1 | 1 | | 89R2010 KJE-D |
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2 | 2 | | By: Middleton S.B. No. 2644 |
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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 provision of funding under the public school |
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10 | 10 | | finance system on the basis of property values that take into |
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11 | 11 | | account optional homestead exemptions. |
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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 7.062(c), Education Code, is amended to |
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14 | 14 | | read as follows: |
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15 | 15 | | (c) Except as otherwise provided by this subsection, if the |
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16 | 16 | | commissioner certifies that the amount appropriated for a state |
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17 | 17 | | fiscal year for purposes of Subchapters A and B, Chapter 46, exceeds |
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18 | 18 | | the amount to which school districts are entitled under those |
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19 | 19 | | subchapters for that year, the commissioner shall use the excess |
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20 | 20 | | funds, in an amount not to exceed $20 million in any state fiscal |
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21 | 21 | | year, for the purpose of making grants under this section. The use |
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22 | 22 | | of excess funds under this subsection has priority over any |
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23 | 23 | | provision of Chapter 48 that permits or directs the use of excess |
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24 | 24 | | foundation school program funds, including Sections 48.258[, |
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25 | 25 | | 48.259,] and 48.267. The commissioner is required to use excess |
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26 | 26 | | funds as provided by this subsection only if the commissioner is not |
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27 | 27 | | required to reduce the total amount of state funds allocated to |
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28 | 28 | | school districts under Section 48.266(f). |
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29 | 29 | | SECTION 2. Section 403.302(d), Government Code, as |
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30 | 30 | | effective until January 1, 2027, is amended to read as follows: |
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31 | 31 | | (d) For the purposes of this section, "taxable value" means |
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32 | 32 | | the market value of all taxable property less: |
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33 | 33 | | (1) the total dollar amount of any residence homestead |
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34 | 34 | | exemptions lawfully granted under Section 11.13(b) or (c), Tax |
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35 | 35 | | Code, in the year that is the subject of the study for each school |
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36 | 36 | | district; |
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37 | 37 | | (2) [one-half of] the total dollar amount of any |
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38 | 38 | | residence homestead exemptions granted under Section 11.13(n), Tax |
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39 | 39 | | Code, in the year that is the subject of the study for each school |
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40 | 40 | | district; |
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41 | 41 | | (3) the total dollar amount of any exemptions granted |
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42 | 42 | | before May 31, 1993, within a reinvestment zone under agreements |
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43 | 43 | | authorized by Chapter 312, Tax Code; |
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44 | 44 | | (4) subject to Subsection (e), the total dollar amount |
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45 | 45 | | of any captured appraised value of property that: |
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46 | 46 | | (A) is within a reinvestment zone created on or |
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47 | 47 | | before May 31, 1999, or is proposed to be included within the |
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48 | 48 | | boundaries of a reinvestment zone as the boundaries of the zone and |
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49 | 49 | | the proposed portion of tax increment paid into the tax increment |
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50 | 50 | | fund by a school district are described in a written notification |
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51 | 51 | | provided by the municipality or the board of directors of the zone |
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52 | 52 | | to the governing bodies of the other taxing units in the manner |
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53 | 53 | | provided by former Section 311.003(e), Tax Code, before May 31, |
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54 | 54 | | 1999, and within the boundaries of the zone as those boundaries |
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55 | 55 | | existed on September 1, 1999, including subsequent improvements to |
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56 | 56 | | the property regardless of when made; |
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57 | 57 | | (B) generates taxes paid into a tax increment |
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58 | 58 | | fund created under Chapter 311, Tax Code, under a reinvestment zone |
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59 | 59 | | financing plan approved under Section 311.011(d), Tax Code, on or |
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60 | 60 | | before September 1, 1999; and |
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61 | 61 | | (C) is eligible for tax increment financing under |
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62 | 62 | | Chapter 311, Tax Code; |
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63 | 63 | | (5) the total dollar amount of any captured appraised |
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64 | 64 | | value of property that: |
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65 | 65 | | (A) is within a reinvestment zone: |
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66 | 66 | | (i) created on or before December 31, 2008, |
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67 | 67 | | by a municipality with a population of less than 18,000; and |
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68 | 68 | | (ii) the project plan for which includes |
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69 | 69 | | the alteration, remodeling, repair, or reconstruction of a |
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70 | 70 | | structure that is included on the National Register of Historic |
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71 | 71 | | Places and requires that a portion of the tax increment of the zone |
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72 | 72 | | be used for the improvement or construction of related facilities |
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73 | 73 | | or for affordable housing; |
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74 | 74 | | (B) generates school district taxes that are paid |
