Texas 2025 - 89th Regular

Texas House Bill HB642 Compare Versions

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11 89R3419 TJB-F
22 By: Bernal H.B. No. 642
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to a limitation on the total amount of ad valorem taxes
1010 that a school district may impose on certain residence homesteads
1111 following a substantial school tax increase.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Subchapter B, Chapter 11, Tax Code, is amended by
1414 adding Section 11.262 to read as follows:
1515 Sec. 11.262. LIMITATION OF SCHOOL TAXES ON CERTAIN
1616 HOMESTEADS FOLLOWING SUBSTANTIAL TAX INCREASE. (a) In this
1717 section, "residence homestead" has the meaning assigned by Section
1818 11.13.
1919 (b) The chief appraiser shall appraise, and the tax assessor
2020 for each school district shall calculate the taxes on, each
2121 residence homestead in the manner provided by law for other
2222 property.
2323 (c) Except as provided by Subsection (g), if an individual
2424 qualifies property as the individual's residence homestead for at
2525 least 15 consecutive tax years and the total amount of school
2626 district taxes imposed on the property in that 15th tax year is at
2727 least 120 percent greater than the total amount of those taxes
2828 imposed in the first of those tax years, not including taxes imposed
2929 on the appraised value of all improvements made to the property
3030 during that period, a school district may not impose taxes on that
3131 residence homestead in a subsequent tax year in an amount that
3232 exceeds the least of the following amounts:
3333 (1) the amount of school taxes calculated for the
3434 current tax year under Subsection (b);
3535 (2) the amount of school taxes imposed for that 15th
3636 tax year; or
3737 (3) the amount of school taxes as limited under
3838 Section 11.26, if applicable.
3939 (c-1) An individual may not receive a limitation on taxes
4040 under Subsection (c) based on an increase in taxes for any period
4141 that began before the 2012 tax year.
4242 (d) If an individual who qualifies for a limitation under
4343 this section dies, the surviving spouse of the individual is
4444 entitled to continue receiving the limitation on school taxes
4545 imposed by a school district on the residence homestead of the
4646 individual if the property:
4747 (1) is the residence homestead of the surviving spouse
4848 on the date that the individual dies; and
4949 (2) remains the residence homestead of the surviving
5050 spouse.
5151 (e) Except as provided by Subsection (d) or (f), a
5252 limitation under this section expires on January 1 if the property
5353 is not the residence homestead of the individual entitled to the
5454 limitation for the preceding tax year.
5555 (f) A limitation under this section does not expire if:
5656 (1) an owner of an interest in the residence homestead
5757 conveys the interest to a qualifying trust as defined by Section
5858 11.13(j) and the owner or the owner's spouse is:
5959 (A) a trustor of the trust; and
6060 (B) entitled to occupy the property; or
6161 (2) the owner of the structure qualifies for an
6262 exemption under Section 11.13 under the circumstances described by
6363 Section 11.135(a).
6464 (g) Except as provided by Subsection (h), a school district
6565 may increase the tax on a residence homestead subject to a
6666 limitation under this section in the first year the appraised value
6767 of the property is increased as the result of an improvement made to
6868 the property in the preceding tax year. The amount of the tax
6969 increase is determined by applying the current tax rate of the
7070 school district to the difference in the taxable value of the
7171 property with the improvement and the taxable value the property
7272 would have had without the improvement. A limitation imposed by
7373 this section then applies to the increased amount of tax until
7474 another improvement is made to the property.
7575 (h) An improvement to a residence homestead is not treated
7676 as an improvement under Subsection (g) if the improvement is:
7777 (1) a repair;
7878 (2) required to be made to comply with a governmental
7979 requirement; or
8080 (3) subject to Subsection (i), a replacement structure
8181 for a structure that was rendered uninhabitable or unusable by a
8282 casualty or by wind or water damage.
