Texas 2025 - 89th Regular

Texas House Bill HB3064 Compare Versions

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11 89R630 RDS-D
22 By: Metcalf H.B. No. 3064
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the exemption of tangible personal property from ad
1010 valorem taxation; making conforming changes.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 6.24(b), Tax Code, is amended to read as
1313 follows:
1414 (b) The commissioners court with the approval of the county
1515 assessor-collector may contract as provided by the Interlocal
1616 Cooperation Act with the governing body of another taxing unit in
1717 the county or with the board of directors of the appraisal district
1818 for the other taxing unit or the district to perform duties relating
1919 to the assessment or collection of taxes for the county. If a
2020 county contracts to have its taxes assessed and collected by
2121 another taxing unit or by the appraisal district, [except as
2222 provided by Subsection (c),] the contract shall require the other
2323 taxing unit or the district to assess and collect all taxes the
2424 county is required to assess and collect.
2525 SECTION 2. The heading to Section 11.01, Tax Code, is
2626 amended to read as follows:
2727 Sec. 11.01. REAL [AND TANGIBLE PERSONAL] PROPERTY.
2828 SECTION 3. Section 11.01(a), Tax Code, is amended to read as
2929 follows:
3030 (a) All real [and tangible personal] property that this
3131 state has jurisdiction to tax is taxable unless exempt by law.
3232 SECTION 4. Subchapter A, Chapter 11, Tax Code, is amended by
3333 adding Section 11.015 to read as follows:
3434 Sec. 11.015. TANGIBLE PERSONAL PROPERTY. (a) Tangible
3535 personal property is not taxable for a tax year that begins on or
3636 after January 1, 2026.
3737 (b) On and after January 1, 2026, a provision of this code or
3838 another law that would otherwise apply to the taxation of tangible
3939 personal property for a tax year that begins on or after that date
4040 has no effect for that tax year.
4141 SECTION 5. Section 11.18(a), Tax Code, is amended to read as
4242 follows:
4343 (a) An organization that qualifies as a charitable
4444 organization as provided by this section is entitled to an
4545 exemption from taxation of:
4646 (1) the buildings [and tangible personal property]
4747 that:
4848 (A) are owned by the charitable organization; and
4949 (B) except as permitted by Subsection (b), are
5050 used exclusively by qualified charitable organizations;
5151 (2) the real property owned by the charitable
5252 organization consisting of:
5353 (A) an incomplete improvement that:
5454 (i) is under active construction or other
5555 physical preparation; and
5656 (ii) is designed and intended to be used
5757 exclusively by qualified charitable organizations; and
5858 (B) the land on which the incomplete improvement
5959 is located that will be reasonably necessary for the use of the
6060 improvement by qualified charitable organizations; and
6161 (3) if the charitable organization is described by
6262 Subsection (d)(1), (2), (3)(A)(ii), (5), (8), (13), (15), or (19),
6363 the real property owned by the charitable organization consisting
6464 of an interest in a mineral in place, including a royalty interest,
6565 provided that the interest:
6666 (A) is not severed from the surface estate; or
6767 (B) was donated to the charitable organization by
6868 the previous owner of the interest.
6969 SECTION 6. Section 11.181(c), Tax Code, is amended to read
7070 as follows:
7171 (c) An organization entitled to an exemption under
7272 Subsection (a) is also entitled to an exemption from taxation of any
7373 building [or tangible personal property] the organization owns and
7474 uses in the administration of its acquisition, building, repair, or
7575 sale of property. To qualify for an exemption under this
7676 subsection, property must be used exclusively by the charitable
7777 organization, except that another individual or organization may
7878 use the property for activities incidental to the charitable
7979 organization's use that benefit the beneficiaries of the charitable
8080 organization.
8181 SECTION 7. Section 11.182(f), Tax Code, is amended to read
8282 as follows:
8383 (f) An organization entitled to an exemption under
8484 Subsection (b) is also entitled to an exemption from taxation of any
8585 building [or tangible personal property] the organization owns and
8686 uses in the administration of its acquisition, building, repair,
8787 sale, or rental of property. To qualify for an exemption under this
8888 subsection, property must be used exclusively by the organization,
8989 except that another person may use the property for activities
9090 incidental to the organization's use that benefit the beneficiaries
9191 of the organization.
9292 SECTION 8. Section 11.1827(d), Tax Code, is amended to read
9393 as follows:
9494 (d) A community land trust entitled to an exemption from
9595 taxation by a taxing unit under Subsection (b) is also entitled to
9696 an exemption from taxation by the taxing unit of any real [or
9797 tangible personal] property the trust owns and uses in the
9898 administration of its acquisition, construction, repair, sale, or
9999 leasing of property. To qualify for an exemption under this
100100 subsection, property must be used exclusively by the trust, except
101101 that another person may use the property for activities incidental
102102 to the trust's use that benefit the beneficiaries of the trust.
103103 SECTION 9. Section 11.184(c), Tax Code, is amended to read
104104 as follows:
105105 (c) A qualified charitable organization is entitled to an
106106 exemption from taxation of:
107107 (1) the buildings and other real property [and the
108108 tangible personal property] that:
109109 (A) are owned by the organization; and
110110 (B) except as permitted by Subsection (d), are
111111 used exclusively by the organization and other organizations
112112 eligible for an exemption from taxation under this section or
113113 Section 11.18; and
114114 (2) the real property owned by the organization
115115 consisting of:
116116 (A) an incomplete improvement that:
117117 (i) is under active construction or other
118118 physical preparation; and
119119 (ii) is designed and intended to be used
120120 exclusively by the organization and other organizations eligible
121121 for an exemption from taxation under this section or Section 11.18;
122122 and
123123 (B) the land on which the incomplete improvement
124124 is located that will be reasonably necessary for the use of the
125125 improvement by the organization and other organizations eligible
126126 for an exemption from taxation under this section or Section 11.18.
127127 SECTION 10. Section 11.185(c), Tax Code, is amended to read
128128 as follows:
129129 (c) An organization entitled to an exemption under
130130 Subsection (a) is also entitled to an exemption from taxation of any
131131 building [or tangible personal property] the organization owns and
132132 uses in the administration of its acquisition, building, repair, or
133133 sale of property. To qualify for an exemption under this
134134 subsection, property must be used exclusively by the charitable
135135 organization, except that another individual or organization may
136136 use the property for activities incidental to the charitable
137137 organization's use that benefit the beneficiaries of the charitable
138138 organization.
139139 SECTION 11. Sections 11.20(a), (d), (f), (g), (h), (j), and
140140 (k), Tax Code, are amended to read as follows:
141141 (a) An organization that qualifies as a religious
142142 organization as provided by Subsection (c) is entitled to an
143143 exemption from taxation of:
144144 (1) the real property that is owned by the religious
145145 organization, is used primarily as a place of regular religious
146146 worship, and is reasonably necessary for engaging in religious
147147 worship;
148148 (2) [the tangible personal property that is owned by
149149 the religious organization and is reasonably necessary for engaging
150150 in worship at the place of worship specified in Subdivision (1);
151151 [(3)] the real property that is owned by the religious
152152 organization and is reasonably necessary for use as a residence
153153 (but not more than one acre of land for each residence) if the
154154 property:
155155 (A) is used exclusively as a residence for those
156156 individuals whose principal occupation is to serve in the clergy of
157157 the religious organization; and
158158 (B) produces no revenue for the religious
159159 organization;
160160 (3) [(4) the tangible personal property that is owned
161161 by the religious organization and is reasonably necessary for use
162162 of the residence specified by Subdivision (3);
163163 [(5)] the real property owned by the religious
164164 organization consisting of:
165165 (A) an incomplete improvement that is under
166166 active construction or other physical preparation and that is
167167 designed and intended to be used by the religious organization as a
168168 place of regular religious worship when complete; and
169169 (B) the land on which the incomplete improvement
170170 is located that will be reasonably necessary for the religious
171171 organization's use of the improvement as a place of regular
172172 religious worship;
173173 (4) [(6)] the land that the religious organization
174174 owns for the purpose of expansion of the religious organization's
175175 place of regular religious worship or construction of a new place of
176176 regular religious worship if:
177177 (A) the religious organization qualifies other
178178 property, including a portion of the same tract or parcel of land,
179179 owned by the organization for an exemption under Subdivision (1) or
180180 (3) [(5)]; and
181181 (B) the land produces no revenue for the
182182 religious organization; and
183183 (5) [(7)] the real property owned by the religious
184184 organization that is leased to another person and used by that
185185 person for the operation of a school that qualifies as a school
186186 under Section 11.21(d).
187187 (d) Use of property that qualifies for the exemption
188188 prescribed by Subsection (a)(1) or [(2) or by Subsection] (h)(1)
189189 for occasional secular purposes other than religious worship does
190190 not result in loss of the exemption if the primary use of the
191191 property is for religious worship and all income from the other use
192192 is devoted exclusively to the maintenance and development of the
193193 property as a place of religious worship.
194194 (f) A property may not be exempted under Subsection (a)(3)
195195 [(a)(5)] for more than three years.
196196 (g) For purposes of Subsection (a)(3) [(a)(5)], an
197197 incomplete improvement is under physical preparation if the
198198 religious organization has engaged in architectural or engineering
199199 work, soil testing, land clearing activities, or site improvement
200200 work necessary for the construction of the improvement or has
201201 conducted an environmental or land use study relating to the
202202 construction of the improvement.
