Texas 2025 - 89th Regular

Texas House Bill HB3130 Compare Versions

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11 89R6210 LHC-D
22 By: Bhojani H.B. No. 3130
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to a limitation on increases in the appraised value for ad
1010 valorem tax purposes of residential real property leased to an
1111 elderly person.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Section 1.12(d), Tax Code, as effective until
1414 January 1, 2027, is amended to read as follows:
1515 (d) For purposes of this section, the appraisal ratio of
1616 property to which Section 23.23, [or] 23.231, or 23.232 applies is
1717 the ratio of the property's market value as determined by the
1818 appraisal district or appraisal review board, as applicable, to the
1919 market value of the property according to law. The appraisal ratio
2020 is not calculated according to the appraised value of the property
2121 as limited by Section 23.23, [or] 23.231, or 23.232.
2222 SECTION 2. Section 1.12(d), Tax Code, as effective January
2323 1, 2027, is amended to read as follows:
2424 (d) For purposes of this section, the appraisal ratio of
2525 property [a homestead] to which Section 23.23 or 23.232 applies is
2626 the ratio of the property's market value as determined by the
2727 appraisal district or appraisal review board, as applicable, to the
2828 market value of the property according to law. The appraisal ratio
2929 is not calculated according to the appraised value of the property
3030 as limited by Section 23.23 or 23.232.
3131 SECTION 3. Subchapter B, Chapter 23, Tax Code, is amended by
3232 adding Section 23.232 to read as follows:
3333 Sec. 23.232. LIMITATION ON APPRAISED VALUE OF RESIDENTIAL
3434 REAL PROPERTY LEASED TO ELDERLY PERSON. (a) In this section:
3535 (1) "Fair market rent" means the most recent
3636 applicable fair market rent established by the United States
3737 Department of Housing and Urban Development for the zip code in
3838 which the property is located.
3939 (2) "New improvement" means an improvement to real
4040 property described by Subsection (b) made after the most recent
4141 appraisal of the property that increases the market value of the
4242 property and the value of which is not included in the appraised
4343 value of the property for the preceding tax year. The term does not
4444 include repairs to or ordinary maintenance of an existing structure
4545 or the grounds or another feature of the property.
4646 (b) This section applies only to real property that:
4747 (1) is a single-family residential property leased to
4848 a lessee who is 65 years of age or older and used by the lessee as a
4949 primary residence; and
5050 (2) is leased to a lessee for a rent that does not
5151 exceed the fair market rent.
5252 (c) This section does not apply to property appraised under
5353 Subchapter C, D, E, F, G, or H.
5454 (d) Notwithstanding the requirements of Section 25.18 and
5555 regardless of whether the appraisal office has appraised the
5656 property and determined the market value of the property for the tax
5757 year, an appraisal office may increase the appraised value of real
5858 property described by Subsection (b) for a tax year to an amount not
5959 to exceed the lesser of:
6060 (1) the market value of the property for the most
6161 recent tax year that the market value was determined by the
6262 appraisal office; or
6363 (2) the sum of:
6464 (A) 10 percent of the appraised value of the
6565 property for the preceding tax year;
6666 (B) the appraised value of the property for the
6767 preceding tax year; and
6868 (C) the market value of all new improvements to
6969 the property.
7070 (e) If only part of a parcel of real property qualifies for
7171 the limitation provided by Subsection (d), the limitation applies
7272 only to that part of the parcel.
7373 (f) When appraising real property described by Subsection
7474 (b), the chief appraiser shall:
7575 (1) appraise the property at its market value; and
7676 (2) include in the appraisal records both the market
7777 value of the property and the amount computed under Subsection
7878 (d)(2).
7979 (g) The limitation provided by Subsection (d) takes effect
8080 as to a parcel or part of a parcel of real property described by
8181 Subsection (b) on January 1 of the tax year following the first tax
8282 year in which the owner of the property leases the property to a
8383 lessee and for an amount described by Subsection (b). Except as
8484 provided by Subsection (h), the limitation expires on January 1 of
8585 the tax year following the first tax year in which the owner of the
8686 property ceases to lease the property to a lessee or for an amount
8787 described by Subsection (b).