8383 (i) A replacement structure described by Subsection (h)(3)
8484 is considered to be an improvement under Subsection (g) only if:
8585 (1) the square footage of the replacement structure
8686 exceeds the square footage of the replaced structure as the
8787 replaced structure existed before the casualty or damage occurred;
8888 or
8989 (2) the exterior of the replacement structure is of
9090 higher quality construction and composition than that of the
9191 replaced structure.
9292 (j) If the appraisal roll provides for taxation of appraised
9393 value for a prior year because a limitation under this section was
9494 erroneously allowed, the tax assessor for the school district shall
9595 add as back taxes due, as provided by Section 26.09(d), the positive
9696 difference, if any, between the tax that should have been imposed
9797 for that tax year and the tax that was imposed because of the
9898 provisions of this section.
9999 (k) For each school district in an appraisal district, the
100100 chief appraiser shall determine the portion of the appraised value
101101 of residence homesteads of individuals on which school district
102102 taxes are not imposed in a tax year because of the limitation under
103103 this section. That portion is calculated by determining the
104104 taxable value that, if multiplied by the tax rate adopted by the
105105 school district for the tax year, would produce an amount equal to
106106 the amount of tax that would have been imposed by the school
107107 district on those properties if the limitation under this section
108108 were not in effect, but that was not imposed because of that
109109 limitation. The chief appraiser shall determine that taxable value
110110 and certify it to the comptroller as soon as practicable for each
111111 tax year.
112112 SECTION 2. Sections 23.19(b) and (g), Tax Code, are amended
113113 to read as follows:
114114 (b) If an appraisal district receives a written request for
115115 the appraisal of real property and improvements of a cooperative
116116 housing corporation according to the separate interests of the
117117 corporation's stockholders, the chief appraiser shall separately
118118 appraise the interests described by Subsection (d) if the
119119 conditions required by Subsections (e) and (f) have been met.
120120 Separate appraisal under this section is for the purposes of
121121 administration of tax exemptions, determination of applicable
122122 limitations of taxes under Section 11.26, [or] 11.261, or 11.262,
123123 and apportionment by a cooperative housing corporation of property
124124 taxes among its stockholders but is not the basis for determining
125125 value on which a tax is imposed under this title. A stockholder
126126 whose interest is separately appraised under this section may
127127 protest and appeal the appraised value in the manner provided by
128128 this title for protest and appeal of the appraised value of other
129129 property.
130130 (g) A tax bill or a separate statement accompanying the tax
131131 bill to a cooperative housing corporation for which interests of
132132 stockholders are separately appraised under this section must
133133 state, in addition to the information required by Section 31.01,
134134 the appraised value and taxable value of each interest separately
135135 appraised. Each exemption claimed as provided by this title by a
136136 person entitled to the exemption shall also be deducted from the
137137 total appraised value of the property of the corporation. The total
138138 tax imposed by a school district, county, municipality, or junior
139139 college district shall be reduced by any amount that represents an
140140 increase in taxes attributable to separately appraised interests of
141141 the real property and improvements that are subject to the
142142 limitation of taxes prescribed by Section 11.26, [or] 11.261, or
143143 11.262. The corporation shall apportion among its stockholders
144144 liability for reimbursing the corporation for property taxes
145145 according to the relative taxable values of their interests.
146146 SECTION 3. Sections 26.012(6), (13), and (14), Tax Code,
147147 are amended to read as follows:
148148 (6) "Current total value" means the total taxable
149149 value of property listed on the appraisal roll for the current year,
150150 including all appraisal roll supplements and corrections as of the
151151 date of the calculation, less the taxable value of property
152152 exempted for the current tax year for the first time under Section
153153 11.31 or 11.315, except that:
154154 (A) the current total value for a school district
155155 excludes:
156156 (i) the total value of homesteads that
157157 qualify for a tax limitation as provided by Sections [Section]
158158 11.26 and 11.262;
159159 (ii) new property value of property that is
160160 subject to an agreement entered into under former Subchapter B or C,
161161 Chapter 313; and
162162 (iii) new property value of property that
163163 is subject to an agreement entered into under Subchapter T, Chapter
164164 403, Government Code; and
165165 (B) the current total value for a county,
166166 municipality, or junior college district excludes the total value
167167 of homesteads that qualify for a tax limitation provided by Section
168168 11.261.
