1 | 1 | | 89R6210 LHC-D |
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2 | 2 | | By: Bhojani H.B. No. 3130 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to a limitation on increases in the appraised value for ad |
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10 | 10 | | valorem tax purposes of residential real property leased to an |
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11 | 11 | | elderly person. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 1.12(d), Tax Code, as effective until |
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14 | 14 | | January 1, 2027, is amended to read as follows: |
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15 | 15 | | (d) For purposes of this section, the appraisal ratio of |
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16 | 16 | | property to which Section 23.23, [or] 23.231, or 23.232 applies is |
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17 | 17 | | the ratio of the property's market value as determined by the |
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18 | 18 | | appraisal district or appraisal review board, as applicable, to the |
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19 | 19 | | market value of the property according to law. The appraisal ratio |
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20 | 20 | | is not calculated according to the appraised value of the property |
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21 | 21 | | as limited by Section 23.23, [or] 23.231, or 23.232. |
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22 | 22 | | SECTION 2. Section 1.12(d), Tax Code, as effective January |
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23 | 23 | | 1, 2027, is amended to read as follows: |
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24 | 24 | | (d) For purposes of this section, the appraisal ratio of |
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25 | 25 | | property [a homestead] to which Section 23.23 or 23.232 applies is |
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26 | 26 | | the ratio of the property's market value as determined by the |
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27 | 27 | | appraisal district or appraisal review board, as applicable, to the |
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28 | 28 | | market value of the property according to law. The appraisal ratio |
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29 | 29 | | is not calculated according to the appraised value of the property |
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30 | 30 | | as limited by Section 23.23 or 23.232. |
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31 | 31 | | SECTION 3. Subchapter B, Chapter 23, Tax Code, is amended by |
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32 | 32 | | adding Section 23.232 to read as follows: |
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33 | 33 | | Sec. 23.232. LIMITATION ON APPRAISED VALUE OF RESIDENTIAL |
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34 | 34 | | REAL PROPERTY LEASED TO ELDERLY PERSON. (a) In this section: |
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35 | 35 | | (1) "Fair market rent" means the most recent |
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36 | 36 | | applicable fair market rent established by the United States |
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37 | 37 | | Department of Housing and Urban Development for the zip code in |
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38 | 38 | | which the property is located. |
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39 | 39 | | (2) "New improvement" means an improvement to real |
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40 | 40 | | property described by Subsection (b) made after the most recent |
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41 | 41 | | appraisal of the property that increases the market value of the |
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42 | 42 | | property and the value of which is not included in the appraised |
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43 | 43 | | value of the property for the preceding tax year. The term does not |
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44 | 44 | | include repairs to or ordinary maintenance of an existing structure |
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45 | 45 | | or the grounds or another feature of the property. |
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46 | 46 | | (b) This section applies only to real property that: |
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47 | 47 | | (1) is a single-family residential property leased to |
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48 | 48 | | a lessee who is 65 years of age or older and used by the lessee as a |
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49 | 49 | | primary residence; and |
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50 | 50 | | (2) is leased to a lessee for a rent that does not |
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51 | 51 | | exceed the fair market rent. |
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52 | 52 | | (c) This section does not apply to property appraised under |
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53 | 53 | | Subchapter C, D, E, F, G, or H. |
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54 | 54 | | (d) Notwithstanding the requirements of Section 25.18 and |
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55 | 55 | | regardless of whether the appraisal office has appraised the |
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56 | 56 | | property and determined the market value of the property for the tax |
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57 | 57 | | year, an appraisal office may increase the appraised value of real |
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58 | 58 | | property described by Subsection (b) for a tax year to an amount not |
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59 | 59 | | to exceed the lesser of: |
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60 | 60 | | (1) the market value of the property for the most |
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61 | 61 | | recent tax year that the market value was determined by the |
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62 | 62 | | appraisal office; or |
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63 | 63 | | (2) the sum of: |
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64 | 64 | | (A) 10 percent of the appraised value of the |
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65 | 65 | | property for the preceding tax year; |
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66 | 66 | | (B) the appraised value of the property for the |
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67 | 67 | | preceding tax year; and |
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68 | 68 | | (C) the market value of all new improvements to |
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69 | 69 | | the property. |
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70 | 70 | | (e) If only part of a parcel of real property qualifies for |