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75 | 75 | | into a tax increment fund created under Chapter 311, Tax Code; and |
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76 | 76 | | (C) is eligible for tax increment financing under |
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77 | 77 | | Chapter 311, Tax Code; |
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78 | 78 | | (6) the total dollar amount of any exemptions granted |
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79 | 79 | | under Section 11.251 or 11.253, Tax Code; |
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80 | 80 | | (7) the difference between the comptroller's estimate |
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81 | 81 | | of the market value and the productivity value of land that |
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82 | 82 | | qualifies for appraisal on the basis of its productive capacity, |
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83 | 83 | | except that the productivity value estimated by the comptroller may |
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84 | 84 | | not exceed the fair market value of the land; |
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85 | 85 | | (8) the portion of the appraised value of residence |
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86 | 86 | | homesteads of individuals who receive a tax limitation under |
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87 | 87 | | Section 11.26, Tax Code, on which school district taxes are not |
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88 | 88 | | imposed in the year that is the subject of the study, calculated as |
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89 | 89 | | if the residence homesteads were appraised at the full value |
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90 | 90 | | required by law; |
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91 | 91 | | (9) a portion of the market value of property not |
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92 | 92 | | otherwise fully taxable by the district at market value because of |
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93 | 93 | | action required by statute or the constitution of this state, other |
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94 | 94 | | than Section 11.311, Tax Code, that, if the tax rate adopted by the |
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95 | 95 | | district is applied to it, produces an amount equal to the |
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96 | 96 | | difference between the tax that the district would have imposed on |
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97 | 97 | | the property if the property were fully taxable at market value and |
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98 | 98 | | the tax that the district is actually authorized to impose on the |
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99 | 99 | | property, if this subsection does not otherwise require that |
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100 | 100 | | portion to be deducted; |
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101 | 101 | | (10) the market value of all tangible personal |
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102 | 102 | | property, other than manufactured homes, owned by a family or |
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103 | 103 | | individual and not held or used for the production of income; |
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104 | 104 | | (11) the appraised value of property the collection of |
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105 | 105 | | delinquent taxes on which is deferred under Section 33.06, Tax |
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106 | 106 | | Code; |
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107 | 107 | | (12) the portion of the appraised value of property |
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108 | 108 | | the collection of delinquent taxes on which is deferred under |
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109 | 109 | | Section 33.065, Tax Code; |
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110 | 110 | | (13) the amount by which the market value of property |
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111 | 111 | | to which Section 23.23 or 23.231, Tax Code, applies exceeds the |
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112 | 112 | | appraised value of that property as calculated under Section 23.23 |
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113 | 113 | | or 23.231, Tax Code, as applicable; and |
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114 | 114 | | (14) the total dollar amount of any exemptions granted |
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115 | 115 | | under Section 11.35, Tax Code. |
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116 | 116 | | SECTION 3. Section 403.302(d), Government Code, as |
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117 | 117 | | effective on January 1, 2027, is amended to read as follows: |
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118 | 118 | | (d) For the purposes of this section, "taxable value" means |
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119 | 119 | | the market value of all taxable property less: |
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120 | 120 | | (1) the total dollar amount of any residence homestead |
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121 | 121 | | exemptions lawfully granted under Section 11.13(b) or (c), Tax |
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122 | 122 | | Code, in the year that is the subject of the study for each school |
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123 | 123 | | district; |
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124 | 124 | | (2) [one-half of] the total dollar amount of any |
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125 | 125 | | residence homestead exemptions granted under Section 11.13(n), Tax |
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126 | 126 | | Code, in the year that is the subject of the study for each school |
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127 | 127 | | district; |
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128 | 128 | | (3) the total dollar amount of any exemptions granted |
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129 | 129 | | before May 31, 1993, within a reinvestment zone under agreements |
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130 | 130 | | authorized by Chapter 312, Tax Code; |
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131 | 131 | | (4) subject to Subsection (e), the total dollar amount |
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132 | 132 | | of any captured appraised value of property that: |
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133 | 133 | | (A) is within a reinvestment zone created on or |
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134 | 134 | | before May 31, 1999, or is proposed to be included within the |
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135 | 135 | | boundaries of a reinvestment zone as the boundaries of the zone and |
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136 | 136 | | the proposed portion of tax increment paid into the tax increment |
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137 | 137 | | fund by a school district are described in a written notification |
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138 | 138 | | provided by the municipality or the board of directors of the zone |
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139 | 139 | | to the governing bodies of the other taxing units in the manner |
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140 | 140 | | provided by former Section 311.003(e), Tax Code, before May 31, |
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141 | 141 | | 1999, and within the boundaries of the zone as those boundaries |