203203 (h) Property owned by this state or a political subdivision
204204 of this state, including a leasehold or other possessory interest
205205 in the property, that is held or occupied by an organization that
206206 qualifies as a religious organization as provided by Subsection (c)
207207 is entitled to an exemption from taxation if the property:
208208 (1) is used by the organization primarily as a place of
209209 regular religious worship and is reasonably necessary for engaging
210210 in religious worship; or
211211 (2) meets the qualifications for an exemption under
212212 Subsection (a)(3) [(a)(5)].
213213 (j) A tract of land that is contiguous to the tract of land
214214 on which the religious organization's place of regular religious
215215 worship is located may not be exempted under Subsection (a)(4)
216216 [(a)(6)] for more than 10 years. A tract of land that is not
217217 contiguous to the tract of land on which the religious
218218 organization's place of regular religious worship is located may
219219 not be exempted under Subsection (a)(4) [(a)(6)] for more than
220220 three years. For purposes of this subsection, a tract of land is
221221 considered to be contiguous with another tract of land if the tracts
222222 are divided only by a road, railroad track, river, or stream.
223223 (k) For purposes of Subsection (a)(4) [(a)(6)], an
224224 application or statement accompanying an application for the
225225 exemption stating that the land is owned for the purposes described
226226 by Subsection (a)(4) [(a)(6)] and signed by an authorized officer
227227 of the organization is sufficient to establish that the land is
228228 owned for those purposes.
229229 SECTION 12. Sections 11.201(a) and (c), Tax Code, are
230230 amended to read as follows:
231231 (a) If land is sold or otherwise transferred to another
232232 person in a year in which the land receives an exemption under
233233 Section 11.20(a)(4) [11.20(a)(6)], an additional tax is imposed on
234234 the land equal to the tax that would have been imposed on the land
235235 had the land been taxed for each of the five years preceding the
236236 year in which the sale or transfer occurs in which the land received
237237 an exemption under that subsection, plus interest at an annual rate
238238 of seven percent calculated from the dates on which the taxes would
239239 have become due.
240240 (c) If only part of a parcel of land that is exempted under
241241 Section 11.20(a)(4) [11.20(a)(6)] is sold or transferred, the tax
242242 applies only to that part of the parcel and equals the taxes that
243243 would have been imposed had that part been taxed.
244244 SECTION 13. Sections 11.21(a), (b), and (f), Tax Code, are
245245 amended to read as follows:
246246 (a) A person is entitled to an exemption from taxation of:
247247 (1) the buildings [and tangible personal property]
248248 that the person owns and that are used for a school that is
249249 qualified as provided by Subsection (d) if:
250250 (A) the school is operated exclusively by the
251251 person owning the property;
252252 (B) except as permitted by Subsection (b), the
253253 buildings [and tangible personal property] are used exclusively for
254254 educational functions; and
255255 (C) the buildings [and tangible personal
256256 property] are reasonably necessary for the operation of the school;
257257 and
258258 (2) the real property owned by the person consisting
259259 of:
260260 (A) an incomplete improvement that:
261261 (i) is under active construction or other
262262 physical preparation; and
263263 (ii) is designed and intended to be used for
264264 a school that is qualified as provided by Subsection (d); and
265265 (B) the land on which the incomplete improvement
266266 is located that will be reasonably necessary for the use of the
267267 improvement for a school that is qualified as provided by
268268 Subsection (d).
269269 (b) Use of exempt [tangible] property for functions other
270270 than educational functions does not result in loss of an exemption
271271 authorized by this section if those other functions are incidental
272272 to use of the property for educational functions and benefit the
273273 students or faculty of the school.
274274 (f) Notwithstanding Subsection (a), a person is entitled to
275275 an exemption from taxation of the buildings [and tangible personal
276276 property] the person acquires for use for a school that meets each
277277 requirement of Subsection (d) if:
278278 (1) the person authorizes the former owner to continue
279279 to use the property pending the use of the property for a school;
280280 and
281281 (2) the former owner would be entitled to an exemption
282282 from taxation of the property if the former owner continued to own
283283 the property.
284284 SECTION 14. Section 11.23(m), Tax Code, is amended to read
285285 as follows:
286286 (m) National Hispanic Institute. The National Hispanic
287287 Institute is entitled to an exemption from taxation of the real [and
288288 tangible personal] property it owns as long as the organization is
289289 exempt from federal income taxation under Section 501(a), Internal
290290 Revenue Code of 1986, as an organization described by Section
291291 501(c)(3) of that code.
292292 SECTION 15. Section 11.231(b), Tax Code, is amended to read
293293 as follows:
294294 (b) An association that qualifies as a nonprofit community
295295 business organization as provided by this section is entitled to an
296296 exemption from taxation of:
297297 (1) the buildings [and tangible personal property]
298298 that:
299299 (A) are owned by the nonprofit community business
300300 organization; and
301301 (B) except as permitted by Subsection (c), are
302302 used exclusively by qualified nonprofit community business
303303 organizations to perform their primary functions; and
304304 (2) the real property owned by the nonprofit community
305305 business organization consisting of:
306306 (A) an incomplete improvement that:
307307 (i) is under active construction or other
308308 physical preparation; and
309309 (ii) is designed and intended to be used
310310 exclusively by qualified nonprofit community business
311311 organizations; and
312312 (B) the land on which the incomplete improvement
313313 is located that will be reasonably necessary for the use of the
314314 improvement by qualified nonprofit community business
315315 organizations.
316316 SECTION 16. Section 11.35(a)(2), Tax Code, is amended to
317317 read as follows:
318318 (2) "Qualified property" means property that:
319319 (A) consists of:
320320 (i) [tangible personal property used for
321321 the production of income;
322322 [(ii)] an improvement to real property; or
323323 (ii) [(iii)] a manufactured home as that
324324 term is defined by Section 1201.003, Occupations Code, that is used
325325 as a dwelling, regardless of whether the owner of the manufactured
326326 home elects to treat the manufactured home as real property under
327327 Section 1201.2055, Occupations Code;
328328 (B) is located in an area declared by the
329329 governor to be a disaster area following a disaster; and
330330 (C) is at least 15 percent damaged by the
331331 disaster, as determined by the chief appraiser under this section[;
332332 and
333333 [(D) for property described by Paragraph (A)(i),
334334 is the subject of a rendition statement or property report filed by
335335 the property owner under Section 22.01 that demonstrates that the
336336 property had taxable situs in the disaster area for the tax year in
337337 which the disaster occurred].
338338 SECTION 17. Section 11.35(g), Tax Code, is amended to read
339339 as follows:
340340 (g) The chief appraiser shall assign to an item of qualified
341341 property:
342342 (1) a Level I damage assessment rating if the property
343343 is at least 15 percent, but less than 30 percent, damaged, meaning
344344 that the property suffered minimal damage and may continue to be
345345 used as intended;
346346 (2) a Level II damage assessment rating if the
347347 property is at least 30 percent, but less than 60 percent, damaged,
348348 meaning [which, for qualified property described by Subsection
349349 (a)(2)(A)(ii) or (iii), means] that the property has suffered only
350350 nonstructural damage, including nonstructural damage to the roof,
351351 walls, foundation, or mechanical components, and the waterline, if
352352 any, is less than 18 inches above the floor;
353353 (3) a Level III damage assessment rating if the
354354 property is at least 60 percent damaged but is not a total loss,
355355 meaning [which, for qualified property described by Subsection
356356 (a)(2)(A)(ii) or (iii), means] that the property has suffered
357357 significant structural damage requiring extensive repair due to the
358358 failure or partial failure of structural elements, wall elements,
359359 or the foundation, or the waterline is at least 18 inches above the
360360 floor; or
361361 (4) a Level IV damage assessment rating if the
362362 property is a total loss, meaning that repair of the property is not
363363 feasible.
364364 SECTION 18. Sections 11.42(b) and (d), Tax Code, are
365365 amended to read as follows:
366366 (b) An exemption authorized by Section 11.11 [or 11.141] is
367367 effective immediately on qualification for the exemption.
368368 (d) A person who acquires property after January 1 of a tax
369369 year may receive an exemption authorized by Section 11.17, 11.18,
370370 11.19, 11.20, 11.21, 11.23, 11.231, or 11.30[, or 11.36] for the
371371 applicable portion of that tax year immediately on qualification
372372 for the exemption.
373373 SECTION 19. Sections 11.43(a), (b), (c), and (e), Tax Code,
374374 are amended to read as follows:
375375 (a) To receive an exemption, a person claiming the
376376 exemption, other than an exemption authorized by Section 11.11,
377377 11.12, or [11.14, 11.141, 11.145,] 11.146[, 11.15, 11.16, 11.161,
378378 or 11.25], must apply for the exemption. To apply for an exemption,
379379 a person must file an exemption application form with the chief
380380 appraiser for each appraisal district in which the property subject
381381 to the claimed exemption has situs.
382382 (b) Except as provided by Subsection (c) and by Section
383383 [Sections] 11.184 [and 11.437], a person required to apply for an
384384 exemption must apply each year the person claims entitlement to the
385385 exemption.