169169 (13) "Last year's levy" means the total of:
170170 (A) the amount of taxes that would be generated
171171 by multiplying the total tax rate adopted by the governing body in
172172 the preceding year by the total taxable value of property on the
173173 appraisal roll for the preceding year, including:
174174 (i) taxable value that was reduced in an
175175 appeal under Chapter 42;
176176 (ii) all appraisal roll supplements and
177177 corrections other than corrections made pursuant to Section
178178 25.25(d), as of the date of the calculation, except that last year's
179179 taxable value for a school district excludes the total value of
180180 homesteads that qualified for a tax limitation as provided by
181181 Sections [Section] 11.26 and 11.262 and last year's taxable value
182182 for a county, municipality, or junior college district excludes the
183183 total value of homesteads that qualified for a tax limitation as
184184 provided by Section 11.261; and
185185 (iii) the portion of taxable value of
186186 property that is the subject of an appeal under Chapter 42 on July
187187 25 that is not in dispute; and
188188 (B) the amount of taxes refunded by the taxing
189189 unit in the preceding year for tax years before that year.
190190 (14) "Last year's total value" means the total taxable
191191 value of property listed on the appraisal roll for the preceding
192192 year, including all appraisal roll supplements and corrections,
193193 other than corrections made pursuant to Section 25.25(d), as of the
194194 date of the calculation, except that:
195195 (A) last year's taxable value for a school
196196 district excludes the total value of homesteads that qualified for
197197 a tax limitation as provided by Sections [Section] 11.26 and
198198 11.262; and
199199 (B) last year's taxable value for a county,
200200 municipality, or junior college district excludes the total value
201201 of homesteads that qualified for a tax limitation as provided by
202202 Section 11.261.
203203 SECTION 4. Section 44.004(c), Education Code, is amended to
204204 read as follows:
205205 (c) The notice of public meeting to discuss and adopt the
206206 budget and the proposed tax rate may not be smaller than one-quarter
207207 page of a standard-size or a tabloid-size newspaper, and the
208208 headline on the notice must be in 18-point or larger type. Subject
209209 to Subsection (d), the notice must:
210210 (1) contain a statement in the following form:
211211 "NOTICE OF PUBLIC MEETING TO DISCUSS BUDGET AND PROPOSED TAX RATE
212212 "The (name of school district) will hold a public meeting at
213213 (time, date, year) in (name of room, building, physical location,
214214 city, state). The purpose of this meeting is to discuss the school
215215 district's budget that will determine the tax rate that will be
216216 adopted. Public participation in the discussion is invited." The
217217 statement of the purpose of the meeting must be in bold type. In
218218 reduced type, the notice must state: "The tax rate that is
219219 ultimately adopted at this meeting or at a separate meeting at a
220220 later date may not exceed the proposed rate shown below unless the
221221 district publishes a revised notice containing the same information
222222 and comparisons set out below and holds another public meeting to
223223 discuss the revised notice." In addition, in reduced type, the
224224 notice must state: "Visit Texas.gov/PropertyTaxes to find a link to
225225 your local property tax database on which you can easily access
226226 information regarding your property taxes, including information
227227 about proposed tax rates and scheduled public hearings of each
228228 entity that taxes your property.";
229229 (2) contain a section entitled "Comparison of Proposed
230230 Budget with Last Year's Budget," which must show the difference,
231231 expressed as a percent increase or decrease, as applicable, in the
232232 amounts budgeted for the preceding fiscal year and the amount
233233 budgeted for the fiscal year that begins in the current tax year for
234234 each of the following:
235235 (A) maintenance and operations;
236236 (B) debt service; and
237237 (C) total expenditures;
