Bill Text: TX HB1518 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the authority of the governing body of a taxing unit to adopt a local option residence homestead exemption from ad valorem taxation of a portion, expressed as a dollar amount, of the appraised value of an individual's residence homestead.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-10 - Referred to Ways & Means [HB1518 Detail]
Download: Texas-2015-HB1518-Introduced.html
84R7163 TJB-F | ||
By: Turner of Harris | H.B. No. 1518 |
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relating to the authority of the governing body of a taxing unit to | ||
adopt a local option residence homestead exemption from ad valorem | ||
taxation of a portion, expressed as a dollar amount, of the | ||
appraised value of an individual's residence homestead. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 11.13(n), Tax Code, is amended to read as | ||
follows: | ||
(n) The [ |
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governing body of a [ |
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provided by law for official action by the body, may adopt an | ||
exemption from taxation by the taxing unit of either a percentage of | ||
the appraised value of an individual's residence homestead or a | ||
portion, expressed as a dollar amount, of the appraised value of an | ||
individual's residence homestead, but not both. The exemption must | ||
be adopted by the governing body before July 1 of the tax year in | ||
which the exemption applies. If the governing body adopts a | ||
percentage exemption and the percentage set by the body [ |
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applied to a particular residence homestead, the individual is | ||
entitled to an exemption of $5,000 of the appraised value. A [ |
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percentage exemption adopted by the governing body [ |
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may not exceed 20 percent. If the governing body adopts an | ||
exemption of a portion, expressed as a dollar amount, of the | ||
appraised value of a residence homestead, the amount of the | ||
exemption in a tax year may not be less than $5,000. An individual | ||
is entitled to an exemption adopted under this subsection in | ||
addition to any other exemptions provided by this section. | ||
SECTION 2. Section 42.2516(f-1), Education Code, is amended | ||
to read as follows: | ||
(f-1) The commissioner shall, in accordance with rules | ||
adopted by the commissioner, adjust the amount of a school | ||
district's local revenue derived from maintenance and operations | ||
tax collections, as calculated for purposes of determining the | ||
amount of state revenue to which the district is entitled under this | ||
section, if the district, for the 2010 tax year or a subsequent tax | ||
year: | ||
(1) adopts a percentage [ |
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11.13(n), Tax Code, that was not in effect for the 2009 tax year, or | ||
eliminates an exemption under Section 11.13(n), Tax Code, that was | ||
in effect for the 2009 tax year; | ||
(2) adopts a percentage [ |
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11.13(n), Tax Code, at a greater or lesser percentage than the | ||
percentage in effect for the district for the 2009 tax year; | ||
(3) grants an exemption under an agreement authorized | ||
by Chapter 312, Tax Code, that was not in effect for the 2009 tax | ||
year, or ceases to grant an exemption authorized by that chapter | ||
that was in effect for the 2009 tax year; or | ||
(4) agrees to deposit taxes into a tax increment fund | ||
created under Chapter 311, Tax Code, under a reinvestment zone | ||
financing plan that was not in effect for the 2009 tax year, or | ||
ceases depositing taxes into a tax increment fund created under | ||
that chapter under a reinvestment zone financing plan that was in | ||
effect for the 2009 tax year. | ||
SECTION 3. Section 403.302(d), Government Code, is amended | ||
to read as follows: | ||
(d) For the purposes of this section, "taxable value" means | ||
the market value of all taxable property less: | ||
(1) the total dollar amount of any residence homestead | ||
exemptions lawfully granted under Section 11.13(b) or (c), Tax | ||
Code, in the year that is the subject of the study for each school | ||
district; | ||
(2) one-half of the total dollar amount of any | ||
residence homestead percentage exemptions granted under Section | ||
11.13(n), Tax Code, in the year that is the subject of the study for | ||
each school district; | ||
(3) the total dollar amount of any exemptions granted | ||
before May 31, 1993, within a reinvestment zone under agreements | ||
authorized by Chapter 312, Tax Code; | ||
(4) subject to Subsection (e), the total dollar amount | ||