386386 (c) An exemption provided by Section 11.13, 11.131, 11.132,
387387 11.133, 11.134, 11.17, 11.18, 11.182, 11.1827, 11.183, 11.19,
388388 11.20, 11.21, 11.22, 11.23(a), (h), (j), (j-1), or (m), 11.231,
389389 [11.254,] 11.27, [11.271,] 11.29, 11.30, 11.31, [11.315,] 11.35, or
390390 11.36, once allowed, need not be claimed in subsequent years, and
391391 except as otherwise provided by Subsection (e), the exemption
392392 applies to the property until it changes ownership or the person's
393393 qualification for the exemption changes. However, except as
394394 provided by Subsection (r), the chief appraiser may require a
395395 person allowed one of the exemptions in a prior year to file a new
396396 application to confirm the person's current qualification for the
397397 exemption by delivering a written notice that a new application is
398398 required, accompanied by an appropriate application form, to the
399399 person previously allowed the exemption. If the person previously
400400 allowed the exemption is 65 years of age or older, the chief
401401 appraiser may not cancel the exemption due to the person's failure
402402 to file the new application unless the chief appraiser complies
403403 with the requirements of Subsection (q), if applicable.
404404 (e) Except as provided by Section 11.422, 11.431, 11.433,
405405 11.434, 11.435, or 11.439, [or 11.4391,] if a person required to
406406 apply for an exemption in a given year fails to file timely a
407407 completed application form, the person may not receive the
408408 exemption for that year.
409409 SECTION 20. Section 21.06(a), Tax Code, is amended to read
410410 as follows:
411411 (a) Except as provided by Section 21.08 [Sections 21.07
412412 through 21.09 of this code], intangible property is taxable by a
413413 taxing unit if the owner of the property resides in the taxing unit
414414 on January 1, unless the property normally is used in this state for
415415 business purposes outside the taxing unit. In that event, the
416416 intangible property is taxable by each taxing unit in which the
417417 property normally is used for business purposes.
418418 SECTION 21. Sections 22.01(a), (b), (c), (c-2), (f), and
419419 (g), Tax Code, are amended to read as follows:
420420 (a) [Except as provided by Chapter 24, a person shall render
421421 for taxation all tangible personal property used for the production
422422 of income that the person owns or that the person manages and
423423 controls as a fiduciary on January 1.] A rendition statement shall
424424 contain:
425425 (1) the name and address of the property owner;
426426 (2) a description of the property by type or category;
427427 (3) [if the property is inventory, a description of
428428 each type of inventory and a general estimate of the quantity of
429429 each type of inventory;
430430 [(4)] the physical location or taxable situs of the
431431 property; and
432432 (4) [(5)] the property owner's good faith estimate of
433433 the market value of the property or, at the option of the property
434434 owner, the historical cost when new and the year of acquisition of
435435 the property.
436436 (b) When required by the chief appraiser, a person shall
437437 render for taxation any [other] taxable property that the person
438438 [he] owns or that the person [he] manages and controls as a
439439 fiduciary on January 1.
440440 (c) A person may render for taxation any property that the
441441 person [he] owns or that the person [he] manages and controls as a
442442 fiduciary on January 1, although the person [he] is not required to
443443 render it by Subsection [(a) or] (b) [of this section].
444444 (c-2) With the consent of the property owner, a secured
445445 party may render for taxation any property of the property owner in
446446 which the secured party has a security interest on January 1,
447447 although the secured party is not required to render the property by
448448 Subsection [(a) or] (b). This subsection applies only to property
449449 that has a historical cost when new of more than $50,000.
450450 (f) Notwithstanding Subsection [Subsections] (a) [and (b)],
451451 a rendition statement of a person who owns [tangible personal]
452452 property [used for the production of income] located in the
453453 appraisal district that, in the owner's opinion, has an aggregate
454454 value of less than $20,000 is required to contain only:
455455 (1) the name and address of the property owner;
456456 (2) a general description of the property by type or
457457 category; and
458458 (3) the physical location or taxable situs of the
459459 property.
460460 (g) A person's good faith estimate of the market value of
461461 the property under Subsection (a)(4) [(a)(5)] is solely for the
462462 purpose of compliance with any [the] requirement to render
463463 [tangible personal] property and is inadmissible in any subsequent
464464 protest, hearing, appeal, suit, or other proceeding under this
465465 title involving the property, except for:
466466 (1) a proceeding to determine whether the person
467467 complied with this section;
468468 (2) a proceeding under Section 22.29(b); or
469469 (3) a protest under Section 41.41.
470470 SECTION 22. Section 22.02, Tax Code, is amended to read as
471471 follows:
472472 Sec. 22.02. RENDITION OF PROPERTY LOSING EXEMPTION DURING
473473 TAX YEAR [OR FOR WHICH EXEMPTION APPLICATION IS DENIED]. [(a)] If
474474 an exemption applicable to a property on January 1 terminates
475475 during the tax year, the person who owns or acquires the property on
476476 the date applicability of the exemption terminates shall render the
477477 property for taxation within 30 days after the date of termination.
478478 [(b) If the chief appraiser denies an application for an
479479 exemption for property described by Section 22.01(a), the person
480480 who owns the property on the date the application is denied shall
481481 render the property for taxation in the manner provided by Section
482482 22.01 within 30 days after the date of denial.]
483483 SECTION 23. Section 22.05, Tax Code, is amended to read as
484484 follows:
485485 Sec. 22.05. RENDITION BY RAILROAD. (a) A [In addition to
486486 other reports required by Chapter 24 of this code, a] railroad
487487 corporation shall render the real property the railroad corporation
488488 owns or possesses as of January 1.
489489 (b) The rendition shall:
490490 (1) list all real property other than the property
491491 covered by Subdivision (2) [of this subsection]; and
492492 (2) list the number of miles of railroad together with
493493 the market value per mile, which value shall include right-of-way,
494494 roadbed, superstructure, and all buildings and improvements used in
495495 the operation of the railroad[; and
496496 [(3) list all personal property as required by Section
497497 22.01 of this code].
498498 SECTION 24. The heading to Section 22.07, Tax Code, is
499499 amended to read as follows:
500500 Sec. 22.07. STATEMENT INDICATING HOW VALUE RENDERED
501501 [INSPECTION OF PROPERTY].
502502 SECTION 25. Section 22.07, Tax Code, is amended by amending
503503 Subsection (c) and adding Subsection (c-1) to read as follows:
504504 (c) The chief appraiser may request, either in writing or by
505505 electronic means, that the property owner provide a statement
506506 containing supporting information indicating how the value
507507 rendered under Section 22.01(a)(4) [22.01(a)(5)] was determined.
508508 The statement must:
509509 (1) summarize information sufficient to identify the
510510 property, including:
511511 (A) the physical and economic characteristics
512512 relevant to the opinion of value, if appropriate; and
513513 (B) the source of the information used;
514514 (2) state the effective date of the opinion of value;
515515 and
516516 (3) explain the basis of the value rendered.
517517 (c-1) If the property owner is a business with 50 employees
518518 or less, the property owner may base the estimate of value on the
519519 depreciation schedules used for federal income tax purposes.
520520 SECTION 26. Section 22.24(e), Tax Code, is amended to read
521521 as follows:
522522 (e) To be valid, a rendition or report must be sworn to
523523 before an officer authorized by law to administer an oath. The
524524 comptroller may not prescribe or approve a rendition or report form
525525 unless the form provides for the person filing the form to swear
526526 that the information provided in the rendition or report is true and
527527 accurate to the best of the person's knowledge and belief. This
528528 subsection does not apply to a rendition or report filed:
529529 (1) by a secured party, as defined by Section 22.01;
530530 (2) by the property owner;
531531 (3) by an employee of the property owner; or
532532 (4) by an employee of a property owner on behalf of an
533533 affiliated entity of the property owner[; or
534534 [(5) on behalf of a property owner who is rendering
535535 tangible personal property used for the production of income and
536536 whose good faith estimate of the market value of that property is
537537 not more than $150,000].
538538 SECTION 27. Section 23.014, Tax Code, is amended to read as
539539 follows:
540540 Sec. 23.014. EXCLUSION OF PROPERTY AS REAL PROPERTY. In
541541 [Except as provided by Section 23.24(b), in] determining the market
542542 value of real property, the chief appraiser shall analyze the
543543 effect on that value of, and exclude from that value the value of,
544544 any:
545545 (1) tangible personal property, including trade
546546 fixtures;
547547 (2) intangible personal property;
548548 (3) chicken coops or rabbit pens used for the
549549 noncommercial production of food for personal consumption; or
550550 (4) other property that is not subject to appraisal as
551551 real property.
552552 SECTION 28. Sections 23.12(a) and (f), Tax Code, are
553553 amended to read as follows:
554554 (a) The [Except as provided by Sections 23.121, 23.1241,
555555 23.124, and 23.127, the] market value of a real property [an]
556556 inventory is the price for which it would sell as a unit to a
557557 purchaser who would continue the business. A real property [An]
558558 inventory includes [shall include] residential real property which
559559 has never been occupied as a residence and is held for sale in the
560560 ordinary course of a trade or business, provided that the
561561 residential real property remains unoccupied, is not leased or
562562 rented, and produces no income.
