1 | 1 | | 89R5807 DRS-D |
---|
2 | 2 | | By: Hopper H.B. No. 3935 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | |
---|
6 | 6 | | |
---|
7 | 7 | | A BILL TO BE ENTITLED |
---|
8 | 8 | | AN ACT |
---|
9 | 9 | | relating to an exemption from ad valorem taxation of a portion of |
---|
10 | 10 | | the appraised value of certain land that is located in a priority |
---|
11 | 11 | | groundwater management area and is not irrigated. |
---|
12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
13 | 13 | | SECTION 1. Subchapter B, Chapter 11, Tax Code, is amended by |
---|
14 | 14 | | adding Section 11.38 to read as follows: |
---|
15 | 15 | | Sec. 11.38. CERTAIN LAND IN PRIORITY GROUNDWATER MANAGEMENT |
---|
16 | 16 | | AREA. (a) In this section, "priority groundwater management area" |
---|
17 | 17 | | has the meaning assigned by Section 35.002, Water Code. |
---|
18 | 18 | | (b) A person is entitled to an exemption from taxation of 35 |
---|
19 | 19 | | percent of the appraised value of a tract of land the person owns |
---|
20 | 20 | | that is: |
---|
21 | 21 | | (1) located in a priority groundwater management area; |
---|
22 | 22 | | (2) at least one-half acre in area, not including any |
---|
23 | 23 | | portion of the tract underlying a structure; |
---|
24 | 24 | | (3) not irrigated; and |
---|
25 | 25 | | (4) not subject to appraisal under Subchapter C, D, E, |
---|
26 | 26 | | or H, Chapter 23. |
---|
27 | 27 | | SECTION 2. Section 11.43(c), Tax Code, is amended to read as |
---|
28 | 28 | | follows: |
---|
29 | 29 | | (c) An exemption provided by Section 11.13, 11.131, 11.132, |
---|
30 | 30 | | 11.133, 11.134, 11.17, 11.18, 11.182, 11.1827, 11.183, 11.19, |
---|
31 | 31 | | 11.20, 11.21, 11.22, 11.23(a), (h), (j), (j-1), or (m), 11.231, |
---|
32 | 32 | | 11.254, 11.27, 11.271, 11.29, 11.30, 11.31, 11.315, 11.35, [or] |
---|
33 | 33 | | 11.36, or 11.38, once allowed, need not be claimed in subsequent |
---|
34 | 34 | | years, and except as otherwise provided by Subsection (e), the |
---|
35 | 35 | | exemption applies to the property until it changes ownership or the |
---|
36 | 36 | | person's qualification for the exemption changes. However, except |
---|
37 | 37 | | as provided by Subsection (r), the chief appraiser may require a |
---|
38 | 38 | | person allowed one of the exemptions in a prior year to file a new |
---|
39 | 39 | | application to confirm the person's current qualification for the |
---|
40 | 40 | | exemption by delivering a written notice that a new application is |
---|
41 | 41 | | required, accompanied by an appropriate application form, to the |
---|
42 | 42 | | person previously allowed the exemption. If the person previously |
---|
43 | 43 | | allowed the exemption is 65 years of age or older, the chief |
---|
44 | 44 | | appraiser may not cancel the exemption due to the person's failure |
---|
45 | 45 | | to file the new application unless the chief appraiser complies |
---|
46 | 46 | | with the requirements of Subsection (q), if applicable. |
---|
47 | 47 | | SECTION 3. This Act applies only to a tax year that begins |
---|
48 | 48 | | on or after the effective date of this Act. |
---|
49 | 49 | | SECTION 4. It is the intent of the 89th Legislature, Regular |
---|
50 | 50 | | Session, 2025, that the amendments made by this Act to Section |
---|
51 | 51 | | 11.43(c), Tax Code, be harmonized with another Act of the 89th |
---|
52 | 52 | | Legislature, Regular Session, 2025, relating to nonsubstantive |
---|
53 | 53 | | additions to and corrections in enacted codes. |
---|
54 | 54 | | SECTION 5. This Act takes effect January 1, 2026, but only |
---|
55 | 55 | | if the constitutional amendment proposed by the 89th Legislature, |
---|
56 | 56 | | Regular Session, 2025, to authorize the legislature to exempt from |
---|
57 | 57 | | ad valorem taxation a portion of the appraised value of certain land |
---|
58 | 58 | | that is located in a priority groundwater management area and is not |
---|
59 | 59 | | irrigated is approved by the voters. If that amendment is not |
---|
60 | 60 | | approved by the voters, this Act has no effect. |
---|