By Hilbert                                      H.B. No. 1776

      75R7272 SMH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to ad valorem taxation.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 1.12, Tax Code, is amended by adding

 1-5     Subsection (d) to read as follows:

 1-6           (d)  For purposes of this section, the appraisal ratio of a

 1-7     residence homestead to which Section 23.21 applies is the ratio of

 1-8     the property's market value as determined by the appraisal district

 1-9     or appraisal review board, as applicable, to the market value of

1-10     the property according to law.  The appraisal ratio is not

1-11     calculated according to the appraised value of the property as

1-12     limited by Section 23.21.

1-13           SECTION 2.  Section 5.12(b), Tax Code, is amended to read as

1-14     follows:

1-15           (b)  At the written request of the governing bodies of a

1-16     majority of all the taxing units participating in an appraisal

1-17     district or of a majority of the group of taxing units composed of

1-18     the participating municipalities, school districts, and the county

1-19     [entitled to vote on the appointment of appraisal district

1-20     directors], the comptroller shall audit the performance of the

1-21     appraisal district.  The governing bodies may request a general

1-22     audit of the performance of the appraisal district or may request

1-23     an audit of only one or more particular duties, practices,

1-24     functions, departments, or other appraisal district matters.

 2-1           SECTION 3.  Section 5.13(h), Tax Code, is amended to read as

 2-2     follows:

 2-3           (h)  At any time after the request for an audit is made, the

 2-4     comptroller may discontinue the audit in whole or part if requested

 2-5     to do so by:

 2-6                 (1)  the governing bodies of a majority of all the

 2-7     taxing units participating in the district, if the audit was

 2-8     requested by a majority of those units;

 2-9                 (2)  the governing bodies of a majority of the group of

2-10     taxing units composed of the participating municipalities, school

2-11     districts, and the county [entitled to vote on the appointment of

2-12     appraisal district directors], if the audit was requested by a

2-13     majority of those units; or

2-14                 (3)  if the audit was requested under Section 5.12(c)

2-15     of this code, by the taxpayers who requested the audit.

2-16           SECTION 4.  Section 6.03, Tax Code, is amended to read as

2-17     follows:

2-18           Sec. 6.03.  Board of Directors.  (a)  The appraisal district

2-19     is governed by a board of five directors.  One director is elected

2-20     from each of the four commissioners precincts in the county for

2-21     which the appraisal district is established and one director is

2-22     elected at large from the county.  The directors are elected at the

2-23     general election for state and county officers and serve two-year

2-24     terms beginning on January 1 of odd-numbered years.

2-25           (b)  To be eligible to serve on the board of directors, an

2-26     individual must:

2-27                 (1)  be a resident of the precinct from which the

 3-1     office is elected or, in the case of the director-at-large, a

 3-2     resident of the county; [district] and

 3-3                 (2)  [must] have resided in the district for at least

 3-4     two years immediately preceding the date the individual takes

 3-5     office.

 3-6           (c)  A [To be eligible to serve on the board of an appraisal

 3-7     district established for a county having a population of at least

 3-8     200,000 bordering a county having a population of at least

 3-9     2,000,000 and the Gulf of Mexico, an individual must be a member of

3-10     the governing body or an elected officer of a taxing unit entitled

3-11     to vote on the appointment of board members under this section.

3-12     However, an employee of a taxing unit that participates in the

3-13     district is not eligible to serve on the board unless the

3-14     individual is also a member of the governing body or an elected

3-15     official of a taxing unit that participates in the district.]

3-16           [(b)  Members of the board of directors serve two-year terms

3-17     beginning on January 1 of even-numbered years.]

3-18           [(c)  Members of the board of directors are appointed by vote

3-19     of the governing bodies of the incorporated cities and towns, the

3-20     school districts, and, if entitled to vote, the conservation and

3-21     reclamation districts that participate in the district and of the

3-22     county.  A governing body may cast all its votes for one candidate

3-23     or distribute them among candidates for any number of

3-24     directorships.  Conservation and reclamation districts are not

3-25     entitled to vote unless at least one conservation and reclamation

3-26     district in the district delivers to the chief appraiser a written

3-27     request to nominate and vote on the board of directors by June 1 of

 4-1     each odd-numbered year.  On receipt of a request, the chief

 4-2     appraiser shall certify a list by June 15 of all eligible

 4-3     conservation and reclamation districts that are imposing taxes and

 4-4     that participate in the district.]

 4-5           [(d)  The voting entitlement of a taxing unit that is

 4-6     entitled to vote for directors is determined by dividing the total

 4-7     dollar amount of property taxes imposed in the district by the

 4-8     taxing unit for the preceding tax year by the sum of the total

 4-9     dollar amount of property taxes imposed in the district for that

4-10     year by each taxing unit that is entitled to vote, by multiplying

4-11     the quotient by 1,000, and by rounding the product to the nearest

4-12     whole number.  That number is multiplied by the number of

4-13     directorships to be filled. A taxing unit participating in two or

4-14     more districts is entitled to vote in each district in which it

4-15     participates, but only the taxes imposed in a district are used to

4-16     calculate voting entitlement in that district.]

4-17           [(e)  The chief appraiser shall calculate the number of votes

4-18     to which each taxing unit other than a conservation and reclamation

4-19     district is entitled and shall deliver written notice to each of

4-20     those units of its voting entitlement before October 1 of each

4-21     odd-numbered year.  The chief appraiser shall deliver the notice:]

4-22                 [(1)  to the county judge and each commissioner of the

4-23     county served by the appraisal district;]

4-24                 [(2)  to the presiding officer of the governing body of

4-25     each city or town participating in the appraisal district, to the

4-26     city manager of each city or town having a city manager, and to the

4-27     city secretary or clerk, if there is one, of each city or town that

 5-1     does not have a city manager; and]

 5-2                 [(3)  to the presiding officer of the governing body of

 5-3     each school district participating in the district and to the

 5-4     superintendent of those school districts.]