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142 | 142 | | existed on September 1, 1999, including subsequent improvements to |
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143 | 143 | | the property regardless of when made; |
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144 | 144 | | (B) generates taxes paid into a tax increment |
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145 | 145 | | fund created under Chapter 311, Tax Code, under a reinvestment zone |
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146 | 146 | | financing plan approved under Section 311.011(d), Tax Code, on or |
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147 | 147 | | before September 1, 1999; and |
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148 | 148 | | (C) is eligible for tax increment financing under |
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149 | 149 | | Chapter 311, Tax Code; |
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150 | 150 | | (5) the total dollar amount of any captured appraised |
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151 | 151 | | value of property that: |
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152 | 152 | | (A) is within a reinvestment zone: |
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153 | 153 | | (i) created on or before December 31, 2008, |
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154 | 154 | | by a municipality with a population of less than 18,000; and |
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155 | 155 | | (ii) the project plan for which includes |
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156 | 156 | | the alteration, remodeling, repair, or reconstruction of a |
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157 | 157 | | structure that is included on the National Register of Historic |
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158 | 158 | | Places and requires that a portion of the tax increment of the zone |
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159 | 159 | | be used for the improvement or construction of related facilities |
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160 | 160 | | or for affordable housing; |
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161 | 161 | | (B) generates school district taxes that are paid |
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162 | 162 | | into a tax increment fund created under Chapter 311, Tax Code; and |
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163 | 163 | | (C) is eligible for tax increment financing under |
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164 | 164 | | Chapter 311, Tax Code; |
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165 | 165 | | (6) the total dollar amount of any exemptions granted |
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166 | 166 | | under Section 11.251 or 11.253, Tax Code; |
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167 | 167 | | (7) the difference between the comptroller's estimate |
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168 | 168 | | of the market value and the productivity value of land that |
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169 | 169 | | qualifies for appraisal on the basis of its productive capacity, |
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170 | 170 | | except that the productivity value estimated by the comptroller may |
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171 | 171 | | not exceed the fair market value of the land; |
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172 | 172 | | (8) the portion of the appraised value of residence |
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173 | 173 | | homesteads of individuals who receive a tax limitation under |
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174 | 174 | | Section 11.26, Tax Code, on which school district taxes are not |
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175 | 175 | | imposed in the year that is the subject of the study, calculated as |
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176 | 176 | | if the residence homesteads were appraised at the full value |
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177 | 177 | | required by law; |
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178 | 178 | | (9) a portion of the market value of property not |
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179 | 179 | | otherwise fully taxable by the district at market value because of |
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180 | 180 | | action required by statute or the constitution of this state, other |
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181 | 181 | | than Section 11.311, Tax Code, that, if the tax rate adopted by the |
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182 | 182 | | district is applied to it, produces an amount equal to the |
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183 | 183 | | difference between the tax that the district would have imposed on |
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184 | 184 | | the property if the property were fully taxable at market value and |
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185 | 185 | | the tax that the district is actually authorized to impose on the |
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186 | 186 | | property, if this subsection does not otherwise require that |
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187 | 187 | | portion to be deducted; |
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188 | 188 | | (10) the market value of all tangible personal |
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189 | 189 | | property, other than manufactured homes, owned by a family or |
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190 | 190 | | individual and not held or used for the production of income; |
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191 | 191 | | (11) the appraised value of property the collection of |
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192 | 192 | | delinquent taxes on which is deferred under Section 33.06, Tax |
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193 | 193 | | Code; |
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194 | 194 | | (12) the portion of the appraised value of property |
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195 | 195 | | the collection of delinquent taxes on which is deferred under |
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196 | 196 | | Section 33.065, Tax Code; |
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197 | 197 | | (13) the amount by which the market value of a |
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198 | 198 | | residence homestead to which Section 23.23, Tax Code, applies |
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199 | 199 | | exceeds the appraised value of that property as calculated under |
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200 | 200 | | that section; and |
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201 | 201 | | (14) the total dollar amount of any exemptions granted |
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202 | 202 | | under Section 11.35, Tax Code. |
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203 | 203 | | SECTION 4. Section 48.259, Education Code, is repealed. |
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204 | 204 | | SECTION 5. Section 403.302, Government Code, as amended by |
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205 | 205 | | this Act, applies only to a school district property value study |
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206 | 206 | | conducted for a tax year that begins on or after January 1, 2026. |
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207 | 207 | | SECTION 6. This Act takes effect September 1, 2025. |
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