563563 (f) The owner of an inventory [other than a dealer's motor
564564 vehicle inventory as that term is defined by Section 23.121, a
565565 dealer's heavy equipment inventory as that term is defined by
566566 Section 23.1241, or a dealer's vessel and outboard motor inventory
567567 as that term is defined by Section 23.124, or a retail manufactured
568568 housing inventory as that term is defined by Section 23.127] may
569569 elect to have the inventory appraised at its market value as of
570570 September 1 of the year preceding the tax year to which the
571571 appraisal applies by filing an application with the chief appraiser
572572 requesting that the inventory be appraised as of September 1. The
573573 application must clearly describe the inventory to which it applies
574574 and be signed by the owner of the inventory. The application
575575 applies to the appraisal of the inventory in each tax year that
576576 begins after the next August 1 following the date the application is
577577 filed with the chief appraiser unless the owner of the inventory by
578578 written notice filed with the chief appraiser revokes the
579579 application or the ownership of the inventory changes. A notice
580580 revoking the application is effective for each tax year that begins
581581 after the next September following the date the notice of
582582 revocation is filed with the chief appraiser.
583583 SECTION 29. Sections 25.25(e) and (m), Tax Code, are
584584 amended to read as follows:
585585 (e) If the chief appraiser and the property owner do not
586586 agree to the correction before the 15th day after the date the
587587 motion is filed, a party bringing a motion under Subsection (c)[,
588588 (c-1),] or (d) is entitled on request to a hearing on and a
589589 determination of the motion by the appraisal review board. A party
590590 bringing a motion under this section must describe the error or
591591 errors that the motion is seeking to correct. If a request for
592592 hearing is made on or after January 1 but before September 1, the
593593 appraisal review board shall schedule the hearing to be held as soon
594594 as practicable but not later than the 90th day after the date the
595595 board approves the appraisal records as provided by Section 41.12.
596596 If a request for hearing is made on or after September 1 but before
597597 January 1 of the following tax year, the appraisal review board
598598 shall schedule the hearing to be held as soon as practicable but not
599599 later than the 90th day after the date the request for the hearing
600600 is made. Not later than 15 days before the date of the hearing, the
601601 board shall deliver written notice of the date, time, and place of
602602 the hearing to the chief appraiser, the property owner, and the
603603 presiding officer of the governing body of each taxing unit in which
604604 the property is located. The chief appraiser, the property owner,
605605 and each taxing unit are entitled to present evidence and argument
606606 at the hearing and to receive written notice of the board's
607607 determination of the motion. The property owner is entitled to
608608 elect to present the owner's evidence and argument before, after,
609609 or between the cases presented by the chief appraiser and each
610610 taxing unit. A property owner who files the motion must comply with
611611 the payment requirements of Section 25.26 or forfeit the right to a
612612 final determination of the motion.
613613 (m) The hearing on a motion under Subsection (c)[, (c-1),]
614614 or (d) shall be conducted in the manner provided by Subchapter C,
615615 Chapter 41.
616616 SECTION 30. Sections 26.012(6) and (15), Tax Code, are
617617 amended to read as follows:
618618 (6) "Current total value" means the total taxable
619619 value of property listed on the appraisal roll for the current year,
620620 including all appraisal roll supplements and corrections as of the
621621 date of the calculation, less the taxable value of property
622622 exempted for the current tax year for the first time under Section
623623 11.31 [or 11.315], except that:
624624 (A) the current total value for a school district
625625 excludes:
626626 (i) the total value of homesteads that
627627 qualify for a tax limitation as provided by Section 11.26;
628628 (ii) new property value of property that is
629629 subject to an agreement entered into under former Subchapter B or C,
630630 Chapter 313; and
631631 (iii) new property value of property that
632632 is subject to an agreement entered into under Subchapter T, Chapter
633633 403, Government Code; and
634634 (B) the current total value for a county,
635635 municipality, or junior college district excludes the total value
636636 of homesteads that qualify for a tax limitation provided by Section
637637 11.261.
638638 (15) "Lost property levy" means the amount of taxes
639639 levied in the preceding year on property value that was taxable in
640640 the preceding year but is not taxable in the current year because
641641 the property is exempt in the current year under a provision of this
642642 code other than Section [11.251, 11.253, or] 11.35, the property
643643 has qualified for special appraisal under Chapter 23 in the current
644644 year, or the property is located in territory that has ceased to be
645645 a part of the taxing unit since the preceding year.
646646 SECTION 31. Section 26.09(b), Tax Code, is amended to read
647647 as follows:
648648 (b) [The county assessor-collector shall add the properties
649649 and their values certified to him as provided by Chapter 24 of this
650650 code to the appraisal roll for county tax purposes.] The county
651651 assessor-collector shall use the appraisal roll certified to the
652652 county assessor-collector [him] as provided by Section 26.01 [with
653653 the added properties and values] to calculate county taxes.
654654 SECTION 32. Section 31.032(a), Tax Code, is amended to read
655655 as follows:
656656 (a) This section applies only to:
657657 (1) real property that:
658658 (A) is:
659659 (i) the residence homestead of the owner or
660660 consists of property that is used for residential purposes and that
661661 has fewer than five living units; or
662662 (ii) owned or leased by a business entity
663663 that had not more than the amount calculated as provided by
664664 Subsection (h) in gross receipts in the entity's most recent
665665 federal tax year or state franchise tax annual period, according to
666666 the applicable federal income tax return or state franchise tax
667667 report of the entity;
668668 (B) is located in a disaster area or emergency
669669 area; and
670670 (C) has been damaged as a direct result of the
671671 disaster or emergency; and
672672 (2) [tangible personal property that is owned or
673673 leased by a business entity described by Subdivision (1)(A)(ii);
674674 and
675675 [(3)] taxes that are imposed on the property by a
676676 taxing unit before the first anniversary of the disaster or
677677 emergency.
678678 SECTION 33. Section 31.033(b), Tax Code, is amended to read
679679 as follows:
680680 (b) This section applies only to:
681681 (1) real property that:
682682 (A) is owned or leased by a business entity that
683683 had not more than the amount calculated as provided by Section
684684 31.032(h) in gross receipts in the entity's most recent federal tax
685685 year or state franchise tax annual period, according to the
686686 applicable federal income tax return or state franchise tax report
687687 of the entity;
688688 (B) is located in a disaster area or emergency
689689 area; and
690690 (C) has not been damaged as a direct result of the
691691 disaster or emergency; and
692692 (2) [tangible personal property that is owned or
693693 leased by a business entity described by Subdivision (1)(A); and
694694 [(3)] taxes that are imposed on the property by a
695695 taxing unit before the first anniversary of the disaster or
696696 emergency.
697697 SECTION 34. Section 41.44(a), Tax Code, is amended to read
698698 as follows:
699699 (a) Except as provided by Subsections (b), (c), (c-1), and
700700 (c-2), to be entitled to a hearing and determination of a protest,
701701 the property owner initiating the protest must file a written
702702 notice of the protest with the appraisal review board having
703703 authority to hear the matter protested:
704704 (1) not later than May 15 or the 30th day after the
705705 date that notice to the property owner was delivered to the property
706706 owner as provided by Section 25.19, whichever is later;
707707 (2) in the case of a protest of a change in the
708708 appraisal records ordered as provided by Subchapter A of this
709709 chapter or by Chapter 25, not later than the 30th day after the date
710710 notice of the change is delivered to the property owner;
711711 (3) in the case of a determination that a change in the
712712 use of land appraised under Subchapter C, D, E, or H, Chapter 23,
713713 has occurred, not later than the 30th day after the date the notice
714714 of the determination is delivered to the property owner; or
715715 (4) [in the case of a determination of eligibility for
716716 a refund under Section 23.1243, not later than the 30th day after
717717 the date the notice of the determination is delivered to the
718718 property owner; or
719719 [(5)] in the case of a protest of the modification or
720720 denial of an application for an exemption under Section 11.35, or
721721 the determination of an appropriate damage assessment rating for an
722722 item of qualified property under that section, not later than the
723723 30th day after the date the property owner receives the notice
724724 required under Section 11.45(e).
725725 SECTION 35. Section 42.01, Tax Code, is amended to read as
726726 follows:
727727 Sec. 42.01. RIGHT OF APPEAL BY PROPERTY OWNER. (a) A
728728 property owner is entitled to appeal[:
729729 [(1)] an order of the appraisal review board
730730 determining:
731731 (1) [(A)] a protest by the property owner as provided
732732 by Subchapter C of Chapter 41;
733733 (2) [(B)] a motion filed under Section 25.25;
734734 (3) [(C)] that the property owner has forfeited the
735735 right to a final determination of a motion filed under Section 25.25
736736 or of a protest under Section 41.411 for failing to comply with the
737737 prepayment requirements of Section 25.26 or 41.4115, as applicable;
738738 or
739739 (4) [(D) eligibility for a refund requested under
740740 Section 23.1243; or
741741 [(E)] that the appraisal review board lacks
742742 jurisdiction to finally determine a protest by the property owner
743743 under Subchapter C, Chapter 41, or a motion filed by the property
744744 owner under Section 25.25 because the property owner failed to
745745 comply with a requirement of Subchapter C, Chapter 41, or Section
746746 25.25, as applicable[; or
747747 [(2) an order of the comptroller issued as provided by
748748 Subchapter B, Chapter 24, apportioning among the counties the
749749 appraised value of railroad rolling stock owned by the property
750750 owner].