 5-5           [(f)  The chief appraiser shall calculate the number of votes

 5-6     to which each conservation and reclamation district entitled to

 5-7     vote for district directors is entitled and shall deliver written

 5-8     notice to the presiding officer of each conservation and

 5-9     reclamation district of its voting entitlement and right to

5-10     nominate a person to serve as a director of the district before

5-11     July 1 of each odd-numbered year.]

5-12           [(g)  Each taxing unit other than a conservation and

5-13     reclamation district that is entitled to vote may nominate by

5-14     resolution adopted by its governing body one candidate for each

5-15     position to be filled on the board of directors.  The presiding

5-16     officer of the governing body of the unit shall submit the names of

5-17     the unit's nominees to the chief appraiser before October 15.]

5-18           [(h)  Each conservation and reclamation district entitled to

5-19     vote may nominate by resolution adopted by its governing body one

5-20     candidate for the district's board of directors.  The presiding

5-21     officer of the conservation and reclamation district's governing

5-22     body shall submit the name of the district's nominee to the chief

5-23     appraiser before July 15 of each odd-numbered year.  Before August

5-24     1, the chief appraiser shall prepare a nominating ballot, listing

5-25     all the nominees of conservation and reclamation districts

5-26     alphabetically by surname, and shall deliver a copy of the

5-27     nominating ballot to the presiding officer of the board of

 6-1     directors of each district.  The board of directors of each

 6-2     district shall determine its vote by resolution and submit it to

 6-3     the chief appraiser before August 15.  The nominee on the ballot

 6-4     with the most votes is the nominee of the conservation and

 6-5     reclamation districts in the appraisal district if the nominee

 6-6     received more than 10 percent of the votes entitled to be cast by

 6-7     all of the conservation and reclamation districts in the appraisal

 6-8     district, and shall be named on the ballot with the candidates

 6-9     nominated by the other taxing units.  The chief appraiser shall

6-10     resolve a tie vote by any method of chance.]

6-11           [(i)  If no nominee of the conservation and reclamation

6-12     districts receives more than 10 percent of the votes entitled to be

6-13     cast under Subsection (h), the chief appraiser, before September 1,

6-14     shall notify the presiding officer of the board of directors of

6-15     each conservation and reclamation district of the failure to select

6-16     a nominee.  Each conservation and reclamation district may submit a

6-17     nominee by September 15 to the chief appraiser as provided by

6-18     Subsection (h).  The chief appraiser shall submit a second

6-19     nominating ballot by October 1 to the conservation and reclamation

6-20     districts as provided by Subsection (h).  The conservation and

6-21     reclamation districts shall submit their votes for nomination

6-22     before October 15 as provided by Subsection (h).  The nominee on

6-23     the second nominating ballot with the most votes is the nominee of

6-24     the conservation and reclamation districts in the appraisal

6-25     district and shall be named on the ballot with the candidates

6-26     nominated by the other taxing units.  The chief appraiser shall

6-27     resolve a tie vote by any method of chance.]

 7-1           [(j)  Before October 30, the chief appraiser shall prepare a

 7-2     ballot, listing the candidates alphabetically according to the

 7-3     first letter in each candidate's surname, and shall deliver a copy

 7-4     of the ballot to the presiding officer of the governing body of

 7-5     each taxing unit that is entitled to vote.]

 7-6           [(k)  The governing body of each taxing unit entitled to vote

 7-7     shall determine its vote by resolution and submit it to the chief

 7-8     appraiser before November 15.  The chief appraiser shall count the

 7-9     votes, declare the five candidates who receive the largest

7-10     cumulative vote totals elected, and submit the results before

7-11     December 1 to the governing body of each taxing unit in the

7-12     district and to the candidates. For purposes of determining the

7-13     number of votes received by the candidates, the candidate receiving

7-14     the most votes of the conservation and reclamation districts is

7-15     considered to have received all of the votes cast by conservation

7-16     and reclamation districts and the other candidates are considered

7-17     not to have received any votes of the conservation and reclamation

7-18     districts. The chief appraiser shall resolve a tie vote by any

7-19     method of chance.]

7-20           [(l)  If a] vacancy [occurs] on the board of directors is

7-21     filled for the remainder of the unexpired term by appointment by

7-22     the commissioners court of the county for which the appraisal

7-23     district is established[, each taxing unit that is entitled to vote

7-24     by this section may nominate by resolution adopted by its governing

7-25     body a candidate to fill the vacancy.  The unit shall submit the

7-26     name of its nominee to the chief appraiser within 10 days after

7-27     notification from the board of directors of the existence of the

 8-1     vacancy, and the chief appraiser shall prepare and deliver to the

 8-2     board of directors within the next five days a list of the

 8-3     nominees.  The board of directors shall elect by majority vote of

 8-4     its members one of the nominees to fill the vacancy].

 8-5           (d)  If as a result of a change in the boundaries of

 8-6     commissioners precincts an individual serving as a director no

 8-7     longer resides in the precinct from which the office is elected,

 8-8     the individual is not for that reason disqualified from office

 8-9     during the remainder of the term of office being served at the time

8-10     the boundary change takes effect.  If as a result of a change in

8-11     the boundaries of commissioners precincts an individual elected as

8-12     a director before the boundary change to a term that begins after

8-13     the boundary change no longer resides in the precinct from which

8-14     elected, the individual is not for that reason disqualified from

8-15     serving the term to which elected.

8-16           [(m)  If a school district participates in an appraisal

8-17     district in which the only property of the school district located

8-18     in the appraisal district is property annexed to the school

8-19     district under Subchapter C or G, Chapter 36, Education Code, an

8-20     individual who does not meet the residency requirements of

8-21     Subsection (a) is eligible to be appointed to the board of

8-22     directors of the appraisal district if:]

8-23                 [(1)  the individual is a resident of the school

8-24     district; and]

8-25                 [(2)  the individual is nominated as a candidate for

8-26     the board of directors by the school district or, if the taxing

8-27     units have adopted a change in the method of appointing board

 9-1     members that does not require a nomination, the school district

 9-2     appoints or participates in the appointment of the individual.]