238238 (3) contain a section entitled "Total Appraised Value
239239 and Total Taxable Value," which must show the total appraised value
240240 and the total taxable value of all property and the total appraised
241241 value and the total taxable value of new property taxable by the
242242 district in the preceding tax year and the current tax year as
243243 calculated under Section 26.04, Tax Code;
244244 (4) contain a statement of the total amount of the
245245 outstanding and unpaid bonded indebtedness of the school district;
246246 (5) contain a section entitled "Comparison of Proposed
247247 Rates with Last Year's Rates," which must:
248248 (A) show in rows the tax rates described by
249249 Subparagraphs (i)-(iii), expressed as amounts per $100 valuation of
250250 property, for columns entitled "Maintenance & Operations,"
251251 "Interest & Sinking Fund," and "Total," which is the sum of
252252 "Maintenance & Operations" and "Interest & Sinking Fund":
253253 (i) the school district's "Last Year's
254254 Rate";
255255 (ii) the "Rate to Maintain Same Level of
256256 Maintenance & Operations Revenue & Pay Debt Service," which:
257257 (a) in the case of "Maintenance &
258258 Operations," is the tax rate that, when applied to the current
259259 taxable value for the district, as certified by the chief appraiser
260260 under Section 26.01, Tax Code, and as adjusted to reflect changes
261261 made by the chief appraiser as of the time the notice is prepared,
262262 would impose taxes in an amount that, when added to state funds to
263263 be distributed to the district under Chapter 48, would provide the
264264 same amount of maintenance and operations taxes and state funds
265265 distributed under Chapter 48 per student in average daily
266266 attendance for the applicable school year that was available to the
267267 district in the preceding school year; and
268268 (b) in the case of "Interest & Sinking
269269 Fund," is the tax rate that, when applied to the current taxable
270270 value for the district, as certified by the chief appraiser under
271271 Section 26.01, Tax Code, and as adjusted to reflect changes made by
272272 the chief appraiser as of the time the notice is prepared, and when
273273 multiplied by the district's anticipated collection rate, would
274274 impose taxes in an amount that, when added to state funds to be
275275 distributed to the district under Chapter 46 and any excess taxes
276276 collected to service the district's debt during the preceding tax
277277 year but not used for that purpose during that year, would provide
278278 the amount required to service the district's debt; and
279279 (iii) the "Proposed Rate";
280280 (B) contain fourth and fifth columns aligned with
281281 the columns required by Paragraph (A) that show, for each row
282282 required by Paragraph (A):
283283 (i) the "Local Revenue per Student," which
284284 is computed by multiplying the district's total taxable value of
285285 property, as certified by the chief appraiser for the applicable
286286 school year under Section 26.01, Tax Code, and as adjusted to
287287 reflect changes made by the chief appraiser as of the time the
288288 notice is prepared, by the total tax rate, and dividing the product
289289 by the number of students in average daily attendance in the
290290 district for the applicable school year; and
291291 (ii) the "State Revenue per Student," which
292292 is computed by determining the amount of state aid received or to be
293293 received by the district under Chapters 43, 46, and 48 and dividing
294294 that amount by the number of students in average daily attendance in
295295 the district for the applicable school year; and
296296 (C) contain an asterisk after each calculation
297297 for "Interest & Sinking Fund" and a footnote to the section that, in
298298 reduced type, states "The Interest & Sinking Fund tax revenue is
299299 used to pay for bonded indebtedness on construction, equipment, or
300300 both. The bonds, and the tax rate necessary to pay those bonds,
301301 were approved by the voters of this district.";
302302 (6) contain a section entitled "Comparison of Proposed
303303 Levy with Last Year's Levy on Average Residence," which must:
304304 (A) show in rows the information described by
