | 1292 | | Session, 2023, is amended to read as follows: |
---|
1293 | 1293 | | (9) "Eligible property" means property that: |
---|
1294 | 1294 | | (A) is used as part of an eligible project that is |
---|
1295 | 1295 | | wholly owned by an applicant or leased by an applicant under a |
---|
1296 | 1296 | | capitalized lease; and |
---|
1297 | 1297 | | (B) consists of[: |
---|
1298 | 1298 | | [(A)] a new building or expansion of an existing |
---|
1299 | 1299 | | building, including a permanent, nonremovable component of a |
---|
1300 | 1300 | | building, that is: |
---|
1301 | 1301 | | (i) constructed after the date the |
---|
1302 | 1302 | | agreement pertaining to the project is entered into; and |
---|
1303 | 1303 | | (ii) located in an area designated as a |
---|
1304 | 1304 | | reinvestment zone under Chapter 311 or 312, Tax Code, or as an |
---|
1305 | 1305 | | enterprise zone under Chapter 2303 of this code, at the time the |
---|
1306 | 1306 | | agreement pertaining to the project is entered into[; or |
---|
1307 | 1307 | | [(B) tangible personal property, other than |
---|
1308 | 1308 | | inventory, first located in the zone described by Paragraph (A)(ii) |
---|
1309 | 1309 | | after the date the agreement pertaining to the project is entered |
---|
1310 | 1310 | | into]. |
---|
1311 | 1311 | | SECTION 51. Section 503.038(a), Transportation Code, as |
---|
1312 | 1312 | | effective July 1, 2025, is amended to read as follows: |
---|
1313 | 1313 | | (a) The department may cancel a dealer's general |
---|
1314 | 1314 | | distinguishing number if the dealer: |
---|
1315 | 1315 | | (1) falsifies or forges a title document, including an |
---|
1316 | 1316 | | affidavit making application for a certified copy of a title; |
---|
1317 | 1317 | | (2) files a false or forged tax document, including a |
---|
1318 | 1318 | | sales tax affidavit; |
---|
1319 | 1319 | | (3) fails to take assignment of any basic evidence of |
---|
1320 | 1320 | | ownership, including a certificate of title or manufacturer's |
---|
1321 | 1321 | | certificate, for a vehicle the dealer acquires; |
---|
1322 | 1322 | | (4) fails to assign any basic evidence of ownership, |
---|
1323 | 1323 | | including a certificate of title or manufacturer's certificate, for |
---|
1324 | 1324 | | a vehicle the dealer sells; |
---|
1325 | 1325 | | (5) uses or permits the use of a dealer's license plate |
---|
1326 | 1326 | | on a vehicle that the dealer does not own or control or that is not |
---|
1327 | 1327 | | in stock and offered for sale; |
---|
1328 | 1328 | | (6) makes a material misrepresentation in an |
---|
1329 | 1329 | | application or other information filed with the department; |
---|
1330 | 1330 | | (7) fails to maintain the qualifications for a general |
---|
1331 | 1331 | | distinguishing number; |
---|
1332 | 1332 | | (8) fails to provide to the department within 30 days |
---|
1333 | 1333 | | after the date of demand by the department satisfactory and |
---|
1334 | 1334 | | reasonable evidence that the person is regularly and actively |
---|
1335 | 1335 | | engaged in business as a wholesale or retail dealer; |
---|
1336 | 1336 | | (9) has been licensed for at least 12 months and has |
---|
1337 | 1337 | | not assigned at least five vehicles during the previous 12-month |
---|
1338 | 1338 | | period; |
---|
1339 | 1339 | | (10) [has failed to demonstrate compliance with |
---|
1340 | 1340 | | Sections 23.12, 23.121, and 23.122, Tax Code; |
---|
1341 | 1341 | | [(11)] uses or allows the use of the dealer's general |
---|
1342 | 1342 | | distinguishing number or the location for which the general |
---|
1343 | 1343 | | distinguishing number is issued to avoid the requirements of this |
---|
1344 | 1344 | | chapter; or |
---|
1345 | 1345 | | (11) [(12)] otherwise violates this chapter or a rule |
---|
1346 | 1346 | | adopted under this chapter. |
---|
1347 | 1347 | | SECTION 52. (a) The following provisions of the Tax Code |
---|
1348 | 1348 | | are repealed: |
---|
1349 | 1349 | | (1) Section 6.24(c); |
---|
1350 | 1350 | | (2) Sections 11.01(c), (d), and (e); |
---|
1351 | 1351 | | (3) Section 11.11(h); |
---|
1352 | 1352 | | (4) Section 11.14; |
---|
1353 | 1353 | | (5) Section 11.141; |
---|
1354 | 1354 | | (6) Section 11.145; |
---|
1355 | 1355 | | (7) Section 11.15; |