 9-3           SECTION 5.  Section 6.051(b), Tax Code, is amended to read as

 9-4     follows:

 9-5           (b)  The acquisition or conveyance of real property or the

 9-6     construction or renovation of a building or other improvement by an

 9-7     appraisal district must be approved by the governing bodies of

 9-8     three-fourths of the group of taxing units composed of the

 9-9     municipalities, school districts, and the county participating in

9-10     the appraisal district [entitled to vote on the appointment of

9-11     board members].  The board of directors by resolution may propose a

9-12     property transaction or other action for which this subsection

9-13     requires approval of those [the] taxing units.  The chief appraiser

9-14     shall notify the presiding officer of each governing body entitled

9-15     to vote on the approval of the proposal by delivering a copy of the

9-16     board's resolution, together with information showing the costs of

9-17     other available alternatives to the proposal.  On or before the

9-18     30th day after the date the presiding officer receives notice of

9-19     the proposal, the governing body of a taxing unit by resolution may

9-20     approve or disapprove the proposal.  If a governing body fails to

9-21     act on or before that 30th day or fails to file its resolution with

9-22     the chief appraiser on or before the 10th day after that 30th day,

9-23     the proposal is treated as if it were disapproved by the governing

9-24     body.

9-25           SECTION 6.  Sections 6.06(b) and (i), Tax Code, are amended

9-26     to read as follows:

9-27           (b)  The board of directors shall hold a public hearing to

 10-1    consider the budget.  The secretary of the board shall deliver to

 10-2    the presiding officer of the governing body of each taxing unit

 10-3    participating in the district not later than the 10th day before

 10-4    the date of the hearing a written notice of the date, time, and

 10-5    place fixed for the hearing.  The board shall complete its

 10-6    hearings, make any amendments to the proposed budget it desires,

 10-7    and finally approve a budget before September 15.  If governing

 10-8    bodies of a majority of the group of taxing units composed of the

 10-9    municipalities, school districts, and the county participating in

10-10    the appraisal district [taxing units entitled to vote on the

10-11    appointment of board members] adopt resolutions disapproving a

10-12    budget and file them with the secretary of the board within 30 days

10-13    after its adoption, the budget does not take effect, and the board

10-14    shall adopt a new budget within 30 days of the disapproval.

10-15          (i)  The fiscal year of an appraisal district is the calendar

10-16    year unless the governing bodies of three-fourths of the group of

10-17    taxing units composed of the municipalities, school districts, and

10-18    the county participating in the appraisal district [taxing units

10-19    entitled to vote on the appointment of board members] adopt

10-20    resolutions proposing a different fiscal year and file them with

10-21    the secretary of the board not more than 12 and not less than eight

10-22    months before the first day of the fiscal year proposed by the

10-23    resolutions.  If the fiscal year of an appraisal district is

10-24    changed under this subsection, the chief appraiser shall prepare a

10-25    proposed budget for the fiscal year as provided by Subsection (a)

10-26    of this section before the 15th day of the seventh month preceding

10-27    the first day of the fiscal year established by the change, and the

 11-1    board of directors shall adopt a budget for the fiscal year as

 11-2    provided by Subsection (b) of this section before the 15th day of

 11-3    the fourth month preceding the first day of the fiscal year

 11-4    established by the change.  Unless the appraisal district adopts a

 11-5    different method of allocation under Section 6.061 of this code,

 11-6    the allocation of the budget to each taxing unit shall be

 11-7    calculated as provided by Subsection (d) of this section using the

 11-8    amount of property taxes imposed by each participating taxing unit

 11-9    in the most recent tax year preceding the fiscal year established

11-10    by the change for which the necessary information is available.

11-11    Each taxing unit shall pay its allocation as provided by Subsection

11-12    (e) of this section, except that the first payment shall be made

11-13    before the first day of the fiscal year established by the change

11-14    and subsequent payments shall be made quarterly.  In the year in

11-15    which a change in the fiscal year occurs, the budget that takes

11-16    effect on January 1 of that year may be amended as necessary as

11-17    provided by Subsection (c) of this section in order to accomplish

11-18    the change in fiscal years.

11-19          SECTION 7.  Sections 6.061(b) and (e), Tax Code, are amended

11-20    to read as follows:

11-21          (b)  The taxing units participating in an appraisal district

11-22    may adopt a different method of allocating the costs of operating

11-23    the district if the governing bodies of three-fourths of the group

11-24    of taxing units composed of the municipalities, school districts,

11-25    and the county participating in the appraisal district [taxing

11-26    units that are entitled to vote on the appointment of board

11-27    members] adopt resolutions providing for the other method.

 12-1    However, a change under this subsection is not valid if it requires

 12-2    any taxing unit to pay a greater proportion of the appraisal

 12-3    district's costs than the unit would pay under Section 6.06 of this

 12-4    code without the consent of the governing body of that unit.

 12-5          (e)  A change in allocation of district costs made as

 12-6    provided by this section remains in effect until changed in a

 12-7    manner provided by this section or rescinded by resolution of a

 12-8    majority of the governing bodies of the group of taxing units

 12-9    composed of the municipalities, school districts, and the county

12-10    participating in the appraisal district [that are entitled to vote

12-11    on appointment of board members under Section 6.03 of this code].

12-12          SECTION 8.  Section 6.063(b), Tax Code, is amended to read as

12-13    follows:

12-14          (b)  The report of the audit is a public record.  A copy of

12-15    the report shall be delivered to the presiding officer of the

12-16    governing body of each municipality, each school district, and the

12-17    county participating in the appraisal district [taxing unit

12-18    eligible to vote on the appointment of district directors], and a

12-19    reasonable number of copies shall be available for inspection at

12-20    the appraisal office.

12-21          SECTION 9.  Section 11.13(h), Tax Code, is amended to read as

12-22    follows:

12-23          (h)  Joint or community owners may not each receive the same

12-24    exemption provided by or pursuant to this section for the same

12-25    residence homestead in the same year.  An eligible disabled person

12-26    who is 65 or older may not receive both a disabled and an elderly

12-27    residence homestead exemption but may choose either.  A person may

 13-1    not receive an exemption under this section for more than one

 13-2    residence homestead in the same year.