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71 | 71 | | the limitation provided by Subsection (d), the limitation applies |
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72 | 72 | | only to that part of the parcel. |
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73 | 73 | | (f) When appraising real property described by Subsection |
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74 | 74 | | (b), the chief appraiser shall: |
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75 | 75 | | (1) appraise the property at its market value; and |
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76 | 76 | | (2) include in the appraisal records both the market |
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77 | 77 | | value of the property and the amount computed under Subsection |
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78 | 78 | | (d)(2). |
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79 | 79 | | (g) The limitation provided by Subsection (d) takes effect |
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80 | 80 | | as to a parcel or part of a parcel of real property described by |
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81 | 81 | | Subsection (b) on January 1 of the tax year following the first tax |
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82 | 82 | | year in which the owner of the property leases the property to a |
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83 | 83 | | lessee and for an amount described by Subsection (b). Except as |
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84 | 84 | | provided by Subsection (h), the limitation expires on January 1 of |
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85 | 85 | | the tax year following the first tax year in which the owner of the |
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86 | 86 | | property ceases to lease the property to a lessee or for an amount |
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87 | 87 | | described by Subsection (b). |
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88 | 88 | | (h) Notwithstanding Subsections (a)(2) and (d) and except |
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89 | 89 | | as provided by Subdivision (2) of this subsection, an improvement |
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90 | 90 | | to property that would otherwise constitute a new improvement is |
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91 | 91 | | not treated as a new improvement if the improvement is a replacement |
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92 | 92 | | structure for a structure that was rendered unusable by a casualty |
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93 | 93 | | or by wind or water damage. For purposes of appraising the property |
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94 | 94 | | under Subsection (d) in the tax year in which the structure would |
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95 | 95 | | have constituted a new improvement: |
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96 | 96 | | (1) the appraised value the property would have had in |
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97 | 97 | | the preceding tax year if the casualty or damage had not occurred is |
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98 | 98 | | considered to be the appraised value of the property for that year, |
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99 | 99 | | regardless of whether that appraised value exceeds the actual |
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100 | 100 | | appraised value of the property for that year as limited by |
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101 | 101 | | Subsection (d); and |
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102 | 102 | | (2) the replacement structure is considered to be a |
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103 | 103 | | new improvement only if: |
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104 | 104 | | (A) the square footage of the replacement |
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105 | 105 | | structure exceeds that of the replaced structure as that structure |
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106 | 106 | | existed before the casualty or damage occurred; or |
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107 | 107 | | (B) the exterior of the replacement structure is |
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108 | 108 | | of higher quality construction and composition than that of the |
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109 | 109 | | replaced structure. |
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110 | 110 | | (i) In this subsection, "disaster recovery program" means |
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111 | 111 | | the disaster recovery program administered by the General Land |
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112 | 112 | | Office or by a political subdivision of this state that is funded |
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113 | 113 | | with community development block grant disaster recovery money |
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114 | 114 | | authorized by federal law. Notwithstanding Subsection (h)(2), and |
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115 | 115 | | only to the extent necessary to satisfy the requirements of the |
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116 | 116 | | disaster recovery program, a replacement structure described by |
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117 | 117 | | that subdivision is not considered to be a new improvement if to |
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118 | 118 | | satisfy the requirements of the disaster recovery program it was |
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119 | 119 | | necessary that: |
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120 | 120 | | (1) the square footage of the replacement structure |
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121 | 121 | | exceed that of the replaced structure as that structure existed |
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122 | 122 | | before the casualty or damage occurred; or |
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123 | 123 | | (2) the exterior of the replacement structure be of |
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124 | 124 | | higher quality construction and composition than that of the |
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125 | 125 | | replaced structure. |
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126 | 126 | | (j) To receive a limitation under Subsection (d), a person |
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127 | 127 | | claiming the limitation must annually apply for the limitation by |
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128 | 128 | | filing an application with the chief appraiser of the appraisal |
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129 | 129 | | district. The chief appraiser shall accept and approve or deny an |
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130 | 130 | | application. For property appraised by more than one appraisal |