---|
1356 | 1356 | | (8) Section 11.16; |
---|
1357 | 1357 | | (9) Section 11.161; |
---|
1358 | 1358 | | (10) Section 11.23(f); |
---|
1359 | 1359 | | (11) Section 11.25; |
---|
1360 | 1360 | | (12) Section 11.251; |
---|
1361 | 1361 | | (13) Section 11.252; |
---|
1362 | 1362 | | (14) Section 11.253; |
---|
1363 | 1363 | | (15) Section 11.254; |
---|
1364 | 1364 | | (16) Section 11.27(a-1); |
---|
1365 | 1365 | | (17) Section 11.271; |
---|
1366 | 1366 | | (18) Section 11.311; |
---|
1367 | 1367 | | (19) Section 11.315; |
---|
1368 | 1368 | | (20) Section 11.33; |
---|
1369 | 1369 | | (21) Section 11.36, as added by Chapter 364 (S.B. |
---|
1370 | 1370 | | 2289), Acts of the 88th Legislature, Regular Session, 2023; |
---|
1371 | 1371 | | (22) Section 11.437; |
---|
1372 | 1372 | | (23) Section 11.4391; |
---|
1373 | 1373 | | (24) Section 21.02; |
---|
1374 | 1374 | | (25) Section 21.021; |
---|
1375 | 1375 | | (26) Section 21.03; |
---|
1376 | 1376 | | (27) Section 21.031; |
---|
1377 | 1377 | | (28) Section 21.04; |
---|
1378 | 1378 | | (29) Section 21.05; |
---|
1379 | 1379 | | (30) Section 21.055; |
---|
1380 | 1380 | | (31) Section 21.07; |
---|
1381 | 1381 | | (32) Section 21.09; |
---|
1382 | 1382 | | (33) Section 21.10; |
---|
1383 | 1383 | | (34) Sections 22.01(e), (i), (j), (k), and (m); |
---|
1384 | 1384 | | (35) Sections 22.04(b), (c), and (d); |
---|
1385 | 1385 | | (36) Sections 22.07(a) and (b); |
---|
1386 | 1386 | | (37) Section 23.121; |
---|
1387 | 1387 | | (38) Section 23.1211; |
---|
1388 | 1388 | | (39) Section 23.122; |
---|
1389 | 1389 | | (40) Section 23.123; |
---|
1390 | 1390 | | (41) Section 23.124; |
---|
1391 | 1391 | | (42) Section 23.1241; |
---|
1392 | 1392 | | (43) Section 23.1242; |
---|
1393 | 1393 | | (44) Section 23.1243; |
---|
1394 | 1394 | | (45) Section 23.125; |
---|
1395 | 1395 | | (46) Section 23.126; |
---|
1396 | 1396 | | (47) Section 23.127; |
---|
1397 | 1397 | | (48) Section 23.128; |
---|
1398 | 1398 | | (49) Section 23.129; |
---|
1399 | 1399 | | (50) Section 23.24; |
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1400 | 1400 | | (51) Chapter 24; |
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1401 | 1401 | | (52) Section 25.25(c-1); |
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1402 | 1402 | | (53) Section 33.11; |
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1403 | 1403 | | (54) Section 41.413(a); |
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1404 | 1404 | | (55) Section 41.47(c-1); |
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1405 | 1405 | | (56) Section 42.03; and |
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1406 | 1406 | | (57) Section 42.05. |
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1407 | 1407 | | (b) Sections 49.302(b) and 49.304, Education Code, are |
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1408 | 1408 | | repealed. |
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1409 | 1409 | | (c) Section 89.003(c), Finance Code, is repealed. |
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1410 | 1410 | | (d) Sections 379B.011(c), (d), and (e) and 507.201(b), |
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1411 | 1411 | | Local Government Code, are repealed. |
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1412 | 1412 | | (e) Sections 3501.004(c), (d), and (e), Special District |
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1413 | 1413 | | Local Laws Code, are repealed. |
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1414 | 1414 | | SECTION 53. Sections 23.121, 23.122, 23.123, 23.124, |
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1415 | 1415 | | 23.125, 23.126, 23.127, and 23.128, Tax Code, as repealed by this |
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1416 | 1416 | | Act, apply only to an offense committed before the effective date of |
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1417 | 1417 | | this Act. An offense committed before the effective date of this Act |
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1418 | 1418 | | is governed by the law in effect on the date the offense was |
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1419 | 1419 | | committed, and the former law is continued in effect for that |
