1 | 1 | | 89R9883 RDS-D |
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2 | 2 | | By: Perez of El Paso H.B. No. 4270 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the authority of certain taxing units to enter into an |
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10 | 10 | | agreement to abate ad valorem taxes imposed on an individual's |
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11 | 11 | | residence homestead that is located in a reinvestment zone. |
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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. Sections 312.002(a) and (f), Tax Code, are |
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14 | 14 | | amended to read as follows: |
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15 | 15 | | (a) A taxing unit may not enter into a tax abatement |
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16 | 16 | | agreement under this chapter and the governing body of a |
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17 | 17 | | municipality or county may not designate an area as a reinvestment |
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18 | 18 | | zone unless the governing body has established guidelines and |
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19 | 19 | | criteria governing tax abatement agreements by the taxing unit and |
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20 | 20 | | a resolution stating that the taxing unit elects to become eligible |
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21 | 21 | | to participate in tax abatement. The guidelines applicable to |
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22 | 22 | | property other than property described by Section 312.009(b) or |
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23 | 23 | | 312.211(a) must provide for the availability of tax abatement for |
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24 | 24 | | both new facilities and structures and for the expansion or |
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25 | 25 | | modernization of existing facilities and structures. |
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26 | 26 | | (f) Except as otherwise provided by this subsection, |
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27 | 27 | | on [On] or after September 1, 2001, a school district may not enter |
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28 | 28 | | into a tax abatement agreement under this chapter. A school |
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29 | 29 | | district may enter into a tax abatement agreement under Section |
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30 | 30 | | 312.009. |
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31 | 31 | | SECTION 2. Subchapter A, Chapter 312, Tax Code, is amended |
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32 | 32 | | by adding Section 312.009 to read as follows: |
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33 | 33 | | Sec. 312.009. RESIDENCE HOMESTEAD TAX ABATEMENT AGREEMENT |
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34 | 34 | | BY TAXING UNIT OTHER THAN MUNICIPALITY OR COUNTY. (a) In this |
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35 | 35 | | section, "residence homestead" has the meaning assigned by Section |
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36 | 36 | | 11.13. |
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37 | 37 | | (b) This section applies only to a property: |
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38 | 38 | | (1) that is located in a reinvestment zone designated |
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39 | 39 | | under this chapter by any taxing unit; and |
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40 | 40 | | (2) that the property owner occupies as the property |
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41 | 41 | | owner's residence homestead for the first time not earlier than one |
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42 | 42 | | year before the date the property owner enters into a tax abatement |
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43 | 43 | | agreement under this section. |
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44 | 44 | | (c) Notwithstanding any other provision of this chapter, a |
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45 | 45 | | taxing unit other than a municipality or county that is eligible to |
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46 | 46 | | enter into a tax abatement agreement under Section 312.002 or a |
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47 | 47 | | school district that meets the eligibility requirements of that |
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48 | 48 | | section for a taxing unit may enter into a tax abatement agreement |
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49 | 49 | | with the owner of a property to which this section applies to exempt |
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50 | 50 | | from taxation all or a portion of the value of the property: |
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51 | 51 | | (1) for a period not to exceed 10 years; and |
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52 | 52 | | (2) on the condition that the owner of the property |
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53 | 53 | | spend an amount specified in the agreement, that may not be less |
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54 | 54 | | than $500, to make improvements or repairs to the property during |
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55 | 55 | | the first year of the agreement. |
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56 | 56 | | (d) An agreement made under this section must: |
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57 | 57 | | (1) provide access to and authorize inspection of the |
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58 | 58 | | property by the taxing unit to ensure that the improvements or |
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59 | 59 | | repairs are made as provided by the agreement; |
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60 | 60 | | (2) provide for recapturing property tax revenue lost |
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61 | 61 | | as a result of the agreement if the owner of the property fails to |
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62 | 62 | | make the improvements or repairs as provided by the agreement; and |
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63 | 63 | | (3) provide that the governing body of the taxing unit |
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64 | 64 | | may cancel or modify the agreement if the property owner fails to |
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65 | 65 | | comply with the agreement. |
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66 | 66 | | (e) The expiration of the designation of a reinvestment zone |
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67 | 67 | | under this chapter does not affect an existing tax abatement |
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68 | 68 | | agreement entered into under this section. |
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69 | 69 | | SECTION 3. This Act takes effect September 1, 2025. |
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