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131 | 131 | | district, a separate application must be filed in each appraisal |
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132 | 132 | | district to receive the limitation in that district. |
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133 | 133 | | (k) The comptroller, in prescribing the contents of the |
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134 | 134 | | application form for a limitation under Subsection (d), shall |
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135 | 135 | | ensure that the form requires an applicant to provide the |
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136 | 136 | | information necessary to determine the validity of the limitation |
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137 | 137 | | claim. The form must require an applicant to provide the |
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138 | 138 | | applicant's name and driver's license number, personal |
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139 | 139 | | identification certificate number, social security number, or |
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140 | 140 | | taxpayer identification number. The comptroller shall include on |
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141 | 141 | | the form a notice of the penalties prescribed by Section 37.10, |
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142 | 142 | | Penal Code, for making or filing an application containing a false |
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143 | 143 | | statement and shall include on the form a statement explaining that |
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144 | 144 | | the application must be made annually. In this subsection, |
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145 | 145 | | "driver's license" and "personal identification certificate" have |
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146 | 146 | | the meanings assigned by Section 11.43(f). |
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147 | 147 | | (l) To receive a limitation under Subsection (d) for a tax |
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148 | 148 | | year, a person must apply for the limitation not later than May 1 of |
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149 | 149 | | that year. Except as provided by Subsection (m), if the person |
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150 | 150 | | fails to timely file a completed application, the person may not |
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151 | 151 | | receive the limitation for that year. |
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152 | 152 | | (m) The chief appraiser shall accept and approve or deny an |
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153 | 153 | | application for a limitation under Subsection (d) for a tax year |
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154 | 154 | | after the deadline for filing the application has passed if the |
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155 | 155 | | application is filed not later than one year after the delinquency |
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156 | 156 | | date for the taxes on the property for that tax year. If a late |
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157 | 157 | | application is approved after approval of the appraisal records by |
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158 | 158 | | the appraisal review board, the chief appraiser shall notify the |
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159 | 159 | | collector for each taxing unit in which the property is located. If |
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160 | 160 | | the tax has not been paid, the collector shall deduct from the |
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161 | 161 | | person's tax bill the difference between the taxes that would have |
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162 | 162 | | been due had the property not qualified for the limitation and the |
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163 | 163 | | taxes due after taking the limitation into account. If the tax has |
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164 | 164 | | been paid, the collector shall refund the difference. |
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165 | 165 | | (n) This subsection expires January 1, 2030. For purposes |
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166 | 166 | | of applying the limitation provided by Subsection (d) in the first |
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167 | 167 | | tax year after the 2025 tax year in which the property is appraised |
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168 | 168 | | for taxation: |
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169 | 169 | | (1) the property is considered to have been appraised |
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170 | 170 | | for taxation in the 2025 tax year at a market value equal to the |
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171 | 171 | | appraised value of the property for that tax year; and |
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172 | 172 | | (2) a person who acquired real property described by |
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173 | 173 | | Subsection (b) in a tax year before the 2025 tax year is considered |
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174 | 174 | | to have acquired the property on January 1, 2025. |
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175 | 175 | | SECTION 4. Section 41.41(a), Tax Code, as effective until |
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176 | 176 | | January 1, 2027, is amended to read as follows: |
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177 | 177 | | (a) A property owner is entitled to protest before the |
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178 | 178 | | appraisal review board the following actions: |
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179 | 179 | | (1) determination of the appraised value of the |
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180 | 180 | | owner's property or, in the case of land appraised as provided by |
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181 | 181 | | Subchapter C, D, E, or H, Chapter 23, determination of its appraised |
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182 | 182 | | or market value; |
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183 | 183 | | (2) unequal appraisal of the owner's property; |
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184 | 184 | | (3) inclusion of the owner's property on the appraisal |
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185 | 185 | | records; |
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186 | 186 | | (4) denial to the property owner in whole or in part of |
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187 | 187 | | a partial exemption; |
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188 | 188 | | (4-a) determination that the owner's property does not |