305305 Subparagraphs (i)-(iv), rounded to the nearest dollar, for columns
306306 entitled "Last Year" and "This Year":
307307 (i) "Average Market Value of Residences,"
308308 determined using the same group of residences for each year;
309309 (ii) "Average Taxable Value of Residences,"
310310 determined after taking into account the limitation on the
311311 appraised value of residences under Section 23.23, Tax Code, and
312312 after subtracting all homestead exemptions applicable in each year,
313313 other than exemptions available only to disabled persons or persons
314314 65 years of age or older or their surviving spouses, and using the
315315 same group of residences for each year;
316316 (iii) "Last Year's Rate Versus Proposed
317317 Rate per $100 Value"; and
318318 (iv) "Taxes Due on Average Residence,"
319319 determined using the same group of residences for each year; and
320320 (B) contain the following information: "Increase
321321 (Decrease) in Taxes" expressed in dollars and cents, which is
322322 computed by subtracting the "Taxes Due on Average Residence" for
323323 the preceding tax year from the "Taxes Due on Average Residence" for
324324 the current tax year;
325325 (7) contain the following statement in bold print:
326326 "Under state law, the dollar amount of school taxes imposed on the
327327 residence of a person 65 years of age or older or of the surviving
328328 spouse of such a person, if the surviving spouse was 55 years of age
329329 or older when the person died, may not be increased above the amount
330330 paid in the first year after the person turned 65, regardless of
331331 changes in tax rate or property value.";
332332 (8) contain the following statement in bold print:
333333 "Notice of Voter-Approval Rate: The highest tax rate the district
334334 can adopt before requiring voter approval at an election is (the
335335 school district voter-approval rate determined under Section
336336 26.08, Tax Code). This election will be automatically held if the
337337 district adopts a rate in excess of the voter-approval rate of (the
338338 school district voter-approval rate)."; [and]
339339 (9) contain a section entitled "Fund Balances," which
340340 must include the estimated amount of interest and sinking fund
341341 balances and the estimated amount of maintenance and operation or
342342 general fund balances remaining at the end of the current fiscal
343343 year that are not encumbered with or by corresponding debt
344344 obligation, less estimated funds necessary for the operation of the
345345 district before the receipt of the first payment under Chapter 48 in
346346 the succeeding school year; and
347347 (10) contain the following statement in bold print:
348348 "Under state law, the dollar amount of school taxes imposed on a
349349 residence homestead that qualifies as the owner's residence
350350 homestead for at least 15 consecutive years, during which time the
351351 total amount of school district taxes imposed on the property has
352352 increased by at least 120 percent, may not be increased above the
353353 amount of school taxes imposed on the property in that 15th
354354 consecutive year, regardless of changes in tax rate or property
355355 value.".
356356 SECTION 5. Section 403.302(d), Government Code, effective
357357 until January 1, 2027, is amended to read as follows:
358358 (d) For the purposes of this section, "taxable value" means
359359 the market value of all taxable property less:
360360 (1) the total dollar amount of any residence homestead
361361 exemptions lawfully granted under Section 11.13(b) or (c), Tax
362362 Code, in the year that is the subject of the study for each school
363363 district;
364364 (2) one-half of the total dollar amount of any
365365 residence homestead exemptions granted under Section 11.13(n), Tax
366366 Code, in the year that is the subject of the study for each school
367367 district;
368368 (3) the total dollar amount of any exemptions granted
369369 before May 31, 1993, within a reinvestment zone under agreements
370370 authorized by Chapter 312, Tax Code;
371371 (4) subject to Subsection (e), the total dollar amount
372372 of any captured appraised value of property that:
