By Hamric                                             H.B. No. 1127
       74R2743 SMH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the prohibition on increasing the total amount of ad
    1-3  valorem taxes imposed on the residence homestead of an elderly
    1-4  person.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  The heading to Section 11.26, Tax Code, is
    1-7  amended to read as follows:
    1-8        Sec. 11.26.  LIMITATION OF TAXES <SCHOOL TAX> ON HOMESTEADS
    1-9  OF ELDERLY.
   1-10        SECTION 2.  Sections 11.26(a), (b), and (e), Tax Code, are
   1-11  amended to read as follows:
   1-12        (a)  Except as provided by Subsection (b) of this section, a
   1-13  taxing unit <school district> may not increase the total annual
   1-14  amount of ad valorem tax it imposes on the residence homestead of
   1-15  an individual 65 years or older above the amount of the tax it
   1-16  imposed in the first year the individual qualified that residence
   1-17  homestead for the exemption provided by Subsection (c) or (d) of
   1-18  Section 11.13 of this code for an individual 65 years of age or
   1-19  older.  The tax officials shall continue to appraise the property
   1-20  and to calculate taxes as on other property, but if the tax so
   1-21  calculated exceeds the limitation imposed by this section, the tax
   1-22  imposed is the tax imposed in the first year the individual
   1-23  qualified the residence homestead for the exemption.
   1-24        (b)  If an individual makes improvements to his residence
    2-1  homestead, other than improvements required to comply with
    2-2  governmental requirements or repairs, the taxing unit <school
    2-3  district> may increase the tax on the homestead in the first year
    2-4  the value of the homestead is increased on the appraisal roll
    2-5  because of the enhancement of value by the improvements.  The
    2-6  amount of the tax increase is determined by applying the current
    2-7  tax rate to the difference in the assessed value of the homestead
    2-8  with the improvements and the assessed value it would have had
    2-9  without the improvements.  The limitations imposed by Subsection
   2-10  (a) of this section then apply to the increased amount of tax until
   2-11  more improvements, if any, are made.
   2-12        (e)  For each taxing unit <school district> in an appraisal
   2-13  district, the chief appraiser shall determine the portion of the
   2-14  appraised value of residence homesteads of the elderly on which
   2-15  <school district> taxes are not imposed in a tax year because of
   2-16  the limitation on tax increases imposed by this section.  That
   2-17  portion is calculated by determining the taxable value that, if
   2-18  multiplied by the tax rate adopted by the taxing unit <school
   2-19  district> for the tax year, would produce an amount equal to the
   2-20  amount of tax that would have been imposed by the taxing unit
   2-21  <school district> on residence homesteads of the elderly if the
   2-22  limitation on tax increases imposed by this section were not in
   2-23  effect, but that was not imposed because of that limitation.  The
   2-24  chief appraiser shall determine that taxable value and certify it
   2-25  to the comptroller as soon as practicable for each tax year.
   2-26        SECTION 3.  Section 23.19(g), Tax Code, is amended to read as
   2-27  follows:
    3-1        (g)  A tax bill or a separate statement accompanying the tax
    3-2  bill to a cooperative housing corporation for which interests of
    3-3  stockholders are separately appraised under this section must
    3-4  state, in addition to the information required by Section 31.01 of
    3-5  this code, the appraised value and taxable value of each interest
    3-6  separately appraised.  Each exemption claimed as provided by this
    3-7  title by a person entitled to the exemption shall also be deducted
    3-8  from the total appraised value of the property of the corporation.
    3-9  The total tax imposed by a taxing unit <school district> shall be
   3-10  reduced by any amount that represents an increase in taxes
   3-11  attributable to separately appraised interests of the real property
   3-12  and improvements that are subject to the limitation of taxes
   3-13  prescribed by Section 11.26 of this code.  The corporation shall
   3-14  apportion among its stockholders liability for reimbursing the
   3-15  corporation for property taxes according to the relative taxable
   3-16  values of their interests.
   3-17        SECTION 4.  Sections 26.012(6), (13), and (14), Tax Code, are
   3-18  amended to read as follows:
   3-19              (6)  "Current total value" means the total taxable
   3-20  value of property listed on the appraisal roll for the current
   3-21  year, including all appraisal roll supplements and corrections as
   3-22  of the date of the calculation, less the taxable value of property
   3-23  exempted for the current tax year for the first time under Section
   3-24  11.31 and excluding<, except that the current total value for a
   3-25  school district excludes> the total value of homesteads that
   3-26  qualify for a tax limitation as provided by Section 11.26.
   3-27              (13)  "Last year's levy" means the amount of taxes that
    4-1  would be generated by multiplying the total tax rate adopted by the
    4-2  governing body in the preceding year by the total taxable value of
    4-3  property on the appraisal roll for the preceding year, including
    4-4  all appraisal roll supplements and corrections as of the date of
    4-5  the calculation but excluding<, except that last year's taxable
    4-6  value for a school district excludes> the total value of homesteads
    4-7  that qualified for a tax limitation as provided by Section 11.26 of
    4-8  this code.
    4-9              (14)  "Last year's total value" means the total taxable
   4-10  value of property listed on the appraisal roll for the preceding
   4-11  year, including all appraisal roll supplements and corrections as
   4-12  of the date of the calculation but excluding<, except that last
   4-13  year's taxable value for a school district excludes> the total
   4-14  value of homesteads that qualified for a tax limitation as provided
   4-15  by Section 11.26 of this code.
   4-16        SECTION 5.  This Act takes effect January 1, 1996, and
   4-17  applies only to taxes imposed for tax years beginning on or after
   4-18  that date, but only if the constitutional amendment proposed by the
   4-19  74th Legislature, Regular Session, 1995, relating to the
   4-20  prohibition on increasing the total amount of ad valorem taxes
   4-21  imposed on the residence homestead of an elderly person is approved
   4-22  by the voters.  If that amendment is not approved by the voters,
   4-23  this Act has no effect.
   4-24        SECTION 6.  The importance of this legislation and the
   4-25  crowded condition of the calendars in both houses create an
   4-26  emergency and an imperative public necessity that the
   4-27  constitutional rule requiring bills to be read on three several
    5-1  days in each house be suspended, and this rule is hereby suspended.