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House Bill 770 |
House Author: Howard, Donna et al. |
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Effective: 1-1-10 |
Senate Sponsor: Jackson, Mike et al. |
House Bill 770 amends the Tax Code to entitle a nonprofit community business organization as defined in the bill to a property tax exemption for certain buildings and tangible personal property that contribute to its primary functions or to beneficiaries of such organizations. It entitles the organization also to a tax exemption of no more than three years for real property it owns consisting of an incomplete improvement under active construction or other physical preparation, if designed and intended to be used exclusively by such an organization, and for land on which the improvement is located that will be reasonably necessary for the use of the improvement. An organization, in order to qualify, must meet specified criteria and be engaged primarily in promoting the common economic interests of commercial enterprises, improving the business conditions of one or more types of business, or otherwise providing services to aid in economic development.
House Bill 770 allows the owner of a residential structure to continue to receive a residence homestead exemption, if the structure is rendered uninhabitable or unusable by a casualty or wind or water damage, while the owner replaces the structure and on the condition that the owner does not establish a different residence homestead. The bill sets a deadline for beginning construction of the replacement and limits the continuation of the exemption to two years. A tax lien attaches and taxes and interest must be paid if the property is sold before construction is completed, excluding a sale for right-of-way or to the state or a political subdivision for a public purpose. A school tax freeze applicable to the elderly or disabled, if any, remains in effect, as does a limitation, if any, on county, municipal, or junior college district tax increases. The bill specifies how improvements to the property are to be treated for appraisal purposes.
House Bill 770 amends the Natural Resources Code to prohibit a county attorney, district attorney, criminal district attorney, or the attorney general from filing suit for a temporary court order or injunction to remove a house from a public beach, if the line of vegetation establishing the boundary of the public beach moved as a result of a meteorological event occurring before 2009, the house was located landward of that vegetation before the event, a portion of the house remains landward of such line, and it is located on a peninsula in a county bordering the Gulf of Mexico with a population of more than 250,000 and less than 251,000. The bill allows the owner of such a house to repair or rebuild the house if it was damaged or destroyed by the event, but lifts the prohibition against filing of a suit if the owner fails to repair or rebuild before September 1, 2013.