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189 | 189 | | qualify for the circuit breaker limitation on appraised value |
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190 | 190 | | provided by Section 23.231; |
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191 | 191 | | (4-b) determination that the owner's property does not |
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192 | 192 | | qualify for the limitation on appraised value provided by Section |
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193 | 193 | | 23.232; |
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194 | 194 | | (5) determination that the owner's land does not |
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195 | 195 | | qualify for appraisal as provided by Subchapter C, D, E, or H, |
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196 | 196 | | Chapter 23; |
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197 | 197 | | (6) identification of the taxing units in which the |
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198 | 198 | | owner's property is taxable in the case of the appraisal district's |
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199 | 199 | | appraisal roll; |
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200 | 200 | | (7) determination that the property owner is the owner |
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201 | 201 | | of property; |
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202 | 202 | | (8) a determination that a change in use of land |
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203 | 203 | | appraised under Subchapter C, D, E, or H, Chapter 23, has occurred; |
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204 | 204 | | or |
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205 | 205 | | (9) any other action of the chief appraiser, appraisal |
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206 | 206 | | district, or appraisal review board that applies to and adversely |
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207 | 207 | | affects the property owner. |
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208 | 208 | | SECTION 5. Section 41.41(a), Tax Code, as effective January |
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209 | 209 | | 1, 2027, is amended to read as follows: |
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210 | 210 | | (a) A property owner is entitled to protest before the |
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211 | 211 | | appraisal review board the following actions: |
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212 | 212 | | (1) determination of the appraised value of the |
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213 | 213 | | owner's property or, in the case of land appraised as provided by |
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214 | 214 | | Subchapter C, D, E, or H, Chapter 23, determination of its appraised |
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215 | 215 | | or market value; |
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216 | 216 | | (2) unequal appraisal of the owner's property; |
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217 | 217 | | (3) inclusion of the owner's property on the appraisal |
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218 | 218 | | records; |
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219 | 219 | | (4) denial to the property owner in whole or in part of |
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220 | 220 | | a partial exemption; |
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221 | 221 | | (4-a) determination that the owner's property does not |
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222 | 222 | | qualify for the limitation on appraised value provided by Section |
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223 | 223 | | 23.232; |
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224 | 224 | | (5) determination that the owner's land does not |
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225 | 225 | | qualify for appraisal as provided by Subchapter C, D, E, or H, |
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226 | 226 | | Chapter 23; |
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227 | 227 | | (6) identification of the taxing units in which the |
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228 | 228 | | owner's property is taxable in the case of the appraisal district's |
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229 | 229 | | appraisal roll; |
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230 | 230 | | (7) determination that the property owner is the owner |
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231 | 231 | | of property; |
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232 | 232 | | (8) a determination that a change in use of land |
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233 | 233 | | appraised under Subchapter C, D, E, or H, Chapter 23, has occurred; |
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234 | 234 | | or |
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235 | 235 | | (9) any other action of the chief appraiser, appraisal |
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236 | 236 | | district, or appraisal review board that applies to and adversely |
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237 | 237 | | affects the property owner. |
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238 | 238 | | SECTION 6. Section 42.26(d), Tax Code, as effective until |
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239 | 239 | | January 1, 2027, is amended to read as follows: |
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240 | 240 | | (d) For purposes of this section, the value of the property |
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241 | 241 | | subject to the suit and the value of a comparable property or sample |
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242 | 242 | | property that is used for comparison must be the market value |
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243 | 243 | | determined by the appraisal district when the property is subject |
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244 | 244 | | to the limitation on appraised value imposed by Section 23.23, [or] |
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245 | 245 | | 23.231, or 23.232. |
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246 | 246 | | SECTION 7. Section 42.26(d), Tax Code, as effective January |
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247 | 247 | | 1, 2027, is amended to read as follows: |
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248 | 248 | | (d) For purposes of this section, the value of the property |
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249 | 249 | | subject to the suit and the value of a comparable property or sample |
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250 | 250 | | property that is used for comparison must be the market value |
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251 | 251 | | determined by the appraisal district when the property is [a |
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252 | 252 | | residence homestead] subject to the limitation on appraised value |