8888 (h) Notwithstanding Subsections (a)(2) and (d) and except
8989 as provided by Subdivision (2) of this subsection, an improvement
9090 to property that would otherwise constitute a new improvement is
9191 not treated as a new improvement if the improvement is a replacement
9292 structure for a structure that was rendered unusable by a casualty
9393 or by wind or water damage. For purposes of appraising the property
9494 under Subsection (d) in the tax year in which the structure would
9595 have constituted a new improvement:
9696 (1) the appraised value the property would have had in
9797 the preceding tax year if the casualty or damage had not occurred is
9898 considered to be the appraised value of the property for that year,
9999 regardless of whether that appraised value exceeds the actual
100100 appraised value of the property for that year as limited by
101101 Subsection (d); and
102102 (2) the replacement structure is considered to be a
103103 new improvement only if:
104104 (A) the square footage of the replacement
105105 structure exceeds that of the replaced structure as that structure
106106 existed before the casualty or damage occurred; or
107107 (B) the exterior of the replacement structure is
108108 of higher quality construction and composition than that of the
109109 replaced structure.
110110 (i) In this subsection, "disaster recovery program" means
111111 the disaster recovery program administered by the General Land
112112 Office or by a political subdivision of this state that is funded
113113 with community development block grant disaster recovery money
114114 authorized by federal law. Notwithstanding Subsection (h)(2), and
115115 only to the extent necessary to satisfy the requirements of the
116116 disaster recovery program, a replacement structure described by
117117 that subdivision is not considered to be a new improvement if to
118118 satisfy the requirements of the disaster recovery program it was
119119 necessary that:
120120 (1) the square footage of the replacement structure
121121 exceed that of the replaced structure as that structure existed
122122 before the casualty or damage occurred; or
123123 (2) the exterior of the replacement structure be of
124124 higher quality construction and composition than that of the
125125 replaced structure.
126126 (j) To receive a limitation under Subsection (d), a person
127127 claiming the limitation must annually apply for the limitation by
128128 filing an application with the chief appraiser of the appraisal
129129 district. The chief appraiser shall accept and approve or deny an
130130 application. For property appraised by more than one appraisal
131131 district, a separate application must be filed in each appraisal
132132 district to receive the limitation in that district.
133133 (k) The comptroller, in prescribing the contents of the
134134 application form for a limitation under Subsection (d), shall
135135 ensure that the form requires an applicant to provide the
136136 information necessary to determine the validity of the limitation
137137 claim. The form must require an applicant to provide the
138138 applicant's name and driver's license number, personal
139139 identification certificate number, social security number, or
140140 taxpayer identification number. The comptroller shall include on
141141 the form a notice of the penalties prescribed by Section 37.10,
142142 Penal Code, for making or filing an application containing a false
143143 statement and shall include on the form a statement explaining that
144144 the application must be made annually. In this subsection,
145145 "driver's license" and "personal identification certificate" have
146146 the meanings assigned by Section 11.43(f).
147147 (l) To receive a limitation under Subsection (d) for a tax
148148 year, a person must apply for the limitation not later than May 1 of
149149 that year. Except as provided by Subsection (m), if the person
150150 fails to timely file a completed application, the person may not
151151 receive the limitation for that year.
152152 (m) The chief appraiser shall accept and approve or deny an
153153 application for a limitation under Subsection (d) for a tax year
154154 after the deadline for filing the application has passed if the
155155 application is filed not later than one year after the delinquency
156156 date for the taxes on the property for that tax year. If a late
157157 application is approved after approval of the appraisal records by
158158 the appraisal review board, the chief appraiser shall notify the
159159 collector for each taxing unit in which the property is located. If
160160 the tax has not been paid, the collector shall deduct from the
161161 person's tax bill the difference between the taxes that would have
162162 been due had the property not qualified for the limitation and the
163163 taxes due after taking the limitation into account. If the tax has
164164 been paid, the collector shall refund the difference.
