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5 | 11 | | |
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6 | 12 | | |
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7 | 13 | | A BILL TO BE ENTITLED |
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8 | 14 | | AN ACT |
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9 | 15 | | relating to a temporary exemption from ad valorem taxation of the |
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10 | 16 | | appraised value of an improvement to a residence homestead that is |
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11 | 17 | | completely destroyed by a fire. |
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12 | 18 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 19 | | SECTION 1. Subchapter B, Chapter 11, Tax Code, is amended by |
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14 | 20 | | adding Section 11.351 to read as follows: |
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15 | 21 | | Sec. 11.351. TEMPORARY EXEMPTION FOR IMPROVEMENT TO |
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16 | 22 | | RESIDENCE HOMESTEAD DESTROYED BY FIRE. (a) In this section, |
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17 | 23 | | "residence homestead" has the meaning assigned by Section 11.13. |
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18 | 24 | | (b) A person is entitled to an exemption from taxation by a |
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19 | 25 | | taxing unit of the appraised value of an improvement to the person's |
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20 | 26 | | residence homestead that is completely destroyed by a fire in an |
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21 | 27 | | amount determined under Subsection (c). The person is entitled to |
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22 | 28 | | the exemption only for the tax year in which the fire occurs. |
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23 | 29 | | (c) The amount of the exemption authorized by this section |
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24 | 30 | | for an improvement to a residence homestead completely destroyed by |
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25 | 31 | | a fire in a tax year is calculated by multiplying the appraised |
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26 | 32 | | value of the improvement for that tax year by a fraction, the |
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27 | 33 | | denominator of which is 365 and the numerator of which is the number |
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28 | 34 | | of days remaining in the tax year after the date on which the fire |
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29 | 35 | | occurs. |
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30 | 36 | | (d) A property owner must submit an application for an |
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31 | 37 | | exemption authorized by this section to the chief appraiser of the |
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32 | 38 | | appraisal district in which the improvement that is the subject of |
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33 | 39 | | the application is located not later than the 180th day after the |
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34 | 40 | | date the fire occurs. |
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35 | 41 | | (e) On receipt of an application under Subsection (d), the |
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36 | 42 | | chief appraiser shall determine whether the improvement that is the |
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37 | 43 | | subject of the application was completely destroyed by a fire. In |
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38 | 44 | | determining whether an improvement is completely destroyed by a |
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39 | 45 | | fire, the chief appraiser may rely on information provided by any |
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40 | 46 | | other source the chief appraiser considers appropriate, including a |
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41 | 47 | | county fire marshal or an insurance adjuster. |
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42 | 48 | | (f) If a person qualifies for the exemption authorized by |
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43 | 49 | | this section after the amount of tax due on the property is |
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44 | 50 | | calculated and the effect of the qualification is to reduce the |
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45 | 51 | | amount of the tax due on the property, the assessor for each |
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46 | 52 | | applicable taxing unit shall recalculate the amount of the tax due |
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47 | 53 | | on the property and correct the tax roll. If the tax bill has been |
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48 | 54 | | mailed and the tax on the property has not been paid, the assessor |
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49 | 55 | | shall mail a corrected tax bill to the person in whose name the |
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50 | 56 | | property is listed on the tax roll or to the person's authorized |
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51 | 57 | | agent. If the tax on the property has been paid, the tax collector |
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52 | 58 | | for the taxing unit shall refund to the person who paid the tax the |
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53 | 59 | | amount by which the payment exceeded the tax due. |
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54 | 60 | | (g) The comptroller, in consultation with appraisal |
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55 | 61 | | districts, shall develop guidelines for determining whether an |
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56 | 62 | | improvement is completely destroyed by a fire. |
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57 | 63 | | SECTION 2. Not later than September 1, 2026, the |
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58 | 64 | | comptroller shall develop the guidelines required by Section |
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59 | 65 | | 11.351, Tax Code, as added by this Act, and shall distribute those |
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60 | 66 | | guidelines to each appraisal district. |
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61 | 67 | | SECTION 3. The change in law made by this Act applies only |
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62 | 68 | | to an ad valorem tax year that begins on or after the effective date |
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63 | 69 | | of this Act. |
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64 | 70 | | SECTION 4. This Act takes effect January 1, 2026, but only |
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65 | 71 | | if the constitutional amendment proposed by the 89th Legislature, |
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66 | 72 | | Regular Session, 2025, to authorize the legislature to provide for |
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67 | 73 | | a temporary exemption from ad valorem taxation of the appraised |
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68 | 74 | | value of an improvement to a residence homestead that is completely |
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69 | 75 | | destroyed by a fire is approved by the voters. If that amendment is |
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70 | 76 | | not approved by the voters, this Act has no effect. |
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