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253 | 253 | | imposed by Section 23.23 or 23.232. |
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254 | 254 | | SECTION 8. Sections 403.302(d) and (i), Government Code, as |
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255 | 255 | | effective until January 1, 2027, are amended to read as follows: |
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256 | 256 | | (d) For the purposes of this section, "taxable value" means |
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257 | 257 | | the market value of all taxable property less: |
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258 | 258 | | (1) the total dollar amount of any residence homestead |
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259 | 259 | | exemptions lawfully granted under Section 11.13(b) or (c), Tax |
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260 | 260 | | Code, in the year that is the subject of the study for each school |
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261 | 261 | | district; |
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262 | 262 | | (2) one-half of the total dollar amount of any |
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263 | 263 | | residence homestead exemptions granted under Section 11.13(n), Tax |
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264 | 264 | | Code, in the year that is the subject of the study for each school |
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265 | 265 | | district; |
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266 | 266 | | (3) the total dollar amount of any exemptions granted |
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267 | 267 | | before May 31, 1993, within a reinvestment zone under agreements |
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268 | 268 | | authorized by Chapter 312, Tax Code; |
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269 | 269 | | (4) subject to Subsection (e), the total dollar amount |
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270 | 270 | | of any captured appraised value of property that: |
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271 | 271 | | (A) is within a reinvestment zone created on or |
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272 | 272 | | before May 31, 1999, or is proposed to be included within the |
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273 | 273 | | boundaries of a reinvestment zone as the boundaries of the zone and |
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274 | 274 | | the proposed portion of tax increment paid into the tax increment |
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275 | 275 | | fund by a school district are described in a written notification |
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276 | 276 | | provided by the municipality or the board of directors of the zone |
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277 | 277 | | to the governing bodies of the other taxing units in the manner |
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278 | 278 | | provided by former Section 311.003(e), Tax Code, before May 31, |
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279 | 279 | | 1999, and within the boundaries of the zone as those boundaries |
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280 | 280 | | existed on September 1, 1999, including subsequent improvements to |
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281 | 281 | | the property regardless of when made; |
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282 | 282 | | (B) generates taxes paid into a tax increment |
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283 | 283 | | fund created under Chapter 311, Tax Code, under a reinvestment zone |
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284 | 284 | | financing plan approved under Section 311.011(d), Tax Code, on or |
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285 | 285 | | before September 1, 1999; and |
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286 | 286 | | (C) is eligible for tax increment financing under |
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287 | 287 | | Chapter 311, Tax Code; |
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288 | 288 | | (5) the total dollar amount of any captured appraised |
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289 | 289 | | value of property that: |
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290 | 290 | | (A) is within a reinvestment zone: |
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291 | 291 | | (i) created on or before December 31, 2008, |
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292 | 292 | | by a municipality with a population of less than 18,000; and |
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293 | 293 | | (ii) the project plan for which includes |
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294 | 294 | | the alteration, remodeling, repair, or reconstruction of a |
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295 | 295 | | structure that is included on the National Register of Historic |
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296 | 296 | | Places and requires that a portion of the tax increment of the zone |
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297 | 297 | | be used for the improvement or construction of related facilities |
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298 | 298 | | or for affordable housing; |
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299 | 299 | | (B) generates school district taxes that are paid |
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300 | 300 | | into a tax increment fund created under Chapter 311, Tax Code; and |
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301 | 301 | | (C) is eligible for tax increment financing under |
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302 | 302 | | Chapter 311, Tax Code; |
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303 | 303 | | (6) the total dollar amount of any exemptions granted |
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304 | 304 | | under Section 11.251 or 11.253, Tax Code; |
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305 | 305 | | (7) the difference between the comptroller's estimate |
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306 | 306 | | of the market value and the productivity value of land that |
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307 | 307 | | qualifies for appraisal on the basis of its productive capacity, |
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308 | 308 | | except that the productivity value estimated by the comptroller may |
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309 | 309 | | not exceed the fair market value of the land; |
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310 | 310 | | (8) the portion of the appraised value of residence |
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311 | 311 | | homesteads of individuals who receive a tax limitation under |
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312 | 312 | | Section 11.26, Tax Code, on which school district taxes are not |