 13-3          SECTION 10.  Section 11.26, Tax Code, is amended by amending

 13-4    Subsection (b) and adding Subsection (g) to read as follows:

 13-5          (b)  If an individual makes improvements to the individual's

 13-6    [his] residence homestead, other than improvements required to

 13-7    comply with governmental requirements or repairs, the school

 13-8    district may increase the tax on the homestead in the first year

 13-9    the value of the homestead is increased on the appraisal roll

13-10    because of the enhancement of value by the improvements.  The

13-11    amount of the tax increase is determined by applying the current

13-12    tax rate to the difference in the assessed value of the homestead

13-13    with the improvements and the assessed value it would have had

13-14    without the improvements.  The limitations imposed by Subsection

13-15    (a) or (g), as applicable, [of this section] then apply to the

13-16    increased amount of tax until more improvements, if any, are made.

13-17          (g)  Except as provided by Subsection (b), if an individual

13-18    who receives the limitation on tax increases imposed by this

13-19    section subsequently qualifies a different residence homestead for

13-20    an exemption under Section 11.13, a school district may not impose

13-21    ad valorem taxes on the subsequently qualified homestead in a year

13-22    in an amount that exceeds the amount of taxes the school district

13-23    would have imposed on the subsequently qualified homestead in the

13-24    first year in which the individual receives that exemption for the

13-25    subsequently qualified homestead had the limitation on tax

13-26    increases imposed by this section not been in effect, multiplied by

13-27    a fraction the numerator of which is the total amount of school

 14-1    district taxes imposed on the former homestead in the last year in

 14-2    which the individual received that exemption for the former

 14-3    homestead and the denominator of which is the total amount of

 14-4    school district taxes that would have been imposed on the former

 14-5    homestead in the last year in which the individual received that

 14-6    exemption for the former homestead had the limitation on tax

 14-7    increases imposed by this section not been in effect.

 14-8          SECTION 11.  Subchapter B, Chapter 11, Tax Code, is amended

 14-9    by adding Section 11.265 to read as follows:

14-10          Sec. 11.265.  LIMITATION ON COUNTY AND MUNICIPAL TAXES ON

14-11    HOMESTEADS OF ELDERLY.  (a) This section applies to property that

14-12    is subject to the tax increase limitation provided by Section

14-13    1-b(g), Article VIII, Texas Constitution.

14-14          (b)  Each tax year the tax officials shall appraise the

14-15    property and calculate taxes on the property as on other property,

14-16    but if the tax  exceeds the tax increase limitation provided by

14-17    Section 1-b(g), Article VIII, Texas Constitution, the tax imposed

14-18    is the tax permitted to be imposed by that section.

14-19          (c)  The amount of a tax increase imposed because the person

14-20    has made taxable improvements to the person's residence homestead

14-21    is determined in the first tax year after completion of the

14-22    improvements by applying the current tax rate to the difference in

14-23    the appraised value of the homestead including the improvements and

14-24    the appraised value of the property without the improvements.  The

14-25    tax increase limitation provided by Section 1-b(g), Article VIII,

14-26    Texas Constitution, then applies in subsequent tax years to the

14-27    increased amount of tax, subject to later improvements, if any.

 15-1          (d)  The tax increase limitation provided by Section 1-b(g),

 15-2    Article VIII, Texas Constitution, expires if on January 1:

 15-3                (1)  none of the owners of the structure who qualify

 15-4    for the limitation and who owned the structure when the limitation

 15-5    first took effect is using the structure as a residence homestead;

 15-6    or

 15-7                (2)  none of the owners of the structure qualifies for

 15-8    the limitation.

 15-9          (e)  If the appraisal roll provides for taxation of appraised

15-10    value for a previous year because the tax increase limitation

15-11    provided by Section 1-b(g), Article VIII, Texas Constitution, was

15-12    erroneously allowed, the tax assessor shall add, as back taxes due

15-13    as provided by Section 26.09(d), the positive difference, if any,

15-14    between the tax that should have been imposed for that year and the

15-15    tax that was imposed because of Section 1-b(g), Article VIII, Texas

15-16    Constitution.

15-17          (f)  The chief appraiser shall, for each county or

15-18    municipality in the appraisal district, determine the portion of

15-19    the appraised value of residence homesteads on which county or

15-20    municipal taxes are not imposed in a tax year because of the tax

15-21    increase limitation provided by Section 1-b(g), Article VIII, Texas

15-22    Constitution.  That portion is calculated by determining the

15-23    taxable value that, if multiplied by the tax rate adopted by the

15-24    county or municipality for the tax year, would produce an amount

15-25    equal to the amount of tax that would have been imposed by the

15-26    county or municipality on residence homesteads subject to the

15-27    limitation  if the limitation were not in effect.  The chief

 16-1    appraiser shall certify that taxable value to the comptroller as

 16-2    soon as practicable for each tax year.

 16-3          (g)  The tax increase limitation provided by Section 1-b(g),

 16-4    Article VIII, Texas Constitution, does not expire because the owner

 16-5    of an interest in the structure conveys the interest to a

 16-6    qualifying trust as defined by Section 11.13(j) if the owner or the

 16-7    owner's spouse is a trustor of the trust and is entitled to occupy

 16-8    the structure.

 16-9          (h)  The provisions of Subchapter C applicable to an

16-10    exemption provided by Section 11.13 apply to the tax increase

16-11    limitation provided by Section 1-b(g), Article VIII, Texas

16-12    Constitution.

16-13          (i)  Notwithstanding Subsection (h), a person who received

16-14    the exemption provided by Section 11.13(c) in the 1997 tax year is

16-15    not required to apply for the tax increase limitation provided by

16-16    Section 1-b(g), Article VIII, Texas Constitution.  Not later than

16-17    May 1, 1998, the appraisal district in which the school district

16-18    participates shall notify the appraisal  district in which the

16-19    county or municipality participates, if the school district does

16-20    not participate in that appraisal district, that the person

16-21    received the exemption.

