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A BILL TO BE ENTITLED
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AN ACT
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relating to the taxation of border security infrastructure. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 11, Tax Code, is amended by adding Sec. |
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11.38 to read as follows: |
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Sec. 11.38. BORDER SECURITY INFRASTRUCTURE. (a) A person |
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is entitled to an exemption from taxation of the amount of appraised |
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value of real property owned by the person that arises from the |
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installation or construction on the property of border security |
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infrastructure. |
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(a-1) A person is entitled to an exemption from taxation of |
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the appraised value of border security infrastructure that is |
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installed or constructed on real property owned by the person. |
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(b) A person is entitled to an exemption from taxation of |
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land that the person owns and that has been dedicated by recorded |
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easement dedicating said land for the installation or construction |
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of border security infrastructure. |
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(b-1) An exemption granted under this section terminates |
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when the property ceases to have border security infrastructure |
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installed or constructed on it, or when the property is no longer |
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used for that purpose. |
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(c) The comptroller, with the assistance of the Texas |
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Facilities Commission, or its successor, shall develop guidelines |
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to assist local officials in the administration of this section. |
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(d) In this section: "border security infrastructure" means |
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a wall, barrier, fence, wire, road, trench, technology, an |
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apparatus, or an improvement designed or adapted to surveil or |
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impede the movement of persons or objects crossing the Texas-Mexico |
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border outside of land ports of entry and permanently or |
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temporarily affixed by agreement with the government of the State |
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of Texas or the government of the United States of America to |
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property above or below ground located in a county bordering the |
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United Mexican States. |
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SECTION 2. Section 11.43, Tax Code, is amended by amending |
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Subsection (c) to read as follows: |
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Sec. 11.43. APPLICATION FOR EXEMPTION. (a) To receive an |
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exemption, a person claiming the exemption, other than an exemption |
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authorized by Section 11.11, 11.12, 11.14, 11.141, 11.145, 11.146, |
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11.15, 11.16, 11.161, or 11.25, must apply for the exemption. To |
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apply for an exemption, a person must file an exemption application |
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form with the chief appraiser for each appraisal district in which |
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the property subject to the claimed exemption has situs. |
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(b) Except as provided by Subsection (c) and by Sections |
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11.184 and 11.437, a person required to apply for an exemption must |
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apply each year the person claims entitlement to the exemption. |
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(c) An exemption provided by Section 11.13, 11.131, 11.132, |
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11.133, 11.134, 11.17, 11.18, 11.182, 11.1827, 11.183, 11.19, |
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11.20, 11.21, 11.22, 11.23(a), (h), (j), (j-1), or (m), 11.231, |
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11.254, 11.27, 11.271, 11.29, 11.30, 11.31, 11.315, 11.35, or |
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11.36, or 11.38 once allowed, need not be claimed in subsequent |
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years, and except as otherwise provided by Subsection (e), the |
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exemption applies to the property until it changes ownership or the |
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person's qualification for the exemption changes. However, except |
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as provided by Subsection (r), the chief appraiser may require a |
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person allowed one of the exemptions in a prior year to file a new |
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application to confirm the person's current qualification for the |
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exemption by delivering a written notice that a new application is |
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required, accompanied by an appropriate application form, to the |
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person previously allowed the exemption. If the person previously |
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allowed the exemption is 65 years of age or older, the chief |
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appraiser may not cancel the exemption due to the person's failure |
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to file the new application unless the chief appraiser complies |
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with the requirements of Subsection (q), if applicable. |
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Section 3. This Act takes effect September 1, 2025. |