Bill Text: TX HB4618 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to a temporary exemption for a residence homestead rendered uninhabitable.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-22 - Referred to Ways & Means [HB4618 Detail]
Download: Texas-2023-HB4618-Introduced.html
By: Bucy | H.B. No. 4618 |
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relating to a temporary exemption for a residence homestead | ||
rendered uninhabitable. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 11, Property Tax Code, is amended by | ||
adding Section 11.36 to read as follows: | ||
Section 11.36. TEMPORARY EXEMPTION FOR RESIDENCE HOMESTEAD | ||
RENDERED UNINHABITABLE. | ||
(a) In this section: | ||
(1) "Damage" means physical damage. | ||
(2) "Qualified property" means an improvement to real | ||
property: | ||
(A) that a person owns and has qualified as his | ||
residence homestead and that receives an exemption under Section | ||
11.13; and | ||
(B) that has been rendered uninhabitable because | ||
of physical damage but that is not located in an area the governor | ||
has declared a disaster area. | ||
(b) A person is entitled to an exemption from taxation by a | ||
taxing unit of a portion of the appraised value of qualified | ||
property that the person owns in an amount determined under | ||
Subsection (e}. | ||
(c) On receipt of an application for the exemption | ||
authorized by this section, the chief appraiser shall determine | ||
whether any item of qualified property that is the subject of the | ||
application has been rendered uninhabitable and assign to each such | ||
item of qualified property a damage assessment rating of Level I, | ||
Level II, or Level III, as appropriate, as provided by Subsection | ||
(d). | ||
(d) The chief appraiser shall assign to an item of qualified | ||
property: | ||
(1) a Level I damage assessment rating if the property | ||
is at least 30 percent, but less than 60 percent, damaged, meaning | ||
that the property has suffered only nonstructural damage, including | ||
nonstructural damage to the roof, walls, foundation, or mechanical | ||
components, and the waterline, if any, is less than 18 inches above | ||
the floor; | ||
(2) a Level II damage assessment rating if the | ||
property is at least 60 percent damaged but is not a total loss, | ||
meaning that the property has suffered significant structural | ||
damage requiring extensive repair due to the failure or partial | ||
failure of structural elements, wall elements, or the foundation, | ||
or the waterline, if any, is at least 18 inches above the floor; or | ||
(3) a Level III damage assessment rating if the | ||
property is a total loss, meaning that repair of the property is not | ||
feasible. | ||
(e) Subject to Subsection (f), the amount of the exemption | ||
authorized by this section for an item of qualified property is | ||
determined by multiplying the appraised value, determined for the | ||
tax year in which the disaster occurred, of the property by: | ||
(1) 30 percent, if the property is assigned a Level I | ||
damage assessment rating; | ||
(2) 60 percent, if the property is assigned a Level II | ||
damage assessment rating; or | ||
(3) 100 percent, if the property is assigned a Level | ||
III damage assessment rating. | ||
(f) If a person qualifies for the exemption authorized by | ||
this section after the beginning of the tax year, the amount of the | ||
exemption is calculated by multiplying the amount determined under | ||
Subsection (e) by a fraction, the denominator of which is 365 and | ||
the numerator of which is the number of days remaining in the tax | ||
year after the day on which the person's qualified property is | ||
damaged, including the day on which the damage occurred. | ||
(g) If a person qualifies for the exemption authorized by | ||
this section after the amount of the tax due on the qualified | ||
property is calculated and the effect of the qualification is to | ||
reduce the amount of the tax due on the property, the assessor for | ||
each applicable taxing unit shall recalculate the amount of the tax | ||
due on the property and correct the tax roll. If the tax bill has | ||
been mailed and the tax on the property has not been paid, the | ||
assessor shall mail a corrected tax bill to the person in whose name | ||
the property is listed on the tax roll or to the person's authorized | ||
agent. If the tax on the property has been paid, the tax collector | ||
for the taxing unit shall refund to the person who paid the tax the | ||
amount by which the payment exceeded the tax due. No interest is | ||
due on an amount refunded under this subsection. | ||
(h) The exemption authorized by this section expires as to | ||
an item of qualified property on January 1 of the first tax year in | ||
which the property is reappraised under Section 25.18. | ||
SECTION 2. The exemption provided by this action applies | ||
only to an application received on or after the effective date of | ||
this section. | ||
SECTION 3. This Act takes effect September 1, 2023. |