16-22          SECTION 12.  Section 11.41, Tax Code, is amended to read as

16-23    follows:

16-24          Sec. 11.41.  PARTIAL OWNERSHIP OF EXEMPT PROPERTY.  (a)  If

16-25    [Except as provided by Subsection (b) of this section, if] a person

16-26    who qualifies for an exemption as provided by this chapter is not

16-27    the sole owner of the property to which the exemption applies, the

 17-1    exemption shall be multiplied by a fraction, the numerator of which

 17-2    is [limited to] the value of the property interest the person owns

 17-3    and  the denominator of which is the value of the property.

 17-4          (b)  [If a person who qualifies for an exemption as provided

 17-5    by Section 11.13 or 11.22 of this code is not the sole owner of the

 17-6    property to which the exemption applies, the amount of the

 17-7    exemption is calculated on the basis of the value of the property

 17-8    interest the person owns.]

 17-9          [(c)]  In the application of this section, community

17-10    ownership by a person who qualifies for the exemption and the

17-11    person's [his] spouse is treated as if the person owns the

17-12    community interest of the  person's [his] spouse.

17-13          SECTION 13.  Section 11.43, Tax Code, is amended by amending

17-14    Subsection (f) and adding Subsection (j) to read as follows:

17-15          (f)  The comptroller, in prescribing the contents of the

17-16    application form for each kind of exemption, shall ensure that the

17-17    form requires an applicant to furnish the information necessary to

17-18    determine the validity of the exemption claim.  The form must

17-19    require an applicant to provide the applicant's name and driver's

17-20    license number, personal identification certificate number, or

17-21    social security account number.  The comptroller  shall include on

17-22    the forms a notice of the penalties prescribed by Section 37.10,

17-23    Penal Code, for making or filing an application containing a false

17-24    statement.  The comptroller shall include, on application forms for

17-25    exemptions that do not have to be claimed annually, a statement

17-26    explaining that the application need not be made annually and that

17-27    if the exemption is allowed, the applicant has a duty to notify the

 18-1    chief appraiser when the applicant's [his] entitlement to the

 18-2    exemption ends.  In this subsection:

 18-3                (1)  "Driver's license" has the meaning assigned that

 18-4    term by Section 521.001, Transportation Code.

 18-5                (2)  "Personal identification certificate" means a

 18-6    certificate issued by the Department of Public Safety under

 18-7    Subchapter E, Chapter 521, Transportation Code.

 18-8          (j)  An application for an exemption under Section 11.13

 18-9    must:

18-10                (1)  list each owner of the residence homestead and the

18-11    interest of each owner;

18-12                (2)  state that the applicant does not claim an

18-13    exemption under that section on another residence homestead;

18-14                (3)  state that each fact contained in the application

18-15    is true; and

18-16                (4)  include a signed statement that the applicant has

18-17    read and understands the notice of the penalties required by

18-18    Subsection (f).

18-19          SECTION 14.  Section 23.01, Tax Code, is amended by amending

18-20    Subsection (b) and adding Subsections (c) and (d) to read as

18-21    follows:

18-22          (b)  The market value of property shall be determined by the

18-23    application of generally accepted appraisal methods and techniques,

18-24    including those recognized by the Uniform Standards of Professional

18-25    Appraisal Practice.  The [and the] same or similar appraisal

18-26    techniques shall be used in appraising the same or similar kinds of

18-27    property.  However, each property shall be appraised based upon the

 19-1    individual characteristics that affect the property's market value.

 19-2          (c)  In determining the market value of real property, the

 19-3    chief appraiser shall:

 19-4                (1)  employ the appropriate methods and techniques;

 19-5                (2)  consider each easement, restriction, encumbrance,

 19-6    lease, reservation, covenant, contract, agreement of sale, listing,

 19-7    option, declaration, ordinance, or closing statement to which the

 19-8    property is subject;

 19-9                (3)  consider each sale of the property that occurred

19-10    not later than one year before the date of the determination if the

19-11    property is residential real property;

19-12                (4)  consider each sale of the property that occurred

19-13    not later than three years before the date of the determination if

19-14    the property is not residential real property;

19-15                (5)  consider, if appropriate, that the property is an

19-16    undivided interest rather than the entire interest;

19-17                (6)  consider existing and probable land use

19-18    regulations, economic demand, the physical adaptability of the

19-19    property, neighborhood trends, and the highest and best use of the

19-20    property;

19-21                (7)  consider any public or private improvement

19-22    proposed to be located on or near the property;

19-23                (8)  appraise each improvement to the property

19-24    according to its contribution to the value of the property;

19-25                (9)  employ the cost, income, or market data comparison

19-26    method for appraisal, or a combination of those methods, as

19-27    applicable; and

 20-1                (10)  avoid employing an average of the prices of

 20-2    comparable sales of property.

 20-3          (d)  The chief appraiser shall:

 20-4                (1)  adequately identify the property appraised;

 20-5                (2)  state the effective date of the determination of

 20-6    market value;

 20-7                (3)  state each date on which and the extent to which

 20-8    the property was inspected; and

 20-9                (4)  if a recognized valuation method is omitted, state

20-10    the reason for the omission.

20-11          SECTION 15.  Subchapter A, Chapter 23, Tax Code, is amended

20-12    by adding Sections 23.011-23.013 to read as follows:

20-13          Sec. 23.011.  COST METHOD OF APPRAISAL.  If the chief

20-14    appraiser uses the cost method of appraisal to determine the market

20-15    value of real property, the chief appraiser shall:

20-16                (1)  use cost data obtained from generally accepted

20-17    sources;

20-18                (2)  make any appropriate adjustment for physical,

20-19    functional, or economic obsolescence;

20-20                (3)  make available to the public on request cost data

20-21    developed and used by the chief appraiser and may charge a

20-22    reasonable fee to the public for the data;

20-23                (4)  clearly state the reason for any variation between

20-24    generally accepted cost data and locally produced cost data if the

20-25    data vary by more than 10 percent; and

20-26                (5)  make available on request all applicable market

20-27    data that demonstrate the difference between the replacement cost

 21-1    of the improvements to the property and the depreciated value of

 21-2    the improvements.