373373 (A) is within a reinvestment zone created on or
374374 before May 31, 1999, or is proposed to be included within the
375375 boundaries of a reinvestment zone as the boundaries of the zone and
376376 the proposed portion of tax increment paid into the tax increment
377377 fund by a school district are described in a written notification
378378 provided by the municipality or the board of directors of the zone
379379 to the governing bodies of the other taxing units in the manner
380380 provided by former Section 311.003(e), Tax Code, before May 31,
381381 1999, and within the boundaries of the zone as those boundaries
382382 existed on September 1, 1999, including subsequent improvements to
383383 the property regardless of when made;
384384 (B) generates taxes paid into a tax increment
385385 fund created under Chapter 311, Tax Code, under a reinvestment zone
386386 financing plan approved under Section 311.011(d), Tax Code, on or
387387 before September 1, 1999; and
388388 (C) is eligible for tax increment financing under
389389 Chapter 311, Tax Code;
390390 (5) the total dollar amount of any captured appraised
391391 value of property that:
392392 (A) is within a reinvestment zone:
393393 (i) created on or before December 31, 2008,
394394 by a municipality with a population of less than 18,000; and
395395 (ii) the project plan for which includes
396396 the alteration, remodeling, repair, or reconstruction of a
397397 structure that is included on the National Register of Historic
398398 Places and requires that a portion of the tax increment of the zone
399399 be used for the improvement or construction of related facilities
400400 or for affordable housing;
401401 (B) generates school district taxes that are paid
402402 into a tax increment fund created under Chapter 311, Tax Code; and
403403 (C) is eligible for tax increment financing under
404404 Chapter 311, Tax Code;
405405 (6) the total dollar amount of any exemptions granted
406406 under Section 11.251 or 11.253, Tax Code;
407407 (7) the difference between the comptroller's estimate
408408 of the market value and the productivity value of land that
409409 qualifies for appraisal on the basis of its productive capacity,
410410 except that the productivity value estimated by the comptroller may
411411 not exceed the fair market value of the land;
412412 (8) the portion of the appraised value of residence
413413 homesteads of individuals who receive a tax limitation under
414414 Section 11.26 or 11.262, Tax Code, on which school district taxes
415415 are not imposed in the year that is the subject of the study,
416416 calculated as if the residence homesteads were appraised at the
417417 full value required by law;
418418 (9) a portion of the market value of property not
419419 otherwise fully taxable by the district at market value because of
420420 action required by statute or the constitution of this state, other
421421 than Section 11.311, Tax Code, that, if the tax rate adopted by the
422422 district is applied to it, produces an amount equal to the
423423 difference between the tax that the district would have imposed on
424424 the property if the property were fully taxable at market value and
425425 the tax that the district is actually authorized to impose on the
426426 property, if this subsection does not otherwise require that
427427 portion to be deducted;
428428 (10) the market value of all tangible personal
429429 property, other than manufactured homes, owned by a family or
430430 individual and not held or used for the production of income;
431431 (11) the appraised value of property the collection of
432432 delinquent taxes on which is deferred under Section 33.06, Tax
433433 Code;
434434 (12) the portion of the appraised value of property
435435 the collection of delinquent taxes on which is deferred under
436436 Section 33.065, Tax Code;
437437 (13) the amount by which the market value of property
438438 to which Section 23.23 or 23.231, Tax Code, applies exceeds the
439439 appraised value of that property as calculated under Section 23.23
440440 or 23.231, Tax Code, as applicable; and
441441 (14) the total dollar amount of any exemptions granted
442442 under Section 11.35, Tax Code.