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313 | 313 | | imposed in the year that is the subject of the study, calculated as |
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314 | 314 | | if the residence homesteads were appraised at the full value |
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315 | 315 | | required by law; |
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316 | 316 | | (9) a portion of the market value of property not |
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317 | 317 | | otherwise fully taxable by the district at market value because of |
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318 | 318 | | action required by statute or the constitution of this state, other |
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319 | 319 | | than Section 11.311, Tax Code, that, if the tax rate adopted by the |
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320 | 320 | | district is applied to it, produces an amount equal to the |
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321 | 321 | | difference between the tax that the district would have imposed on |
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322 | 322 | | the property if the property were fully taxable at market value and |
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323 | 323 | | the tax that the district is actually authorized to impose on the |
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324 | 324 | | property, if this subsection does not otherwise require that |
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325 | 325 | | portion to be deducted; |
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326 | 326 | | (10) the market value of all tangible personal |
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327 | 327 | | property, other than manufactured homes, owned by a family or |
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328 | 328 | | individual and not held or used for the production of income; |
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329 | 329 | | (11) the appraised value of property the collection of |
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330 | 330 | | delinquent taxes on which is deferred under Section 33.06, Tax |
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331 | 331 | | Code; |
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332 | 332 | | (12) the portion of the appraised value of property |
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333 | 333 | | the collection of delinquent taxes on which is deferred under |
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334 | 334 | | Section 33.065, Tax Code; |
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335 | 335 | | (13) the amount by which the market value of property |
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336 | 336 | | to which Section 23.23, [or] 23.231, or 23.232, Tax Code, applies |
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337 | 337 | | exceeds the appraised value of that property as calculated under |
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338 | 338 | | Section 23.23, [or] 23.231, or 23.232, Tax Code, as applicable; and |
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339 | 339 | | (14) the total dollar amount of any exemptions granted |
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340 | 340 | | under Section 11.35, Tax Code. |
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341 | 341 | | (i) If the comptroller determines in the study that the |
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342 | 342 | | market value of property in a school district as determined by the |
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343 | 343 | | appraisal district that appraises property for the school district, |
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344 | 344 | | less the total of the amounts and values listed in Subsection (d) as |
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345 | 345 | | determined by that appraisal district, is valid, the comptroller, |
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346 | 346 | | in determining the taxable value of property in the school district |
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347 | 347 | | under Subsection (d), shall for purposes of Subsection (d)(13) |
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348 | 348 | | subtract from the market value as determined by the appraisal |
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349 | 349 | | district of properties to which Section 23.23, [or] 23.231, or |
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350 | 350 | | 23.232, Tax Code, applies the amount by which that amount exceeds |
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351 | 351 | | the appraised value of those properties as calculated by the |
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352 | 352 | | appraisal district under Section 23.23, [or] 23.231, or 23.232, Tax |
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353 | 353 | | Code, as applicable. If the comptroller determines in the study |
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354 | 354 | | that the market value of property in a school district as determined |
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355 | 355 | | by the appraisal district that appraises property for the school |
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356 | 356 | | district, less the total of the amounts and values listed in |
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357 | 357 | | Subsection (d) as determined by that appraisal district, is not |
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358 | 358 | | valid, the comptroller, in determining the taxable value of |
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359 | 359 | | property in the school district under Subsection (d), shall for |
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360 | 360 | | purposes of Subsection (d)(13) subtract from the market value as |
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361 | 361 | | estimated by the comptroller of properties to which Section 23.23, |
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362 | 362 | | [or] 23.231, or 23.232, Tax Code, applies the amount by which that |
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363 | 363 | | amount exceeds the appraised value of those properties as |
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364 | 364 | | calculated by the appraisal district under Section 23.23, [or] |
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365 | 365 | | 23.231, or 23.232, Tax Code, as applicable. |
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366 | 366 | | SECTION 9. Sections 403.302(d) and (i), Government Code, as |
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367 | 367 | | effective January 1, 2027, are amended to read as follows: |
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368 | 368 | | (d) For the purposes of this section, "taxable value" means |
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369 | 369 | | the market value of all taxable property less: |
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370 | 370 | | (1) the total dollar amount of any residence homestead |
