By Cain                                                S.B. No. 868
         76R6480 SMH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the treatment of the limitation on increases in the
 1-3     appraised value of a residence homestead in the determination of
 1-4     school district property values by the comptroller.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 403.302(d), Government Code, as amended
 1-7     by Section 44, Chapter 1039, Section 63, Chapter 1040, and Section
 1-8     27, Chapter 1071, Acts of the 75th Legislature, Regular Session,
 1-9     1997, is reenacted and amended to read as follows:
1-10           (d)  For the purposes of this section, "taxable value" means
1-11     the market value of all taxable property less:
1-12                 (1)  the total dollar amount of any residence homestead
1-13     exemptions lawfully granted under Section 11.13(b) or (c), Tax
1-14     Code, in the year that is the subject of the study for each school
1-15     district;
1-16                 (2)  the total dollar amount of any exemptions granted
1-17     before May 31, 1993, within a reinvestment zone under agreements
1-18     authorized by Chapter 312, Tax Code;
1-19                 (3)  the total dollar amount of any captured appraised
1-20     value of property that is located in a reinvestment zone on August
1-21     31, 1999, generates a tax increment paid into a tax increment fund,
1-22     and is eligible for tax increment financing under Chapter 311, Tax
1-23     Code, under a reinvestment zone financing plan approved under
1-24     Section 311.011(d), Tax Code, before September 1, 1999;
 2-1                 (4)  the total dollar amount of any exemptions granted
 2-2     under Section 11.251, Tax Code;
 2-3                 (5)  the difference between the comptroller's estimate
 2-4     of the market value and the productivity value of land that
 2-5     qualifies for appraisal on the basis of its productive capacity,
 2-6     except that the productivity value estimated by the comptroller may
 2-7     not exceed the fair market value of the land;
 2-8                 (6)  the portion of the appraised value of residence
 2-9     homesteads of the elderly on which school district taxes are not
2-10     imposed in the year that is the subject of the study, calculated as
2-11     if the residence homesteads were appraised at the full value
2-12     required by law;
2-13                 (7)  a portion of the market value of property not
2-14     otherwise fully taxable by the district at market value because of
2-15     action required by statute or the constitution of this state that,
2-16     if the tax rate adopted by the district is applied to it, produces
2-17     an amount equal to the difference between the tax that the district
2-18     would have imposed on the property if the property were fully
2-19     taxable at market value and the tax that the district is actually
2-20     authorized to impose on the property, if this subsection does not
2-21     otherwise require that portion to be deducted;
2-22                 (8)  the market value of all tangible personal
2-23     property, other than manufactured homes, owned by a family or
2-24     individual and not held or used for the production of income;
2-25                 (9)  the appraised value of property the collection of
2-26     delinquent taxes on which is deferred under Section 33.06, Tax
2-27     Code;
 3-1                 (10)  the portion of the appraised value of property
 3-2     the collection of delinquent taxes on which is deferred under
 3-3     Section 33.065, Tax Code; and
 3-4                 (11)  the amount by which the market value of a
 3-5     residence homestead to which Section 23.23, Tax Code, applies
 3-6     exceeds the appraised value of that property as calculated under
 3-7     that section and as adjusted by applying the median level of
 3-8     appraisal by the appraisal district for the appropriate category of
 3-9     property as determined by the comptroller under Section 5.10, Tax
3-10     Code.
3-11           SECTION 2.  This Act takes effect September 1, 1999.
3-12           SECTION 3.  The importance of this legislation and the
3-13     crowded condition of the calendars in both houses create an
3-14     emergency and an imperative public necessity that the
3-15     constitutional rule requiring bills to be read on three several
3-16     days in each house be suspended, and this rule is hereby suspended.