165165 (n) This subsection expires January 1, 2030. For purposes
166166 of applying the limitation provided by Subsection (d) in the first
167167 tax year after the 2025 tax year in which the property is appraised
168168 for taxation:
169169 (1) the property is considered to have been appraised
170170 for taxation in the 2025 tax year at a market value equal to the
171171 appraised value of the property for that tax year; and
172172 (2) a person who acquired real property described by
173173 Subsection (b) in a tax year before the 2025 tax year is considered
174174 to have acquired the property on January 1, 2025.
175175 SECTION 4. Section 41.41(a), Tax Code, as effective until
176176 January 1, 2027, is amended to read as follows:
177177 (a) A property owner is entitled to protest before the
178178 appraisal review board the following actions:
179179 (1) determination of the appraised value of the
180180 owner's property or, in the case of land appraised as provided by
181181 Subchapter C, D, E, or H, Chapter 23, determination of its appraised
182182 or market value;
183183 (2) unequal appraisal of the owner's property;
184184 (3) inclusion of the owner's property on the appraisal
185185 records;
186186 (4) denial to the property owner in whole or in part of
187187 a partial exemption;
188188 (4-a) determination that the owner's property does not
189189 qualify for the circuit breaker limitation on appraised value
190190 provided by Section 23.231;
191191 (4-b) determination that the owner's property does not
192192 qualify for the limitation on appraised value provided by Section
193193 23.232;
194194 (5) determination that the owner's land does not
195195 qualify for appraisal as provided by Subchapter C, D, E, or H,
196196 Chapter 23;
197197 (6) identification of the taxing units in which the
198198 owner's property is taxable in the case of the appraisal district's
199199 appraisal roll;
200200 (7) determination that the property owner is the owner
201201 of property;
202202 (8) a determination that a change in use of land
203203 appraised under Subchapter C, D, E, or H, Chapter 23, has occurred;
204204 or
205205 (9) any other action of the chief appraiser, appraisal
206206 district, or appraisal review board that applies to and adversely
207207 affects the property owner.
208208 SECTION 5. Section 41.41(a), Tax Code, as effective January
209209 1, 2027, is amended to read as follows:
210210 (a) A property owner is entitled to protest before the
211211 appraisal review board the following actions:
212212 (1) determination of the appraised value of the
213213 owner's property or, in the case of land appraised as provided by
214214 Subchapter C, D, E, or H, Chapter 23, determination of its appraised
215215 or market value;
216216 (2) unequal appraisal of the owner's property;
217217 (3) inclusion of the owner's property on the appraisal
218218 records;
219219 (4) denial to the property owner in whole or in part of
220220 a partial exemption;
221221 (4-a) determination that the owner's property does not
222222 qualify for the limitation on appraised value provided by Section
223223 23.232;
224224 (5) determination that the owner's land does not
225225 qualify for appraisal as provided by Subchapter C, D, E, or H,
226226 Chapter 23;
227227 (6) identification of the taxing units in which the
228228 owner's property is taxable in the case of the appraisal district's
229229 appraisal roll;
230230 (7) determination that the property owner is the owner
231231 of property;
232232 (8) a determination that a change in use of land
233233 appraised under Subchapter C, D, E, or H, Chapter 23, has occurred;
234234 or
235235 (9) any other action of the chief appraiser, appraisal
236236 district, or appraisal review board that applies to and adversely
237237 affects the property owner.
238238 SECTION 6. Section 42.26(d), Tax Code, as effective until
239239 January 1, 2027, is amended to read as follows:
240240 (d) For purposes of this section, the value of the property
241241 subject to the suit and the value of a comparable property or sample
242242 property that is used for comparison must be the market value
243243 determined by the appraisal district when the property is subject
244244 to the limitation on appraised value imposed by Section 23.23, [or]
245245 23.231, or 23.232.
246246 SECTION 7. Section 42.26(d), Tax Code, as effective January
247247 1, 2027, is amended to read as follows:
248248 (d) For purposes of this section, the value of the property
249249 subject to the suit and the value of a comparable property or sample
250250 property that is used for comparison must be the market value
251251 determined by the appraisal district when the property is [a
252252 residence homestead] subject to the limitation on appraised value
253253 imposed by Section 23.23 or 23.232.