 21-3          Sec. 23.012.  INCOME METHOD OF APPRAISAL.  If the chief

 21-4    appraiser uses the income method of appraisal to determine the

 21-5    market value of real property, the chief appraiser shall:

 21-6                (1)  use rental income and expense data pertaining to

 21-7    the property if possible and applicable;

 21-8                (2)  make any projections of future rental income and

 21-9    expenses only from clear and appropriate evidence;

21-10                (3)  use data from generally accepted sources in

21-11    determining an appropriate capitalization rate; and

21-12                (4)  determine a capitalization rate for

21-13    income-producing property that includes a reasonable return on

21-14    investment, taking into account the risk associated with the

21-15    investment.

21-16          Sec. 23.013.  MARKET DATA COMPARISON METHOD OF APPRAISAL.  If

21-17    the chief appraiser uses the market data comparison method of

21-18    appraisal to determine the market value of real property, the chief

21-19    appraiser shall use comparable sales data if possible.

21-20          SECTION 16.  Section 23.19(g), Tax Code, is amended to read

21-21    as follows:

21-22          (g)  A tax bill or a separate statement accompanying the tax

21-23    bill to a cooperative housing corporation for which interests of

21-24    stockholders are separately appraised under this section must

21-25    state, in addition to the information required by Section 31.01 of

21-26    this code, the appraised value and taxable value of each interest

21-27    separately appraised.  Each exemption claimed as provided by this

 22-1    title by a person entitled to the exemption shall also be deducted

 22-2    from the total appraised value of the property of the corporation.

 22-3    The total tax imposed by a school district, county, or municipality

 22-4    shall be reduced by any amount that represents an increase in taxes

 22-5    attributable to separately appraised interests of the real property

 22-6    and improvements that are subject to the limitation of taxes

 22-7    prescribed by Section 11.26 of this code or Section 1-b(g), Article

 22-8    VIII, Texas Constitution.  The corporation shall apportion among

 22-9    its  stockholders liability for reimbursing the corporation for

22-10    property taxes according to the relative taxable values of their

22-11    interests.

22-12          SECTION 17.  Subchapter B, Chapter 23, Tax Code, is amended

22-13    by adding Section 23.21 to read as follows:

22-14          Sec. 23.21.  LIMITATION ON APPRAISED VALUE OF RESIDENCE

22-15    HOMESTEADS.  (a)  The appraised value of a residence homestead for

22-16    a tax year may not exceed the lesser of:

22-17                (1)  the market value of the property; or

22-18                (2)  the sum of:

22-19                      (A)  105 percent of the appraised value of the

22-20    property for the preceding year; and

22-21                      (B)  the market value of all new improvements to

22-22    the property.

22-23          (b)  When appraising a residence homestead, the chief

22-24    appraiser shall:

22-25                (1)  appraise the property at its market value; and

22-26                (2)  include in the appraisal records both the market

22-27    value of the property and the amount computed under Subsection

 23-1    (a)(2).

 23-2          (c)  The limitation provided by Subsection (a) takes effect

 23-3    as to a residence homestead on January 1 of the tax year following

 23-4    the first tax year the owner qualifies the property for an

 23-5    exemption under Section 11.13.  The limitation expires on January 1

 23-6    of the first tax year that neither the owner of the property when

 23-7    the limitation took effect, the owner's spouse or surviving spouse,

 23-8    nor a minor child of the owner qualifies for an exemption under

 23-9    Section 11.13.

23-10          (d)  This section does not apply to property appraised under

23-11    Subchapter C, D, E, F, or G.

23-12          (e)  In this section, "new improvement" means an improvement

23-13    to a residence homestead that is made after the appraisal of the

23-14    property for the preceding year and that increases the market value

23-15    of the property.  The term does not include ordinary maintenance of

23-16    an existing structure or the grounds or another feature of the

23-17    property.

23-18          SECTION 18.  Section 25.19, Tax Code, is amended by amending

23-19    Subsections (b) and (i) and adding Subsection (j) to read as

23-20    follows:

23-21          (b)  The chief appraiser shall separate real from personal

23-22    property and include in the notice for each:

23-23                (1)  a list of the taxing units in which the property

23-24    is taxable;

23-25                (2)  the appraised value of the property in the

23-26    preceding year;

23-27                (3)  the assessed and taxable value of the property in

 24-1    the preceding year for each taxing unit taxing the property;

 24-2                (4)  the appraised value of the property for the

 24-3    current year and the kind and amount of each partial exemption, if

 24-4    any, approved for the current year;

 24-5                (5)  if the appraised value is greater than it was in

 24-6    the preceding year:

 24-7                      (A)  the effective tax rate that would be

 24-8    announced pursuant to Section 26.04 of this code if the total

 24-9    values being submitted to the appraisal review board were to be

24-10    approved by the board with an explanation that that rate would

24-11    raise the same amount of revenue from property taxed in the

24-12    preceding year as the unit raised for those purposes in the

24-13    preceding year;

24-14                      (B)  the amount of tax that would be imposed on

24-15    the property on the basis of the rate described by Paragraph (A) of

24-16    this subdivision; and

24-17                      (C)  a statement that the governing body of the

24-18    unit may not adopt a rate that will increase tax revenues for

24-19    operating purposes from properties taxed in the preceding year

24-20    without publishing notice in a newspaper that it is considering a

24-21    tax increase and holding a hearing for taxpayers to discuss the tax

24-22    increase;

24-23                (6)  in italic typeface, the following statement:  "The

24-24    Texas Legislature does not set the amount of your local taxes.