751751 (b) A property owner who establishes that the owner did not
752752 forfeit the right to a final determination of a motion or of a
753753 protest in an appeal under Subsection (a)(3) [(a)(1)(C)] is
754754 entitled to a final determination of the court, as applicable:
755755 (1) of the motion filed under Section 25.25; or
756756 (2) of the protest under Section 41.411 of the failure
757757 of the chief appraiser or appraisal review board to provide or
758758 deliver a notice to which the property owner is entitled, and, if
759759 failure to provide or deliver the notice is established, of a
760760 protest made by the property owner on any other grounds of protest
761761 authorized by this title relating to the property to which the
762762 notice applies.
763763 (c) A property owner who establishes that the appraisal
764764 review board had jurisdiction to issue a final determination of the
765765 protest by the property owner under Subchapter C, Chapter 41, or of
766766 the motion filed by the property owner under Section 25.25 in an
767767 appeal under Subsection (a)(4) [(a)(1)(E)] of this section is
768768 entitled to a final determination by the court of the protest under
769769 Subchapter C, Chapter 41, or of the motion filed under Section
770770 25.25. A final determination of a protest under Subchapter C,
771771 Chapter 41, by the court under this subsection may be on any ground
772772 of protest authorized by this title applicable to the property that
773773 is the subject of the protest, regardless of whether the property
774774 owner included the ground in the property owner's notice of
775775 protest.
776776 SECTION 36. Section 42.21(b), Tax Code, is amended to read
777777 as follows:
778778 (b) A petition for review brought under Section 42.02 must
779779 be brought against the owner of the property involved in the appeal.
780780 A petition for review brought under Section 42.031 must be brought
781781 against the appraisal district and against the owner of the
782782 property involved in the appeal. [A petition for review brought
783783 under Section 42.01(a)(2) or 42.03 must be brought against the
784784 comptroller.] Any other petition for review under this chapter
785785 must be brought against the appraisal district. A petition for
786786 review may not be brought against the appraisal review board. An
787787 appraisal district may hire an attorney that represents the
788788 district to represent the appraisal review board established for
789789 the district to file an answer and obtain a dismissal of a suit
790790 filed against the appraisal review board in violation of this
791791 subsection.
792792 SECTION 37. Section 42.22, Tax Code, as amended by Chapters
793793 667 (S.B. 548) and 1033 (H.B. 301), Acts of the 73rd Legislature,
794794 Regular Session, 1993, is reenacted and amended to read as follows:
795795 Sec. 42.22. VENUE. (a) Except as provided by Subsection
796796 [Subsections] (b) of this section [and (c),] and by Section 42.221,
797797 venue is in the county in which the appraisal review board that
798798 issued the order appealed is located.
799799 (b) Venue of an action brought under Section 42.01(a)
800800 [42.01(1)] is in the county in which the property is located or in
801801 the county in which the appraisal review board that issued the order
802802 is located.
803803 [(c) Venue is in Travis County if the order appealed was
804804 issued by the comptroller.]
805805 SECTION 38. Sections 151.356(a) and (c), Tax Code, are
806806 amended to read as follows:
807807 (a) In this section:
808808 (1) "Environmental protection agency of the United
809809 States" includes:
810810 (A) the United States Department of the Interior
811811 and any agency, bureau, or other entity established in that
812812 department, including the Bureau of Safety and Environmental
813813 Enforcement and the Bureau of Ocean Energy Management; and
814814 (B) any other department, agency, bureau, or
815815 entity of the United States that prescribes rules or regulations
816816 described by Subdivision (3)(A).
817817 (2) "Offshore[, "offshore] spill response containment
818818 property" means tangible personal property:
819819 (A) used, constructed, acquired, stored, or
820820 installed solely as part of, or used solely for the development,
821821 improvement, storage, deployment, repair, maintenance, or testing
822822 of, an offshore spill response containment system that is stored
823823 while not in use in a county bordering on the Gulf of Mexico or on a
824824 bay or other body of water immediately adjacent to the Gulf of
825825 Mexico [(1) described by Section 11.271(c)];
826826 (B) [(2)] owned or leased by an entity formed
827827 primarily for the purpose of designing, developing, modifying,
828828 enhancing, assembling, operating, deploying, and maintaining an
829829 offshore spill response containment system [described by Section
830830 11.271(f)]; and
831831 (C) [(3)] used or intended to be used solely in
832832 an offshore spill response containment system [as defined by
833833 Section 11.271(a)].
834834 (3) "Offshore spill response containment system"
835835 means a marine or mobile containment system that:
836836 (A) is designed and used or intended to be used
837837 solely to implement a response plan that meets or exceeds rules or
838838 regulations adopted by any environmental protection agency of the
839839 United States, this state, or a political subdivision of this state
840840 for the control, reduction, or monitoring of air, water, or land
841841 pollution in the event of a blowout or loss of control of an
842842 offshore well drilled or used for the exploration for or production
843843 of oil or gas;
844844 (B) has a design capability to respond to a
845845 blowout or loss of control of an offshore well drilled or used for
846846 the exploration for or production of oil or gas that is drilled in
847847 more than 5,000 feet of water;
848848 (C) is used or intended to be used solely to
849849 respond to a blowout or loss of control of an offshore well drilled
850850 or used for the exploration for or production of oil or gas without
851851 regard to the depth of the water in which the well is drilled; and
852852 (D) except for any monitoring function for which
853853 the system may be used, is used or intended to be used as a temporary
854854 measure to address fugitive oil, gas, sulfur, or other minerals
855855 after a leak has occurred and is not used or intended to be used
856856 after the leak has been contained as a continuing means of producing
857857 oil, gas, sulfur, or other minerals.
858858 (4) "Rules or regulations adopted by any environmental
859859 protection agency of the United States" includes 30 C.F.R. Part 254
860860 and any corresponding provision or provisions of succeeding,
861861 similar, substitute, proposed, or final federal regulations.
862862 (c) The sale, lease, rental, storage, use, or other
863863 consumption by an entity described by Subsection (a)(2)(B) [Section
864864 11.271(f)] of offshore spill response containment property used
865865 solely for the purposes described by [Section 11.271(c) and] this
866866 section is exempted from the taxes imposed by this chapter.
867867 SECTION 39. Section 312.0021(b), Tax Code, is amended to
868868 read as follows:
869869 (b) Notwithstanding any other provision of this chapter, an
870870 owner or lessee of a parcel of real property that is located wholly
871871 or partly in a reinvestment zone may not receive an exemption from
872872 taxation of any portion of the value of the parcel of real property
873873 [or of tangible personal property located on the parcel of real
874874 property] under a tax abatement agreement under this chapter that
875875 is entered into on or after September 1, 2017, if, on or after that
876876 date, a wind-powered energy device is installed or constructed on
877877 the same parcel of real property at a location that is within 25
878878 nautical miles of the boundaries of a military aviation facility
879879 located in this state. The prohibition provided by this section
880880 applies regardless of whether the wind-powered energy device is
881881 installed or constructed at a location that is in the reinvestment
882882 zone.
883883 SECTION 40. Section 312.007(a), Tax Code, is amended to
884884 read as follows:
885885 (a) In this section, "abatement period" means the period
886886 during which all or a portion of the value of real property [or
887887 tangible personal property] that is the subject of a tax abatement
888888 agreement is exempt from taxation.
889889 SECTION 41. Sections 312.204(a), (e), and (g), Tax Code,
890890 are amended to read as follows:
891891 (a) The governing body of a municipality eligible to enter
892892 into tax abatement agreements under Section 312.002 may agree in
893893 writing with the owner of taxable real property that is located in a
894894 reinvestment zone, but that is not in an improvement project
895895 financed by tax increment bonds, to exempt from taxation a portion
896896 of the value of the real property [or of tangible personal property
897897 located on the real property, or both,] for a period not to exceed
898898 10 years, on the condition that the owner of the property make
899899 specific improvements or repairs to the property. The governing
900900 body of an eligible municipality may agree in writing with the owner
901901 of a leasehold interest in tax-exempt real property that is located
902902 in a reinvestment zone, but that is not in an improvement project
903903 financed by tax increment bonds, to exempt a portion of the value of
904904 property subject to ad valorem taxation, including the leasehold
905905 interest or [,] improvements [, or tangible personal property]
906906 located on the real property, for a period not to exceed 10 years,
907907 on the condition that the owner of the leasehold interest make
908908 specific improvements or repairs to the real property. A tax
909909 abatement agreement under this section is subject to the rights of
910910 holders of outstanding bonds of the municipality. An agreement
911911 exempting taxable real property or leasehold interests or
912912 improvements on tax-exempt real property may provide for the
913913 exemption of such taxable interests in each year covered by the
914914 agreement only to the extent its value for that year exceeds its
915915 value for the year in which the agreement is executed. [An
916916 agreement exempting tangible personal property located on taxable
917917 or tax-exempt real property may provide for the exemption of
918918 tangible personal property located on the real property in each
919919 year covered by the agreement other than tangible personal property
920920 that was located on the real property at any time before the period
921921 covered by the agreement with the municipality, including inventory
922922 and supplies.] In a municipality that has a comprehensive zoning
923923 ordinance, an improvement, repair, development, or redevelopment
924924 taking place under an agreement under this section must conform to
925925 the comprehensive zoning ordinance.