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371 | 371 | | exemptions lawfully granted under Section 11.13(b) or (c), Tax |
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372 | 372 | | Code, in the year that is the subject of the study for each school |
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373 | 373 | | district; |
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374 | 374 | | (2) one-half of the total dollar amount of any |
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375 | 375 | | residence homestead exemptions granted under Section 11.13(n), Tax |
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376 | 376 | | Code, in the year that is the subject of the study for each school |
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377 | 377 | | district; |
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378 | 378 | | (3) the total dollar amount of any exemptions granted |
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379 | 379 | | before May 31, 1993, within a reinvestment zone under agreements |
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380 | 380 | | authorized by Chapter 312, Tax Code; |
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381 | 381 | | (4) subject to Subsection (e), the total dollar amount |
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382 | 382 | | of any captured appraised value of property that: |
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383 | 383 | | (A) is within a reinvestment zone created on or |
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384 | 384 | | before May 31, 1999, or is proposed to be included within the |
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385 | 385 | | boundaries of a reinvestment zone as the boundaries of the zone and |
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386 | 386 | | the proposed portion of tax increment paid into the tax increment |
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387 | 387 | | fund by a school district are described in a written notification |
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388 | 388 | | provided by the municipality or the board of directors of the zone |
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389 | 389 | | to the governing bodies of the other taxing units in the manner |
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390 | 390 | | provided by former Section 311.003(e), Tax Code, before May 31, |
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391 | 391 | | 1999, and within the boundaries of the zone as those boundaries |
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392 | 392 | | existed on September 1, 1999, including subsequent improvements to |
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393 | 393 | | the property regardless of when made; |
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394 | 394 | | (B) generates taxes paid into a tax increment |
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395 | 395 | | fund created under Chapter 311, Tax Code, under a reinvestment zone |
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396 | 396 | | financing plan approved under Section 311.011(d), Tax Code, on or |
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397 | 397 | | before September 1, 1999; and |
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398 | 398 | | (C) is eligible for tax increment financing under |
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399 | 399 | | Chapter 311, Tax Code; |
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400 | 400 | | (5) the total dollar amount of any captured appraised |
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401 | 401 | | value of property that: |
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402 | 402 | | (A) is within a reinvestment zone: |
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403 | 403 | | (i) created on or before December 31, 2008, |
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404 | 404 | | by a municipality with a population of less than 18,000; and |
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405 | 405 | | (ii) the project plan for which includes |
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406 | 406 | | the alteration, remodeling, repair, or reconstruction of a |
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407 | 407 | | structure that is included on the National Register of Historic |
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408 | 408 | | Places and requires that a portion of the tax increment of the zone |
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409 | 409 | | be used for the improvement or construction of related facilities |
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410 | 410 | | or for affordable housing; |
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411 | 411 | | (B) generates school district taxes that are paid |
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412 | 412 | | into a tax increment fund created under Chapter 311, Tax Code; and |
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413 | 413 | | (C) is eligible for tax increment financing under |
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414 | 414 | | Chapter 311, Tax Code; |
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415 | 415 | | (6) the total dollar amount of any exemptions granted |
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416 | 416 | | under Section 11.251 or 11.253, Tax Code; |
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417 | 417 | | (7) the difference between the comptroller's estimate |
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418 | 418 | | of the market value and the productivity value of land that |
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419 | 419 | | qualifies for appraisal on the basis of its productive capacity, |
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420 | 420 | | except that the productivity value estimated by the comptroller may |
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421 | 421 | | not exceed the fair market value of the land; |
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422 | 422 | | (8) the portion of the appraised value of residence |
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423 | 423 | | homesteads of individuals who receive a tax limitation under |
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424 | 424 | | Section 11.26, Tax Code, on which school district taxes are not |
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425 | 425 | | imposed in the year that is the subject of the study, calculated as |
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426 | 426 | | if the residence homesteads were appraised at the full value |
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427 | 427 | | required by law; |
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428 | 428 | | (9) a portion of the market value of property not |
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429 | 429 | | otherwise fully taxable by the district at market value because of |
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430 | 430 | | action required by statute or the constitution of this state, other |