24-25    Your property tax burden is decided by your locally elected

24-26    officials, and all inquiries concerning your taxes should be

24-27    directed to those officials";

 25-1                (7)  a detailed [brief] explanation of the time and

 25-2    procedure for protesting the value;

 25-3                (8)  the date and place the appraisal review board will

 25-4    begin hearing protests; and

 25-5                (9)  a brief explanation that:

 25-6                      (A)  the governing body of each taxing unit

 25-7    decides whether or not taxes on the property will increase and the

 25-8    appraisal district only determines the value of the property; and

 25-9                      (B)  a taxpayer who objects to increasing taxes

25-10    and government expenditures should complain to the governing bodies

25-11    of the taxing units and only complaints about value should be

25-12    presented to the appraisal office and the appraisal review board.

25-13          (i)  By May 15 or as soon thereafter as practicable, the

25-14    chief appraiser shall deliver a written notice to the owner of each

25-15    property not included in a notice required to be delivered under

25-16    Subsection (a), if the property was reappraised in the current tax

25-17    year, if the ownership of the property changed during the preceding

25-18    year, or if the property owner or the agent of a property owner

25-19    authorized under Section 1.111 makes a written request for the

25-20    notice.  The chief appraiser shall separate real from personal

25-21    property and include in the notice for each property:

25-22                (1)  the appraised value of the property in the

25-23    preceding year;

25-24                (2)  the appraised value of the property for the

25-25    current year and the kind of each partial exemption, if any,

25-26    approved for the current year;

25-27                (3)  a detailed [brief] explanation of the time and

 26-1    procedure for protesting the value; and

 26-2                (4)  the date and place the appraisal review board will

 26-3    begin hearing protests.

 26-4          (j)  Delivery with a notice required by Subsection (a) or (i)

 26-5    of a copy of the pamphlet published by the comptroller under

 26-6    Section 5.06 is sufficient to comply with the requirement that the

 26-7    notice include the information specified by Subsection (b)(7) or

 26-8    (i)(3), as applicable.

 26-9          SECTION 19.  Sections 26.012(6), (13), and (14), Tax Code,

26-10    are amended to read as follows:

26-11                (6)  "Current total value" means the total taxable

26-12    value of property listed on the appraisal roll for the current

26-13    year, including all appraisal roll supplements and corrections as

26-14    of the date of the calculation, less the taxable value of property

26-15    exempted for the current tax year for the first time under Section

26-16    11.31, except that the current total value for a school district,

26-17    county, or municipality excludes the total value of homesteads that

26-18    qualify  for a tax limitation as provided by Section 11.26 of this

26-19    code or Section 1-b(g), Article VIII, Texas Constitution.

26-20                (13)  "Last year's levy" means the total of:

26-21                      (A)  the amount of taxes that would be generated

26-22    by multiplying the total tax rate adopted by the governing body in

26-23    the preceding year by the total taxable value of property on the

26-24    appraisal roll for the preceding year, including all appraisal roll

26-25    supplements and corrections other than corrections made pursuant to

26-26    Section 25.25(d) of this code, as of the date of the calculation,

26-27    except that last year's taxable value for a school district,

 27-1    county, or municipality excludes the total value of homesteads that

 27-2    qualified for  a tax limitation as provided by Section 11.26 of

 27-3    this code or Section 1-b(g), Article VIII, Texas Constitution;  and

 27-4                      (B)  the amount of taxes refunded by the taxing

 27-5    unit in the preceding year for tax years before that year.

 27-6                (14)  "Last year's total value" means the total taxable

 27-7    value of property listed on the appraisal roll for the preceding

 27-8    year, including all appraisal roll supplements and corrections,

 27-9    other than corrections made pursuant to Section 25.25(d) of this

27-10    code, as of the date of the calculation, except that last year's

27-11    taxable value for a school district, county, or municipality

27-12    excludes the total value of homesteads that qualified for a tax

27-13    limitation as provided by Section 11.26 of this code or Section

27-14    1-b(g), Article VIII, Texas Constitution.

27-15          SECTION 20.  Section 33.01, Tax Code, is amended by adding

27-16    Subsections (d) and (e) to read as follows:

27-17          (d)  In lieu of the penalty imposed under Subsection (a), a

27-18    delinquent tax incurs a penalty of 50 percent of the amount of the

27-19    tax without regard to the number of  months the tax has been

27-20    delinquent if the tax is delinquent because the property owner

27-21    received an exemption under:

27-22                (1)  Section 11.13 and the chief appraiser subsequently

27-23    cancels the exemption because the residence was not the principal

27-24    residence of the property owner and the property owner received an

27-25    exemption for another residence homestead for the tax year in which

27-26    the tax was imposed;

27-27                (2)  Section 11.13(c) or (d) for a person who is 65 or

 28-1    older and the chief appraiser subsequently cancels the exemption

 28-2    because the property owner was younger than 65 on the exemption

 28-3    qualification date; or

 28-4                (3)  Section 11.13(q) and the chief appraiser

 28-5    subsequently cancels the exemption because the property owner was

 28-6    younger than 55 when the property owner's spouse died.

 28-7          (e)  A penalty imposed under Subsection (d) does not apply

 28-8    if, at any time before the date the tax becomes delinquent, the

 28-9    property owner gives to the chief appraiser of the appraisal

28-10    district in which the property is located written notice of

28-11    circumstances that would disqualify the owner for the exemption.

28-12          SECTION 21.  Subchapter C, Chapter 41, Tax Code, is amended

28-13    by adding Section 41.414 to read as follows:

28-14          Sec. 41.414.  PROTEST OF APPRAISED VALUE OF RESIDENCE

28-15    HOMESTEAD.  In a protest of the appraised value of a residence

28-16    homestead, if the appraised value for the current year is the value

28-17    calculated as provided by Section 23.21(a)(2), the property owner

28-18    is not entitled to protest the appraised value for the preceding

28-19    year that is used in the calculation of the appraised value for the

28-20    current year.

28-21          SECTION 22.  Section 52.092(d), Election Code, is amended to

28-22    read as follows:

28-23          (d)  District offices of the state government shall be listed

28-24    in the following order:

28-25                (1)  member, State Board of Education;

28-26                (2)  state senator;

28-27                (3)  state representative;

 29-1                (4)  chief justice, court of appeals;

 29-2                (5)  justice, court of appeals;

 29-3                (6)  district judge;

 29-4                (7)  criminal district judge;

 29-5                (8)  family district judge;

 29-6                (9)  district attorney;

 29-7                (10)  criminal district attorney;

 29-8                (11)  appraisal district director.