926926 (e) The governing body of a municipality eligible to enter
927927 into tax abatement agreements under Section 312.002 may agree in
928928 writing with the owner or lessee of real property that is located in
929929 a reinvestment zone to exempt from taxation for a period not to
930930 exceed 10 years a portion of the value of the real property [or of
931931 personal property, or both,] located within the zone and owned or
932932 leased by a certificated air carrier, on the condition that the
933933 certificated air carrier make specific real property improvements
934934 or lease for a term of 10 years or more real property improvements
935935 located within the reinvestment zone. An agreement may provide for
936936 the exemption of the real property in each year covered by the
937937 agreement to the extent its value for that year exceeds its value
938938 for the year in which the agreement is executed. [An agreement may
939939 provide for the exemption of the personal property owned or leased
940940 by a certificated air carrier located within the reinvestment zone
941941 in each year covered by the agreement other than specific personal
942942 property that was located within the reinvestment zone at any time
943943 before the period covered by the agreement with the municipality.]
944944 (g) Notwithstanding the other provisions of this chapter,
945945 the governing body of a municipality eligible to enter into tax
946946 abatement agreements under Section 312.002 may agree in writing
947947 with the owner of real property that is located in a reinvestment
948948 zone to exempt from taxation for a period not to exceed five years a
949949 portion of the value of the real property [or of tangible personal
950950 property located on the real property, or both,] that is used to
951951 provide housing for military personnel employed at a military
952952 facility located in or near the municipality. An agreement may
953953 provide for the exemption of the real property in each year covered
954954 by the agreement only to the extent its value for that year exceeds
955955 its value for the year in which the agreement is executed. [An
956956 agreement may provide for the exemption of tangible personal
957957 property located on the real property in each year covered by the
958958 agreement other than tangible personal property that was located on
959959 the real property at any time before the period covered by the
960960 agreement with the municipality and other than inventory or
961961 supplies.] The governing body of the municipality may adopt
962962 guidelines and criteria for tax abatement agreements entered into
963963 under this subsection that are different from the guidelines and
964964 criteria that apply to tax abatement agreements entered into under
965965 another provision of this section. Tax abatement agreements
966966 entered into under this subsection are not required to contain
967967 identical terms for the portion of the value of the property that is
968968 to be exempt or for the duration of the exemption as tax abatement
969969 agreements entered into with the owners of property in the
970970 reinvestment zone under another provision of this section.
971971 SECTION 42. Section 312.210(b), Tax Code, is amended to
972972 read as follows:
973973 (b) A tax abatement agreement with the owner of real
974974 property [or tangible personal property] that is located in the
975975 reinvestment zone described by Subsection (a) and in a school
976976 district that has a local revenue level that does not exceed the
977977 level established under Section 48.257, Education Code, must exempt
978978 from taxation:
979979 (1) the portion of the value of the property in the
980980 amount specified in the joint agreement among the municipality,
981981 county, and junior college district; and
982982 (2) an amount equal to 10 percent of the maximum
983983 portion of the value of the property that may under Section
984984 312.204(a) be otherwise exempted from taxation.
985985 SECTION 43. Section 312.211(a), Tax Code, is amended to
986986 read as follows:
987987 (a) This section applies only to [:
988988 [(1)] real property:
989989 (1) [(A)] that is located in a reinvestment zone;
990990 (2) [(B)] that is not in an improvement project
991991 financed by tax increment bonds; and
992992 (3) [(C)] that is the subject of a voluntary cleanup
993993 agreement under Section 361.606, Health and Safety Code [; and
994994 [(2) tangible personal property located on the real
995995 property].
996996 SECTION 44. Sections 312.402(a), (a-1), and (a-3), Tax
997997 Code, are amended to read as follows:
998998 (a) The commissioners court may execute a tax abatement
999999 agreement with the owner of taxable real property located in a
10001000 reinvestment zone designated under this subchapter [or with the
10011001 owner of tangible personal property located on real property in a
10021002 reinvestment zone] to exempt from taxation all or a portion of the
10031003 value of the real property [, all or a portion of the value of the
10041004 tangible personal property located on the real property, or all or a
10051005 portion of the value of both].
10061006 (a-1) The commissioners court may execute a tax abatement
10071007 agreement with the owner of a leasehold interest in tax-exempt real
10081008 property located in a reinvestment zone designated under this
10091009 subchapter to exempt all or a portion of the value of the leasehold
10101010 interest in the real property. The court may execute a tax
10111011 abatement agreement with the owner of [tangible personal property
10121012 or] an improvement located on tax-exempt real property that is
10131013 located in a designated reinvestment zone to exempt all or a portion
10141014 of the value of the [tangible personal property or] improvement
10151015 located on the real property.
10161016 (a-3) The commissioners court may execute a tax abatement
10171017 agreement with a lessee of taxable real property located in a
10181018 reinvestment zone designated under this subchapter to exempt from
10191019 taxation all or a portion of the value of the fixtures,
10201020 improvements, or other real property owned by the lessee and
10211021 located on the property that is subject to the lease [, all or a
10221022 portion of the value of tangible personal property owned by the
10231023 lessee and located on the real property that is the subject of the
10241024 lease, or all or a portion of the value of both the fixtures,
10251025 improvements, or other real property and the tangible personal
10261026 property described by this subsection].
10271027 SECTION 45. Section 71.041(5), Agriculture Code, is amended
10281028 to read as follows:
10291029 (5) "Nursery stock weather protection unit" means a
10301030 plant cover consisting of a series of removable, portable metal
10311031 hoops, covered by nonreusable plastic sheeting, shade cloth, or
10321032 other similar removable material, used exclusively for protecting
10331033 nursery products from weather elements. A nursery stock weather
10341034 protection unit is an implement of husbandry for all purposes[,
10351035 including Article VIII, Section 19a, of the Texas Constitution].
10361036 SECTION 46. Section 93.001(2), Business & Commerce Code, is
10371037 amended to read as follows:
10381038 (2) "Heavy equipment" means self-propelled,
10391039 self-powered, or pull-type equipment, including farm equipment or a
10401040 diesel engine, that weighs at least 1,500 pounds and is intended to
10411041 be used for agricultural, construction, industrial, maritime,
10421042 mining, or forestry uses. The term does not include a motor
10431043 vehicle that is required by:
10441044 (A) Chapter 501, Transportation Code, to be
10451045 titled; or
10461046 (B) Chapter 502, Transportation Code, to be
10471047 registered [has the meaning assigned by Section 23.1241, Tax Code].
10481048 SECTION 47. Sections 89.003(a) and (b), Finance Code, are
10491049 amended to read as follows:
10501050 (a) Each association and each federal association shall
10511051 render for ad valorem taxation all of its personal property, other
10521052 than tangible personal property [furniture, fixtures, equipment,
10531053 and automobiles], as a whole at the value remaining after deducting
10541054 the following from the total value of its entire assets:
10551055 (1) all debts that it owes;
10561056 (2) all tax-free securities that it owns;
10571057 (3) its loss reserves and surplus;
10581058 (4) its savings liability; [and]
10591059 (5) the appraised value of its [furniture, fixtures,
10601060 and] real property; and
10611061 (6) the value of its tangible personal property.
10621062 (b) The association or federal association shall render the
10631063 personal property, other than tangible personal property
10641064 [furniture, fixtures, equipment, and automobiles], to the chief
10651065 appraiser of the appraisal district in the county in which its
10661066 principal office is located.