443443 SECTION 6. Section 403.302(d), Government Code, effective
444444 on January 1, 2027, is amended to read as follows:
445445 (d) For the purposes of this section, "taxable value" means
446446 the market value of all taxable property less:
447447 (1) the total dollar amount of any residence homestead
448448 exemptions lawfully granted under Section 11.13(b) or (c), Tax
449449 Code, in the year that is the subject of the study for each school
450450 district;
451451 (2) one-half of the total dollar amount of any
452452 residence homestead exemptions granted under Section 11.13(n), Tax
453453 Code, in the year that is the subject of the study for each school
454454 district;
455455 (3) the total dollar amount of any exemptions granted
456456 before May 31, 1993, within a reinvestment zone under agreements
457457 authorized by Chapter 312, Tax Code;
458458 (4) subject to Subsection (e), the total dollar amount
459459 of any captured appraised value of property that:
460460 (A) is within a reinvestment zone created on or
461461 before May 31, 1999, or is proposed to be included within the
462462 boundaries of a reinvestment zone as the boundaries of the zone and
463463 the proposed portion of tax increment paid into the tax increment
464464 fund by a school district are described in a written notification
465465 provided by the municipality or the board of directors of the zone
466466 to the governing bodies of the other taxing units in the manner
467467 provided by former Section 311.003(e), Tax Code, before May 31,
468468 1999, and within the boundaries of the zone as those boundaries
469469 existed on September 1, 1999, including subsequent improvements to
470470 the property regardless of when made;
471471 (B) generates taxes paid into a tax increment
472472 fund created under Chapter 311, Tax Code, under a reinvestment zone
473473 financing plan approved under Section 311.011(d), Tax Code, on or
474474 before September 1, 1999; and
475475 (C) is eligible for tax increment financing under
476476 Chapter 311, Tax Code;
477477 (5) the total dollar amount of any captured appraised
478478 value of property that:
479479 (A) is within a reinvestment zone:
480480 (i) created on or before December 31, 2008,
481481 by a municipality with a population of less than 18,000; and
482482 (ii) the project plan for which includes
483483 the alteration, remodeling, repair, or reconstruction of a
484484 structure that is included on the National Register of Historic
485485 Places and requires that a portion of the tax increment of the zone
486486 be used for the improvement or construction of related facilities
487487 or for affordable housing;
488488 (B) generates school district taxes that are paid
489489 into a tax increment fund created under Chapter 311, Tax Code; and
490490 (C) is eligible for tax increment financing under
491491 Chapter 311, Tax Code;
492492 (6) the total dollar amount of any exemptions granted
493493 under Section 11.251 or 11.253, Tax Code;
494494 (7) the difference between the comptroller's estimate
495495 of the market value and the productivity value of land that
496496 qualifies for appraisal on the basis of its productive capacity,
497497 except that the productivity value estimated by the comptroller may
498498 not exceed the fair market value of the land;
499499 (8) the portion of the appraised value of residence
500500 homesteads of individuals who receive a tax limitation under
501501 Section 11.26 or 11.262, Tax Code, on which school district taxes
502502 are not imposed in the year that is the subject of the study,
503503 calculated as if the residence homesteads were appraised at the
504504 full value required by law;
505505 (9) a portion of the market value of property not
506506 otherwise fully taxable by the district at market value because of
507507 action required by statute or the constitution of this state, other
508508 than Section 11.311, Tax Code, that, if the tax rate adopted by the
509509 district is applied to it, produces an amount equal to the
510510 difference between the tax that the district would have imposed on
511511 the property if the property were fully taxable at market value and
512512 the tax that the district is actually authorized to impose on the
513513 property, if this subsection does not otherwise require that
514514 portion to be deducted;
515515 (10) the market value of all tangible personal
516516 property, other than manufactured homes, owned by a family or
517517 individual and not held or used for the production of income;
518518 (11) the appraised value of property the collection of
519519 delinquent taxes on which is deferred under Section 33.06, Tax
520520 Code;
521521 (12) the portion of the appraised value of property
522522 the collection of delinquent taxes on which is deferred under
523523 Section 33.065, Tax Code;
524524 (13) the amount by which the market value of a
525525 residence homestead to which Section 23.23, Tax Code, applies
526526 exceeds the appraised value of that property as calculated under
527527 that section; and
528528 (14) the total dollar amount of any exemptions granted
529529 under Section 11.35, Tax Code.
530530 SECTION 7. The limitation on school taxes provided by
531531 Section 11.262, Tax Code, as added by this Act, applies only to ad
532532 valorem taxes imposed for an ad valorem tax year that begins on or
533533 after the effective date of this Act.
534534 SECTION 8. This Act takes effect January 1, 2026, but only
535535 if the constitutional amendment proposed by the 89th Legislature,
536536 Regular Session, 2025, authorizing the legislature to limit the
537537 total amount of ad valorem taxes that a school district may impose
538538 on certain residence homesteads following a substantial school tax
539539 increase is approved by the voters. If that amendment is not
540540 approved by the voters, this Act has no effect.