 29-9          SECTION 23.  Section 172.024, Election Code, is amended by

29-10    adding Subsection (c) to read as follows:

29-11          (c)  For the office of appraisal district director, the

29-12    filing fee for a candidate for nomination in the general primary

29-13    election is:

29-14                (1)  county with a population of 200,000 or more.. $400

29-15                (2)  county with a population under 200,000 ....  200. 

29-16          SECTION 24.  Section 403.302(d), Government Code, is amended

29-17    to read as follows:

29-18          (d)  For the purposes of this section, "taxable value" means

29-19    market value less:

29-20                (1)  the total dollar amount of any exemptions of part

29-21    but not all of the value of taxable property required by the

29-22    constitution or a statute that a district lawfully granted in the

29-23    year that is the subject of the study;

29-24                (2)  the total dollar amount of any exemptions granted

29-25    before May 31, 1993, within a reinvestment zone under agreements

29-26    authorized by Chapter 312, Tax Code;

29-27                (3)  the total dollar amount of any captured appraised

 30-1    value of property that is located in a reinvestment zone and that

 30-2    is eligible for tax increment financing under Chapter 311, Tax

 30-3    Code;

 30-4                (4)  the total dollar amount of any exemptions granted

 30-5    under Section 11.251, Tax Code;

 30-6                (5)  the difference between the market value and the

 30-7    productivity value of land that qualifies for appraisal on the

 30-8    basis of its productive capacity, except that the productivity

 30-9    value may not exceed the fair market value of the land;

30-10                (6)  the portion of the appraised value of residence

30-11    homesteads of the elderly on which school district taxes are not

30-12    imposed in the year that is the subject of the study, calculated as

30-13    if the residence homesteads were appraised at the full value

30-14    required by law;

30-15                (7)  a portion of the market value of property not

30-16    otherwise fully taxable by the district at market value because of

30-17    action required by statute or the constitution of this state that,

30-18    if the tax rate adopted by the district is applied to it, produces

30-19    an amount equal to the difference between the tax that the district

30-20    would have imposed on the property if the property were fully

30-21    taxable at market value and the tax that the district is actually

30-22    authorized to impose on the property; [and]

30-23                (8)  the market value of all tangible personal

30-24    property, other than manufactured homes, owned by a family or

30-25    individual and not held or used for the production of income; and

30-26                (9)  the amount by which the market value of a

30-27    residence homestead to which Section 23.21, Tax Code, applies

 31-1    exceeds the appraised value of that property as calculated under

 31-2    that section.

 31-3          SECTION 25.  The following provisions of the Tax Code are

 31-4    repealed:

 31-5                (1)  Section 6.031;

 31-6                (2)  Section 6.033;

 31-7                (3)  Section 6.034;

 31-8                (4)  Section 6.037; and

 31-9                (5)  Section 6.10.

31-10          SECTION 26.  (a)   Except as otherwise provided by this

31-11    section, this Act takes effect January 1, 1998.

31-12          (b)  This section and Sections 22 and 23 of this Act take

31-13    effect September 1, 1997.

31-14          (c)  Sections 2-8 and 25 of this Act take effect January 1,

31-15    1999.

31-16          (d)  Sections 1, 17, 21, and 24 of this Act take effect only

31-17    if the constitutional amendment proposed by the 75th Legislature,

31-18    Regular Session, 1997, to authorize the legislature to limit the

31-19    appraised value of residence homesteads for ad valorem tax purposes

31-20    is approved by the voters.  If that amendment is not approved by

31-21    the voters, those sections of this Act have no effect.

31-22          (e)  Section 10 of this Act takes effect only if the

31-23    constitutional amendment proposed by the 75th Legislature, Regular

31-24    Session, 1997, to provide for transferring the school tax freeze

31-25    for an elderly person from a former homestead to a newly acquired

31-26    homestead is approved by the voters.  If that amendment is not

31-27    approved by the voters, that section of this Act has no effect.

 32-1          (f)  Sections 11, 16, and 19 of this Act take effect only if

 32-2    the constitutional amendment proposed by the 75th Legislature,

 32-3    Regular Session, 1997, to limit county and municipal ad valorem

 32-4    taxes on the residence homestead of an elderly person is approved

 32-5    by the voters.  If that amendment is not approved by the voters,

 32-6    those sections of this Act have no effect.

 32-7          (g)  The change in law made to Section 11.43(f), Tax Code, by

 32-8    Section 13 of this Act applies only to an application for an

 32-9    exemption from ad valorem taxation filed on or after the effective

32-10    date of this Act.  An application for an exemption from ad valorem

32-11    taxation filed before the effective date of this Act is covered by

32-12    the law in effect on the date the application was filed, and that

32-13    law is continued in effect for that purpose.

32-14          (h)  The change in law made by Section 20 of this Act applies

32-15    only to a penalty incurred on ad valorem taxes that become

32-16    delinquent on or after the effective date of this Act.  A penalty

32-17    incurred on ad valorem taxes that became delinquent before the

32-18    effective date of this Act is covered by the law in effect when the

32-19    taxes became delinquent, and that law is continued in effect for

32-20    that purpose.

32-21          (i)  Appraisal district directors shall be elected under this

32-22    Act beginning with the primary and general elections conducted in

32-23    1998.  Members then elected take office January 1, 1999.

32-24          (j)  The change in the manner of selection of appraisal

32-25    district directors made by this Act does not affect the selection

32-26    of directors who serve on the board before January 1, 1999.

32-27          (k)  The term of an appraisal district director serving on

 33-1    December 31, 1998, expires on January 1, 1999.

 33-2          SECTION 27.  The importance of this legislation and the

 33-3    crowded condition of the calendars in both houses create an

 33-4    emergency and an imperative public necessity that the

 33-5    constitutional rule requiring bills to be read on three several

 33-6    days in each house be suspended, and this rule is hereby suspended.