10671067 SECTION 48. Sections 403.302(d) and (i), Government Code,
10681068 as effective until January 1, 2027, are amended to read as follows:
10691069 (d) For the purposes of this section, "taxable value" means
10701070 the market value of all taxable property less:
10711071 (1) the total dollar amount of any residence homestead
10721072 exemptions lawfully granted under Section 11.13(b) or (c), Tax
10731073 Code, in the year that is the subject of the study for each school
10741074 district;
10751075 (2) one-half of the total dollar amount of any
10761076 residence homestead exemptions granted under Section 11.13(n), Tax
10771077 Code, in the year that is the subject of the study for each school
10781078 district;
10791079 (3) the total dollar amount of any exemptions granted
10801080 before May 31, 1993, within a reinvestment zone under agreements
10811081 authorized by Chapter 312, Tax Code;
10821082 (4) subject to Subsection (e), the total dollar amount
10831083 of any captured appraised value of property that:
10841084 (A) is within a reinvestment zone created on or
10851085 before May 31, 1999, or is proposed to be included within the
10861086 boundaries of a reinvestment zone as the boundaries of the zone and
10871087 the proposed portion of tax increment paid into the tax increment
10881088 fund by a school district are described in a written notification
10891089 provided by the municipality or the board of directors of the zone
10901090 to the governing bodies of the other taxing units in the manner
10911091 provided by former Section 311.003(e), Tax Code, before May 31,
10921092 1999, and within the boundaries of the zone as those boundaries
10931093 existed on September 1, 1999, including subsequent improvements to
10941094 the property regardless of when made;
10951095 (B) generates taxes paid into a tax increment
10961096 fund created under Chapter 311, Tax Code, under a reinvestment zone
10971097 financing plan approved under Section 311.011(d), Tax Code, on or
10981098 before September 1, 1999; and
10991099 (C) is eligible for tax increment financing under
11001100 Chapter 311, Tax Code;
11011101 (5) the total dollar amount of any captured appraised
11021102 value of property that:
11031103 (A) is within a reinvestment zone:
11041104 (i) created on or before December 31, 2008,
11051105 by a municipality with a population of less than 18,000; and
11061106 (ii) the project plan for which includes
11071107 the alteration, remodeling, repair, or reconstruction of a
11081108 structure that is included on the National Register of Historic
11091109 Places and requires that a portion of the tax increment of the zone
11101110 be used for the improvement or construction of related facilities
11111111 or for affordable housing;
11121112 (B) generates school district taxes that are paid
11131113 into a tax increment fund created under Chapter 311, Tax Code; and
11141114 (C) is eligible for tax increment financing under
11151115 Chapter 311, Tax Code;
11161116 (6) [the total dollar amount of any exemptions granted
11171117 under Section 11.251 or 11.253, Tax Code;
11181118 [(7)] the difference between the comptroller's
11191119 estimate of the market value and the productivity value of land that
11201120 qualifies for appraisal on the basis of its productive capacity,
11211121 except that the productivity value estimated by the comptroller may
11221122 not exceed the fair market value of the land;
11231123 (7) [(8)] the portion of the appraised value of
11241124 residence homesteads of individuals who receive a tax limitation
11251125 under Section 11.26, Tax Code, on which school district taxes are
11261126 not imposed in the year that is the subject of the study, calculated
11271127 as if the residence homesteads were appraised at the full value
11281128 required by law;
11291129 (8) [(9)] a portion of the market value of property
11301130 not otherwise fully taxable by the district at market value because
11311131 of action required by statute or the constitution of this state[,
11321132 other than Section 11.311, Tax Code,] that, if the tax rate adopted
11331133 by the district is applied to it, produces an amount equal to the
11341134 difference between the tax that the district would have imposed on
11351135 the property if the property were fully taxable at market value and
11361136 the tax that the district is actually authorized to impose on the
11371137 property, if this subsection does not otherwise require that
11381138 portion to be deducted;
11391139 (9) [(10) the market value of all tangible personal
11401140 property, other than manufactured homes, owned by a family or
11411141 individual and not held or used for the production of income;
11421142 [(11)] the appraised value of property the collection
11431143 of delinquent taxes on which is deferred under Section 33.06, Tax
11441144 Code;
11451145 (10) [(12)] the portion of the appraised value of
11461146 property the collection of delinquent taxes on which is deferred
11471147 under Section 33.065, Tax Code;
11481148 (11) [(13)] the amount by which the market value of
11491149 property to which Section 23.23 or 23.231, Tax Code, applies
11501150 exceeds the appraised value of that property as calculated under
11511151 Section 23.23 or 23.231, Tax Code, as applicable; and
11521152 (12) [(14)] the total dollar amount of any exemptions
11531153 granted under Section 11.35, Tax Code.
11541154 (i) If the comptroller determines in the study that the
11551155 market value of property in a school district as determined by the
11561156 appraisal district that appraises property for the school district,
11571157 less the total of the amounts and values listed in Subsection (d) as
11581158 determined by that appraisal district, is valid, the comptroller,
11591159 in determining the taxable value of property in the school district
11601160 under Subsection (d), shall for purposes of Subsection (d)(11)
11611161 [(d)(13)] subtract from the market value as determined by the
11621162 appraisal district of properties to which Section 23.23 or 23.231,
11631163 Tax Code, applies the amount by which that amount exceeds the
11641164 appraised value of those properties as calculated by the appraisal
11651165 district under Section 23.23 or 23.231, Tax Code, as
11661166 applicable. If the comptroller determines in the study that the
11671167 market value of property in a school district as determined by the
11681168 appraisal district that appraises property for the school district,
11691169 less the total of the amounts and values listed in Subsection (d) as
11701170 determined by that appraisal district, is not valid, the
11711171 comptroller, in determining the taxable value of property in the
11721172 school district under Subsection (d), shall for purposes of
11731173 Subsection (d)(11) [(d)(13)] subtract from the market value as
11741174 estimated by the comptroller of properties to which Section 23.23
11751175 or 23.231, Tax Code, applies the amount by which that amount exceeds
11761176 the appraised value of those properties as calculated by the
11771177 appraisal district under Section 23.23 or 23.231, Tax Code, as
11781178 applicable.
11791179 SECTION 49. Sections 403.302(d) and (i), Government Code,
11801180 as effective January 1, 2027, are amended to read as follows:
11811181 (d) For the purposes of this section, "taxable value" means
11821182 the market value of all taxable property less:
11831183 (1) the total dollar amount of any residence homestead
11841184 exemptions lawfully granted under Section 11.13(b) or (c), Tax
11851185 Code, in the year that is the subject of the study for each school
11861186 district;
11871187 (2) one-half of the total dollar amount of any
11881188 residence homestead exemptions granted under Section 11.13(n), Tax
11891189 Code, in the year that is the subject of the study for each school
11901190 district;
11911191 (3) the total dollar amount of any exemptions granted
11921192 before May 31, 1993, within a reinvestment zone under agreements
11931193 authorized by Chapter 312, Tax Code;
11941194 (4) subject to Subsection (e), the total dollar amount
11951195 of any captured appraised value of property that:
11961196 (A) is within a reinvestment zone created on or
11971197 before May 31, 1999, or is proposed to be included within the
11981198 boundaries of a reinvestment zone as the boundaries of the zone and
11991199 the proposed portion of tax increment paid into the tax increment
12001200 fund by a school district are described in a written notification
12011201 provided by the municipality or the board of directors of the zone
12021202 to the governing bodies of the other taxing units in the manner
12031203 provided by former Section 311.003(e), Tax Code, before May 31,
12041204 1999, and within the boundaries of the zone as those boundaries
12051205 existed on September 1, 1999, including subsequent improvements to
12061206 the property regardless of when made;
12071207 (B) generates taxes paid into a tax increment
12081208 fund created under Chapter 311, Tax Code, under a reinvestment zone
12091209 financing plan approved under Section 311.011(d), Tax Code, on or
12101210 before September 1, 1999; and
12111211 (C) is eligible for tax increment financing under
12121212 Chapter 311, Tax Code;
12131213 (5) the total dollar amount of any captured appraised
12141214 value of property that:
12151215 (A) is within a reinvestment zone:
12161216 (i) created on or before December 31, 2008,
12171217 by a municipality with a population of less than 18,000; and
12181218 (ii) the project plan for which includes
12191219 the alteration, remodeling, repair, or reconstruction of a
12201220 structure that is included on the National Register of Historic
12211221 Places and requires that a portion of the tax increment of the zone
12221222 be used for the improvement or construction of related facilities
12231223 or for affordable housing;
12241224 (B) generates school district taxes that are paid
12251225 into a tax increment fund created under Chapter 311, Tax Code; and
12261226 (C) is eligible for tax increment financing under
12271227 Chapter 311, Tax Code;
12281228 (6) [the total dollar amount of any exemptions granted
12291229 under Section 11.251 or 11.253, Tax Code;
12301230 [(7)] the difference between the comptroller's
12311231 estimate of the market value and the productivity value of land that
12321232 qualifies for appraisal on the basis of its productive capacity,
12331233 except that the productivity value estimated by the comptroller may
12341234 not exceed the fair market value of the land;
12351235 (7) [(8)] the portion of the appraised value of
12361236 residence homesteads of individuals who receive a tax limitation
12371237 under Section 11.26, Tax Code, on which school district taxes are
12381238 not imposed in the year that is the subject of the study, calculated
12391239 as if the residence homesteads were appraised at the full value
12401240 required by law;
12411241 (8) [(9)] a portion of the market value of property
12421242 not otherwise fully taxable by the district at market value because
12431243 of action required by statute or the constitution of this state[,
12441244 other than Section 11.311, Tax Code,] that, if the tax rate adopted
12451245 by the district is applied to it, produces an amount equal to the
12461246 difference between the tax that the district would have imposed on
12471247 the property if the property were fully taxable at market value and
12481248 the tax that the district is actually authorized to impose on the
12491249 property, if this subsection does not otherwise require that
12501250 portion to be deducted;
12511251 (9) [(10) the market value of all tangible personal
12521252 property, other than manufactured homes, owned by a family or
12531253 individual and not held or used for the production of income;
12541254 [(11)] the appraised value of property the collection
12551255 of delinquent taxes on which is deferred under Section 33.06, Tax
12561256 Code;
12571257 (10) [(12)] the portion of the appraised value of
12581258 property the collection of delinquent taxes on which is deferred
12591259 under Section 33.065, Tax Code;
12601260 (11) [(13)] the amount by which the market value of a
12611261 residence homestead to which Section 23.23, Tax Code, applies
12621262 exceeds the appraised value of that property as calculated under
12631263 that section; and
12641264 (12) [(14)] the total dollar amount of any exemptions
12651265 granted under Section 11.35, Tax Code.