254254 SECTION 8. Sections 403.302(d) and (i), Government Code, as
255255 effective until January 1, 2027, are amended to read as follows:
256256 (d) For the purposes of this section, "taxable value" means
257257 the market value of all taxable property less:
258258 (1) the total dollar amount of any residence homestead
259259 exemptions lawfully granted under Section 11.13(b) or (c), Tax
260260 Code, in the year that is the subject of the study for each school
261261 district;
262262 (2) one-half of the total dollar amount of any
263263 residence homestead exemptions granted under Section 11.13(n), Tax
264264 Code, in the year that is the subject of the study for each school
265265 district;
266266 (3) the total dollar amount of any exemptions granted
267267 before May 31, 1993, within a reinvestment zone under agreements
268268 authorized by Chapter 312, Tax Code;
269269 (4) subject to Subsection (e), the total dollar amount
270270 of any captured appraised value of property that:
271271 (A) is within a reinvestment zone created on or
272272 before May 31, 1999, or is proposed to be included within the
273273 boundaries of a reinvestment zone as the boundaries of the zone and
274274 the proposed portion of tax increment paid into the tax increment
275275 fund by a school district are described in a written notification
276276 provided by the municipality or the board of directors of the zone
277277 to the governing bodies of the other taxing units in the manner
278278 provided by former Section 311.003(e), Tax Code, before May 31,
279279 1999, and within the boundaries of the zone as those boundaries
280280 existed on September 1, 1999, including subsequent improvements to
281281 the property regardless of when made;
282282 (B) generates taxes paid into a tax increment
283283 fund created under Chapter 311, Tax Code, under a reinvestment zone
284284 financing plan approved under Section 311.011(d), Tax Code, on or
285285 before September 1, 1999; and
286286 (C) is eligible for tax increment financing under
287287 Chapter 311, Tax Code;
288288 (5) the total dollar amount of any captured appraised
289289 value of property that:
290290 (A) is within a reinvestment zone:
291291 (i) created on or before December 31, 2008,
292292 by a municipality with a population of less than 18,000; and
293293 (ii) the project plan for which includes
294294 the alteration, remodeling, repair, or reconstruction of a
295295 structure that is included on the National Register of Historic
296296 Places and requires that a portion of the tax increment of the zone
297297 be used for the improvement or construction of related facilities
298298 or for affordable housing;
299299 (B) generates school district taxes that are paid
300300 into a tax increment fund created under Chapter 311, Tax Code; and
301301 (C) is eligible for tax increment financing under
302302 Chapter 311, Tax Code;
303303 (6) the total dollar amount of any exemptions granted
304304 under Section 11.251 or 11.253, Tax Code;
305305 (7) the difference between the comptroller's estimate
306306 of the market value and the productivity value of land that
307307 qualifies for appraisal on the basis of its productive capacity,
308308 except that the productivity value estimated by the comptroller may
309309 not exceed the fair market value of the land;
310310 (8) the portion of the appraised value of residence
311311 homesteads of individuals who receive a tax limitation under
312312 Section 11.26, Tax Code, on which school district taxes are not
313313 imposed in the year that is the subject of the study, calculated as
314314 if the residence homesteads were appraised at the full value
315315 required by law;
316316 (9) a portion of the market value of property not
317317 otherwise fully taxable by the district at market value because of
318318 action required by statute or the constitution of this state, other
319319 than Section 11.311, Tax Code, that, if the tax rate adopted by the
320320 district is applied to it, produces an amount equal to the
321321 difference between the tax that the district would have imposed on
322322 the property if the property were fully taxable at market value and
323323 the tax that the district is actually authorized to impose on the
324324 property, if this subsection does not otherwise require that
325325 portion to be deducted;
326326 (10) the market value of all tangible personal
327327 property, other than manufactured homes, owned by a family or
328328 individual and not held or used for the production of income;
329329 (11) the appraised value of property the collection of
330330 delinquent taxes on which is deferred under Section 33.06, Tax
331331 Code;
332332 (12) the portion of the appraised value of property
333333 the collection of delinquent taxes on which is deferred under
334334 Section 33.065, Tax Code;
335335 (13) the amount by which the market value of property
336336 to which Section 23.23, [or] 23.231, or 23.232, Tax Code, applies
337337 exceeds the appraised value of that property as calculated under
338338 Section 23.23, [or] 23.231, or 23.232, Tax Code, as applicable; and
339339 (14) the total dollar amount of any exemptions granted
340340 under Section 11.35, Tax Code.