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431 | 431 | | than Section 11.311, Tax Code, that, if the tax rate adopted by the |
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432 | 432 | | district is applied to it, produces an amount equal to the |
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433 | 433 | | difference between the tax that the district would have imposed on |
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434 | 434 | | the property if the property were fully taxable at market value and |
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435 | 435 | | the tax that the district is actually authorized to impose on the |
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436 | 436 | | property, if this subsection does not otherwise require that |
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437 | 437 | | portion to be deducted; |
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438 | 438 | | (10) the market value of all tangible personal |
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439 | 439 | | property, other than manufactured homes, owned by a family or |
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440 | 440 | | individual and not held or used for the production of income; |
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441 | 441 | | (11) the appraised value of property the collection of |
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442 | 442 | | delinquent taxes on which is deferred under Section 33.06, Tax |
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443 | 443 | | Code; |
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444 | 444 | | (12) the portion of the appraised value of property |
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445 | 445 | | the collection of delinquent taxes on which is deferred under |
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446 | 446 | | Section 33.065, Tax Code; |
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447 | 447 | | (13) the amount by which the market value of property |
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448 | 448 | | [a residence homestead] to which Section 23.23 or 23.232, Tax Code, |
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449 | 449 | | applies exceeds the appraised value of that property as calculated |
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450 | 450 | | under Section 23.23 or 23.232, Tax Code, as applicable [that |
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451 | 451 | | section]; and |
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452 | 452 | | (14) the total dollar amount of any exemptions granted |
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453 | 453 | | under Section 11.35, Tax Code. |
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454 | 454 | | (i) If the comptroller determines in the study that the |
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455 | 455 | | market value of property in a school district as determined by the |
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456 | 456 | | appraisal district that appraises property for the school district, |
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457 | 457 | | less the total of the amounts and values listed in Subsection (d) as |
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458 | 458 | | determined by that appraisal district, is valid, the comptroller, |
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459 | 459 | | in determining the taxable value of property in the school district |
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460 | 460 | | under Subsection (d), shall for purposes of Subsection (d)(13) |
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461 | 461 | | subtract from the market value as determined by the appraisal |
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462 | 462 | | district of properties [residence homesteads] to which Section |
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463 | 463 | | 23.23 or 23.232, Tax Code, applies the amount by which that amount |
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464 | 464 | | exceeds the appraised value of those properties as calculated by |
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465 | 465 | | the appraisal district under Section 23.23 or 23.232, Tax Code, as |
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466 | 466 | | applicable. If the comptroller determines in the study that the |
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467 | 467 | | market value of property in a school district as determined by the |
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468 | 468 | | appraisal district that appraises property for the school district, |
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469 | 469 | | less the total of the amounts and values listed in Subsection (d) as |
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470 | 470 | | determined by that appraisal district, is not valid, the |
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471 | 471 | | comptroller, in determining the taxable value of property in the |
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472 | 472 | | school district under Subsection (d), shall for purposes of |
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473 | 473 | | Subsection (d)(13) subtract from the market value as estimated by |
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474 | 474 | | the comptroller of properties [residence homesteads] to which |
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475 | 475 | | Section 23.23 or 23.232, Tax Code, applies the amount by which that |
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476 | 476 | | amount exceeds the appraised value of those properties as |
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477 | 477 | | calculated by the appraisal district under Section 23.23 or 23.232, |
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478 | 478 | | Tax Code, as applicable. |
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479 | 479 | | SECTION 10. This Act applies only to the appraisal of |
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480 | 480 | | residential real property for ad valorem tax purposes for a tax year |
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481 | 481 | | that begins on or after the effective date of this Act. |
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482 | 482 | | SECTION 11. This Act takes effect January 1, 2026, but only |
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483 | 483 | | if the constitutional amendment proposed by the 89th Legislature, |
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484 | 484 | | Regular Session, 2025, to authorize the legislature to provide for |
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485 | 485 | | a limitation on the maximum appraised value for ad valorem tax |
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486 | 486 | | purposes of residential real property leased to an elderly person |
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487 | 487 | | is approved by the voters. If that amendment is not approved by the |
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488 | 488 | | voters, this Act has no effect. |
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