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A BILL TO BE ENTITLED
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AN ACT
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relating to an exemption from ad valorem taxation of the total |
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appraised value of the residence homestead of a veteran or current |
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member of the armed services of the United States while the veteran |
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or current service member participates in a veterans court program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 11, Tax Code, is amended by |
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adding Section 11.134 to read as follows: |
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Sec. 11.134. VETERAN OR MEMBER OF ARMED SERVICES |
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PARTICIPATING IN VETERANS COURT PROGRAM. (a) In this section: |
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(1) "Residence homestead" has the meaning assigned by |
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Section 11.13. |
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(2) "Veterans court program" means the program |
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described by Chapter 124, Government Code, or a program designed to |
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assist veterans and current members of the armed services of the |
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United States in avoiding involvement in the criminal justice |
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system that has eligibility and procedural requirements that are |
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substantially equivalent to the requirements of that chapter. |
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(b) A veteran or current service member is entitled to an |
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exemption from taxation of the total appraised value of the |
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veteran's or current service member's residence homestead for the |
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period prescribed by Subsection (c). |
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(c) A veteran or current service member is eligible to |
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receive an exemption under this section only for the period during |
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which the veteran or current service member participates in a |
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veterans court program. |
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SECTION 2. Section 11.42(e), Tax Code, is amended to read as |
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follows: |
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(e) A person who qualifies for an exemption under Section |
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11.131 or 11.134 after January 1 of a tax year may receive the |
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exemption for the applicable portion of that tax year immediately |
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on qualification for the exemption. |
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SECTION 3. Section 11.431(a), Tax Code, is amended to read |
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as follows: |
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(a) The chief appraiser shall accept and approve or deny an |
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application for a residence homestead exemption, including an |
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exemption under Section 11.131 or 11.132 for the residence |
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homestead of a disabled veteran or the surviving spouse of a |
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disabled veteran, [or] an exemption under Section 11.132 for the |
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residence homestead of the surviving spouse of a member of the armed |
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services of the United States who is killed in action, or an |
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exemption under 11.134 for the residence homestead of a veteran or |
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current service member participating in a veterans court program, |
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after the deadline for filing it has passed if it is filed not later |
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than one year after the delinquency date for the taxes on the |
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homestead. |
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SECTION 4. Section 26.10(c), Tax Code, is amended to read as |
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follows: |
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(c) If the appraisal roll shows that a residence homestead |
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exemption under Section 11.131 or 11.134 applicable to a property |
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on January 1 of a year terminated during the year, the tax due |
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against the residence homestead is calculated by multiplying the |
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amount of the taxes that otherwise would be imposed on the residence |
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homestead for the entire year had the individual not qualified for |
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the residence homestead exemption [under Section 11.131] during the |
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year by a fraction, the denominator of which is 365 and the |
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numerator of which is the number of days that elapsed after the date |
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the exemption terminated. |
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SECTION 5. Section 26.1125, Tax Code, is amended to read as |
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follows: |
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Sec. 26.1125. CALCULATION OF TAXES ON RESIDENCE HOMESTEAD |
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OF 100 PERCENT OR TOTALLY DISABLED VETERAN OR PARTICIPANT IN |
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VETERANS COURT PROGRAM. (a) If a person qualifies for an exemption |
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under Section 11.131 or 11.134 after the beginning of a tax year, |
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the amount of the taxes on the residence homestead of the person for |
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the tax year is calculated by multiplying the amount of the taxes |
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that otherwise would be imposed on the residence homestead for the |
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entire year had the person not qualified for the applicable |
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exemption [under Section 11.131] by a fraction, the denominator of |
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which is 365 and the numerator of which is the number of days that |
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elapsed before the date the person qualified for the applicable |
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exemption [under Section 11.131]. |
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(b) If a person qualifies for an exemption under Section |
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11.131 or 11.134 with respect to the property after the amount of |
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the tax due on the property is calculated and the effect of the |
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qualification is to reduce the amount of the tax due on the |
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property, the assessor for each taxing unit shall recalculate the |
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amount of the tax due on the property and correct the tax roll. If |
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the tax bill has been mailed and the tax on the property has not been |
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paid, the assessor shall mail a corrected tax bill to the person in |
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whose name the property is listed on the tax roll or to the person's |
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authorized agent. If the tax on the property has been paid, the tax |
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collector for the taxing unit shall refund to the person who paid |
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the tax the amount by which the payment exceeded the tax due. |
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SECTION 6. Section 403.302(d-1), Government Code, is |
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amended to read as follows: |
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(d-1) For purposes of Subsection (d), a residence homestead |
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that receives an exemption under Section 11.131, [or] 11.132, or |
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11.134, Tax Code, in the year that is the subject of the study is not |
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considered to be taxable property. |
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SECTION 7. Section 11.134, Tax Code, as added by this Act, |
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applies only to ad valorem taxes imposed for a tax year beginning on |
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or after the effective date of this Act. |
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SECTION 8. This Act takes effect January 1, 2016, but only |
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if the constitutional amendment proposed by the 84th Legislature, |
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Regular Session, 2015, authorizing the legislature to exempt from |
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ad valorem taxation the total assessed value of the residence |
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homestead of a veteran or current member of the armed services of |
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the United States while the veteran or current service member |
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participates in a veterans court program is approved by the voters. |
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If that constitutional amendment is not approved by the voters, |
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this Act has no effect. |