341341 (i) If the comptroller determines in the study that the
342342 market value of property in a school district as determined by the
343343 appraisal district that appraises property for the school district,
344344 less the total of the amounts and values listed in Subsection (d) as
345345 determined by that appraisal district, is valid, the comptroller,
346346 in determining the taxable value of property in the school district
347347 under Subsection (d), shall for purposes of Subsection (d)(13)
348348 subtract from the market value as determined by the appraisal
349349 district of properties to which Section 23.23, [or] 23.231, or
350350 23.232, Tax Code, applies the amount by which that amount exceeds
351351 the appraised value of those properties as calculated by the
352352 appraisal district under Section 23.23, [or] 23.231, or 23.232, Tax
353353 Code, as applicable. If the comptroller determines in the study
354354 that the market value of property in a school district as determined
355355 by the appraisal district that appraises property for the school
356356 district, less the total of the amounts and values listed in
357357 Subsection (d) as determined by that appraisal district, is not
358358 valid, the comptroller, in determining the taxable value of
359359 property in the school district under Subsection (d), shall for
360360 purposes of Subsection (d)(13) subtract from the market value as
361361 estimated by the comptroller of properties to which Section 23.23,
362362 [or] 23.231, or 23.232, Tax Code, applies the amount by which that
363363 amount exceeds the appraised value of those properties as
364364 calculated by the appraisal district under Section 23.23, [or]
365365 23.231, or 23.232, Tax Code, as applicable.
366366 SECTION 9. Sections 403.302(d) and (i), Government Code, as
367367 effective January 1, 2027, are amended to read as follows:
368368 (d) For the purposes of this section, "taxable value" means
369369 the market value of all taxable property less:
370370 (1) the total dollar amount of any residence homestead
371371 exemptions lawfully granted under Section 11.13(b) or (c), Tax
372372 Code, in the year that is the subject of the study for each school
373373 district;
374374 (2) one-half of the total dollar amount of any
375375 residence homestead exemptions granted under Section 11.13(n), Tax
376376 Code, in the year that is the subject of the study for each school
377377 district;
378378 (3) the total dollar amount of any exemptions granted
379379 before May 31, 1993, within a reinvestment zone under agreements
380380 authorized by Chapter 312, Tax Code;
381381 (4) subject to Subsection (e), the total dollar amount
382382 of any captured appraised value of property that:
383383 (A) is within a reinvestment zone created on or
384384 before May 31, 1999, or is proposed to be included within the
385385 boundaries of a reinvestment zone as the boundaries of the zone and
386386 the proposed portion of tax increment paid into the tax increment
387387 fund by a school district are described in a written notification
388388 provided by the municipality or the board of directors of the zone
389389 to the governing bodies of the other taxing units in the manner
390390 provided by former Section 311.003(e), Tax Code, before May 31,
391391 1999, and within the boundaries of the zone as those boundaries
392392 existed on September 1, 1999, including subsequent improvements to
393393 the property regardless of when made;
394394 (B) generates taxes paid into a tax increment
395395 fund created under Chapter 311, Tax Code, under a reinvestment zone
396396 financing plan approved under Section 311.011(d), Tax Code, on or
397397 before September 1, 1999; and
398398 (C) is eligible for tax increment financing under
399399 Chapter 311, Tax Code;
400400 (5) the total dollar amount of any captured appraised
401401 value of property that:
402402 (A) is within a reinvestment zone:
403403 (i) created on or before December 31, 2008,
404404 by a municipality with a population of less than 18,000; and
405405 (ii) the project plan for which includes
406406 the alteration, remodeling, repair, or reconstruction of a
407407 structure that is included on the National Register of Historic
408408 Places and requires that a portion of the tax increment of the zone
409409 be used for the improvement or construction of related facilities
410410 or for affordable housing;
411411 (B) generates school district taxes that are paid
412412 into a tax increment fund created under Chapter 311, Tax Code; and
413413 (C) is eligible for tax increment financing under
414414 Chapter 311, Tax Code;
415415 (6) the total dollar amount of any exemptions granted