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1420 | 1420 | | purpose. For purposes of this section, an offense was committed |
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1421 | 1421 | | before the effective date of this Act if any element of the offense |
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1422 | 1422 | | occurred before that date. |
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1423 | 1423 | | SECTION 54. The changes made to Section 25.25, Tax Code, by |
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1424 | 1424 | | this Act apply only to a motion to correct an appraisal roll filed |
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1425 | 1425 | | on or after the effective date of this Act. A motion to correct an |
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1426 | 1426 | | appraisal roll filed before the effective date of this Act is |
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1427 | 1427 | | governed by the law in effect on the date the motion was filed, and |
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1428 | 1428 | | the former law is continued in effect for that purpose. |
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1429 | 1429 | | SECTION 55. Sections 403.302(d) and (i), Government Code, as |
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1430 | 1430 | | amended by this Act, apply only to the determination of the total |
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1431 | 1431 | | taxable value of property in a school district for a tax year that |
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1432 | 1432 | | begins on or after the effective date of this Act. The determination |
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1433 | 1433 | | of the total taxable value of property in a school district for a |
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1434 | 1434 | | tax year that begins before the effective date of this Act is |
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1435 | 1435 | | governed by the law in effect immediately before that date, and the |
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1436 | 1436 | | former law is continued in effect for that purpose. |
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1437 | 1437 | | SECTION 56. Notwithstanding the changes in law made by this |
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1438 | 1438 | | Act to the provisions of the Tax Code, Agriculture Code, Business & |
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1439 | 1439 | | Commerce Code, Finance Code, Government Code, and Transportation |
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1440 | 1440 | | Code amended by this Act and the repeal by this Act of provisions of |
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1441 | 1441 | | the Tax Code and Finance Code, each of those provisions, as it |
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1442 | 1442 | | existed immediately before January 1, 2026, is continued in effect |
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1443 | 1443 | | for the purpose of the levy and collection of an ad valorem tax on |
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1444 | 1444 | | tangible personal property imposed: |
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1445 | 1445 | | (1) before January 1, 2026; or |
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1446 | 1446 | | (2) pursuant to Section 1(b-1), Article VIII, Texas |
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1447 | 1447 | | Constitution. |
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1448 | 1448 | | SECTION 57. This Act takes effect January 1, 2026, but only |
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1449 | 1449 | | if the constitutional amendment proposed by the 89th Legislature, |
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1450 | 1450 | | Regular Session, 2025, exempting tangible personal property from ad |
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1451 | 1451 | | valorem taxation is approved by the voters. If that amendment is |
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1452 | 1452 | | not approved by the voters, this Act has no effect. |
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