of any captured appraised value of property that: | ||
(A) is within a reinvestment zone created on or | ||
before May 31, 1999, or is proposed to be included within the | ||
boundaries of a reinvestment zone as the boundaries of the zone and | ||
the proposed portion of tax increment paid into the tax increment | ||
fund by a school district are described in a written notification | ||
provided by the municipality or the board of directors of the zone | ||
to the governing bodies of the other taxing units in the manner | ||
provided by former Section 311.003(e), Tax Code, before May 31, | ||
1999, and within the boundaries of the zone as those boundaries | ||
existed on September 1, 1999, including subsequent improvements to | ||
the property regardless of when made; | ||
(B) generates taxes paid into a tax increment | ||
fund created under Chapter 311, Tax Code, under a reinvestment zone | ||
financing plan approved under Section 311.011(d), Tax Code, on or | ||
before September 1, 1999; and | ||
(C) is eligible for tax increment financing under | ||
Chapter 311, Tax Code; | ||
(5) the total dollar amount of any captured appraised | ||
value of property that: | ||
(A) is within a reinvestment zone: | ||
(i) created on or before December 31, 2008, | ||
by a municipality with a population of less than 18,000; and | ||
(ii) the project plan for which includes | ||
the alteration, remodeling, repair, or reconstruction of a | ||
structure that is included on the National Register of Historic | ||
Places and requires that a portion of the tax increment of the zone | ||
be used for the improvement or construction of related facilities | ||
or for affordable housing; | ||
(B) generates school district taxes that are paid | ||
into a tax increment fund created under Chapter 311, Tax Code; and | ||
(C) is eligible for tax increment financing under | ||
Chapter 311, Tax Code; | ||
(6) the total dollar amount of any exemptions granted | ||
under Section 11.251 or 11.253, Tax Code; | ||
(7) the difference between the comptroller's estimate | ||
of the market value and the productivity value of land that | ||
qualifies for appraisal on the basis of its productive capacity, | ||
except that the productivity value estimated by the comptroller may | ||
not exceed the fair market value of the land; | ||
(8) the portion of the appraised value of residence | ||
homesteads of individuals who receive a tax limitation under | ||
Section 11.26, Tax Code, on which school district taxes are not | ||
imposed in the year that is the subject of the study, calculated as | ||
if the residence homesteads were appraised at the full value | ||
required by law; | ||
(9) a portion of the market value of property not | ||
otherwise fully taxable by the district at market value because of: | ||
(A) action required by statute or the | ||
constitution of this state[ |
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that, if the tax rate adopted by the district is applied to it, | ||
produces an amount equal to the difference between the tax that the | ||
district would have imposed on the property if the property were | ||
fully taxable at market value and the tax that the district is | ||
actually authorized to impose on the property, if this subsection | ||
does not otherwise require that portion to be deducted; or | ||
(B) action taken by the district under Subchapter | ||
B or C, Chapter 313, Tax Code, before the expiration of the | ||
subchapter; | ||
(10) the market value of all tangible personal | ||
property, other than manufactured homes, owned by a family or | ||
individual and not held or used for the production of income; | ||
(11) the appraised value of property the collection of | ||
delinquent taxes on which is deferred under Section 33.06, Tax | ||
Code; | ||
(12) the portion of the appraised value of property | ||
the collection of delinquent taxes on which is deferred under | ||
Section 33.065, Tax Code; and | ||
(13) the amount by which the market value of a | ||
residence homestead to which Section 23.23, Tax Code, applies | ||
exceeds the appraised value of that property as calculated under | ||
that section. | ||
SECTION 4. This Act applies only to ad valorem taxes imposed | ||
for a tax year that begins on or after the effective date of this | ||
Act. | ||
SECTION 5. This Act takes effect January 1, 2016, but only | ||
if the constitutional amendment proposed by the 84th Legislature, | ||
Regular Session, 2015, authorizing the governing body of a | ||
political subdivision to adopt a local option residence homestead | ||
exemption from ad valorem taxation of a portion, expressed as a | ||
dollar amount, of the market value of an individual's residence | ||
homestead is approved by the voters. If that amendment is not | ||
approved by the voters, this Act has no effect. |