416416 under Section 11.251 or 11.253, Tax Code;
417417 (7) the difference between the comptroller's estimate
418418 of the market value and the productivity value of land that
419419 qualifies for appraisal on the basis of its productive capacity,
420420 except that the productivity value estimated by the comptroller may
421421 not exceed the fair market value of the land;
422422 (8) the portion of the appraised value of residence
423423 homesteads of individuals who receive a tax limitation under
424424 Section 11.26, Tax Code, on which school district taxes are not
425425 imposed in the year that is the subject of the study, calculated as
426426 if the residence homesteads were appraised at the full value
427427 required by law;
428428 (9) a portion of the market value of property not
429429 otherwise fully taxable by the district at market value because of
430430 action required by statute or the constitution of this state, other
431431 than Section 11.311, Tax Code, that, if the tax rate adopted by the
432432 district is applied to it, produces an amount equal to the
433433 difference between the tax that the district would have imposed on
434434 the property if the property were fully taxable at market value and
435435 the tax that the district is actually authorized to impose on the
436436 property, if this subsection does not otherwise require that
437437 portion to be deducted;
438438 (10) the market value of all tangible personal
439439 property, other than manufactured homes, owned by a family or
440440 individual and not held or used for the production of income;
441441 (11) the appraised value of property the collection of
442442 delinquent taxes on which is deferred under Section 33.06, Tax
443443 Code;
444444 (12) the portion of the appraised value of property
445445 the collection of delinquent taxes on which is deferred under
446446 Section 33.065, Tax Code;
447447 (13) the amount by which the market value of property
448448 [a residence homestead] to which Section 23.23 or 23.232, Tax Code,
449449 applies exceeds the appraised value of that property as calculated
450450 under Section 23.23 or 23.232, Tax Code, as applicable [that
451451 section]; and
452452 (14) the total dollar amount of any exemptions granted
453453 under Section 11.35, Tax Code.
454454 (i) If the comptroller determines in the study that the
455455 market value of property in a school district as determined by the
456456 appraisal district that appraises property for the school district,
457457 less the total of the amounts and values listed in Subsection (d) as
458458 determined by that appraisal district, is valid, the comptroller,
459459 in determining the taxable value of property in the school district
460460 under Subsection (d), shall for purposes of Subsection (d)(13)
461461 subtract from the market value as determined by the appraisal
462462 district of properties [residence homesteads] to which Section
463463 23.23 or 23.232, Tax Code, applies the amount by which that amount
464464 exceeds the appraised value of those properties as calculated by
465465 the appraisal district under Section 23.23 or 23.232, Tax Code, as
466466 applicable. If the comptroller determines in the study that the
467467 market value of property in a school district as determined by the
468468 appraisal district that appraises property for the school district,
469469 less the total of the amounts and values listed in Subsection (d) as
470470 determined by that appraisal district, is not valid, the
471471 comptroller, in determining the taxable value of property in the
472472 school district under Subsection (d), shall for purposes of
473473 Subsection (d)(13) subtract from the market value as estimated by
474474 the comptroller of properties [residence homesteads] to which
475475 Section 23.23 or 23.232, Tax Code, applies the amount by which that
476476 amount exceeds the appraised value of those properties as
477477 calculated by the appraisal district under Section 23.23 or 23.232,
478478 Tax Code, as applicable.
479479 SECTION 10. This Act applies only to the appraisal of
480480 residential real property for ad valorem tax purposes for a tax year
481481 that begins on or after the effective date of this Act.
482482 SECTION 11. This Act takes effect January 1, 2026, but only
483483 if the constitutional amendment proposed by the 89th Legislature,
484484 Regular Session, 2025, to authorize the legislature to provide for
485485 a limitation on the maximum appraised value for ad valorem tax
486486 purposes of residential real property leased to an elderly person
487487 is approved by the voters. If that amendment is not approved by the
488488 voters, this Act has no effect.