12661266 (i) If the comptroller determines in the study that the
12671267 market value of property in a school district as determined by the
12681268 appraisal district that appraises property for the school district,
12691269 less the total of the amounts and values listed in Subsection (d) as
12701270 determined by that appraisal district, is valid, the comptroller,
12711271 in determining the taxable value of property in the school district
12721272 under Subsection (d), shall for purposes of Subsection (d)(11)
12731273 [(d)(13)] subtract from the market value as determined by the
12741274 appraisal district of residence homesteads to which Section 23.23,
12751275 Tax Code, applies the amount by which that amount exceeds the
12761276 appraised value of those properties as calculated by the appraisal
12771277 district under Section 23.23, Tax Code. If the comptroller
12781278 determines in the study that the market value of property in a
12791279 school district as determined by the appraisal district that
12801280 appraises property for the school district, less the total of the
12811281 amounts and values listed in Subsection (d) as determined by that
12821282 appraisal district, is not valid, the comptroller, in determining
12831283 the taxable value of property in the school district under
12841284 Subsection (d), shall for purposes of Subsection (d)(11) [(d)(13)]
12851285 subtract from the market value as estimated by the comptroller of
12861286 residence homesteads to which Section 23.23, Tax Code, applies the
12871287 amount by which that amount exceeds the appraised value of those
12881288 properties as calculated by the appraisal district under Section
12891289 23.23, Tax Code.
12901290 SECTION 50. Section 403.602(9), Government Code, as added
12911291 by Chapter 377 (H.B. 5), Acts of the 88th Legislature, Regular
12921292 Session, 2023, is amended to read as follows:
12931293 (9) "Eligible property" means property that:
12941294 (A) is used as part of an eligible project that is
12951295 wholly owned by an applicant or leased by an applicant under a
12961296 capitalized lease; and
12971297 (B) consists of[:
12981298 [(A)] a new building or expansion of an existing
12991299 building, including a permanent, nonremovable component of a
13001300 building, that is:
13011301 (i) constructed after the date the
13021302 agreement pertaining to the project is entered into; and
13031303 (ii) located in an area designated as a
13041304 reinvestment zone under Chapter 311 or 312, Tax Code, or as an
13051305 enterprise zone under Chapter 2303 of this code, at the time the
13061306 agreement pertaining to the project is entered into[; or
13071307 [(B) tangible personal property, other than
13081308 inventory, first located in the zone described by Paragraph (A)(ii)
13091309 after the date the agreement pertaining to the project is entered
13101310 into].
13111311 SECTION 51. Section 503.038(a), Transportation Code, as
13121312 effective July 1, 2025, is amended to read as follows:
13131313 (a) The department may cancel a dealer's general
13141314 distinguishing number if the dealer:
13151315 (1) falsifies or forges a title document, including an
13161316 affidavit making application for a certified copy of a title;
13171317 (2) files a false or forged tax document, including a
13181318 sales tax affidavit;
13191319 (3) fails to take assignment of any basic evidence of
13201320 ownership, including a certificate of title or manufacturer's
13211321 certificate, for a vehicle the dealer acquires;
13221322 (4) fails to assign any basic evidence of ownership,
13231323 including a certificate of title or manufacturer's certificate, for
13241324 a vehicle the dealer sells;
13251325 (5) uses or permits the use of a dealer's license plate
13261326 on a vehicle that the dealer does not own or control or that is not
13271327 in stock and offered for sale;
13281328 (6) makes a material misrepresentation in an
13291329 application or other information filed with the department;
13301330 (7) fails to maintain the qualifications for a general
13311331 distinguishing number;
13321332 (8) fails to provide to the department within 30 days
13331333 after the date of demand by the department satisfactory and
13341334 reasonable evidence that the person is regularly and actively
13351335 engaged in business as a wholesale or retail dealer;
13361336 (9) has been licensed for at least 12 months and has
13371337 not assigned at least five vehicles during the previous 12-month
13381338 period;
13391339 (10) [has failed to demonstrate compliance with
13401340 Sections 23.12, 23.121, and 23.122, Tax Code;
13411341 [(11)] uses or allows the use of the dealer's general
13421342 distinguishing number or the location for which the general
13431343 distinguishing number is issued to avoid the requirements of this
13441344 chapter; or
13451345 (11) [(12)] otherwise violates this chapter or a rule
13461346 adopted under this chapter.
13471347 SECTION 52. (a) The following provisions of the Tax Code
13481348 are repealed:
13491349 (1) Section 6.24(c);
13501350 (2) Sections 11.01(c), (d), and (e);
13511351 (3) Section 11.11(h);
13521352 (4) Section 11.14;
13531353 (5) Section 11.141;
13541354 (6) Section 11.145;
13551355 (7) Section 11.15;
13561356 (8) Section 11.16;
13571357 (9) Section 11.161;
13581358 (10) Section 11.23(f);
13591359 (11) Section 11.25;
13601360 (12) Section 11.251;
13611361 (13) Section 11.252;
13621362 (14) Section 11.253;
13631363 (15) Section 11.254;
13641364 (16) Section 11.27(a-1);
13651365 (17) Section 11.271;
13661366 (18) Section 11.311;
13671367 (19) Section 11.315;
13681368 (20) Section 11.33;
13691369 (21) Section 11.36, as added by Chapter 364 (S.B.
13701370 2289), Acts of the 88th Legislature, Regular Session, 2023;
13711371 (22) Section 11.437;
13721372 (23) Section 11.4391;
13731373 (24) Section 21.02;
13741374 (25) Section 21.021;
13751375 (26) Section 21.03;
13761376 (27) Section 21.031;
13771377 (28) Section 21.04;
13781378 (29) Section 21.05;
13791379 (30) Section 21.055;
13801380 (31) Section 21.07;
13811381 (32) Section 21.09;
13821382 (33) Section 21.10;
13831383 (34) Sections 22.01(e), (i), (j), (k), and (m);
13841384 (35) Sections 22.04(b), (c), and (d);
13851385 (36) Sections 22.07(a) and (b);
13861386 (37) Section 23.121;
13871387 (38) Section 23.1211;
13881388 (39) Section 23.122;
13891389 (40) Section 23.123;
13901390 (41) Section 23.124;
13911391 (42) Section 23.1241;
13921392 (43) Section 23.1242;
13931393 (44) Section 23.1243;
13941394 (45) Section 23.125;
13951395 (46) Section 23.126;
13961396 (47) Section 23.127;
13971397 (48) Section 23.128;
13981398 (49) Section 23.129;
13991399 (50) Section 23.24;
14001400 (51) Chapter 24;
14011401 (52) Section 25.25(c-1);
14021402 (53) Section 33.11;
14031403 (54) Section 41.413(a);
14041404 (55) Section 41.47(c-1);
14051405 (56) Section 42.03; and
14061406 (57) Section 42.05.
14071407 (b) Sections 49.302(b) and 49.304, Education Code, are
14081408 repealed.
14091409 (c) Section 89.003(c), Finance Code, is repealed.
14101410 (d) Sections 379B.011(c), (d), and (e) and 507.201(b),
14111411 Local Government Code, are repealed.
14121412 (e) Sections 3501.004(c), (d), and (e), Special District
14131413 Local Laws Code, are repealed.
14141414 SECTION 53. Sections 23.121, 23.122, 23.123, 23.124,
14151415 23.125, 23.126, 23.127, and 23.128, Tax Code, as repealed by this
14161416 Act, apply only to an offense committed before the effective date of
14171417 this Act. An offense committed before the effective date of this Act
14181418 is governed by the law in effect on the date the offense was
14191419 committed, and the former law is continued in effect for that
14201420 purpose. For purposes of this section, an offense was committed
14211421 before the effective date of this Act if any element of the offense
14221422 occurred before that date.
14231423 SECTION 54. The changes made to Section 25.25, Tax Code, by
14241424 this Act apply only to a motion to correct an appraisal roll filed
14251425 on or after the effective date of this Act. A motion to correct an
14261426 appraisal roll filed before the effective date of this Act is
14271427 governed by the law in effect on the date the motion was filed, and
14281428 the former law is continued in effect for that purpose.
14291429 SECTION 55. Sections 403.302(d) and (i), Government Code, as
14301430 amended by this Act, apply only to the determination of the total
14311431 taxable value of property in a school district for a tax year that
14321432 begins on or after the effective date of this Act. The determination
14331433 of the total taxable value of property in a school district for a
14341434 tax year that begins before the effective date of this Act is
14351435 governed by the law in effect immediately before that date, and the
14361436 former law is continued in effect for that purpose.
14371437 SECTION 56. Notwithstanding the changes in law made by this
14381438 Act to the provisions of the Tax Code, Agriculture Code, Business &
14391439 Commerce Code, Finance Code, Government Code, and Transportation
14401440 Code amended by this Act and the repeal by this Act of provisions of
14411441 the Tax Code and Finance Code, each of those provisions, as it
14421442 existed immediately before January 1, 2026, is continued in effect
14431443 for the purpose of the levy and collection of an ad valorem tax on
14441444 tangible personal property imposed:
14451445 (1) before January 1, 2026; or
14461446 (2) pursuant to Section 1(b-1), Article VIII, Texas
14471447 Constitution.
14481448 SECTION 57. This Act takes effect January 1, 2026, but only
14491449 if the constitutional amendment proposed by the 89th Legislature,
14501450 Regular Session, 2025, exempting tangible personal property from ad
14511451 valorem taxation is approved by the voters. If that amendment is
14521452 not approved by the voters, this Act has no effect.