78R2444 SMH-D

By:  Gutierrez                                                    H.B. No. 701


A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on increasing the total amount of ad valorem taxes imposed by a taxing unit other than a hospital district on the residence homestead of a disabled person, an elderly person, or an elderly person's surviving spouse. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 11.26, Tax Code, is amended to read as follows: Sec. 11.26. LIMITATION OF TAXES [SCHOOL TAX] ON HOMESTEADS OF DISABLED OR ELDERLY. (a) The limitation on tax increases imposed by this section does not apply to taxes imposed by a hospital district. (b) The tax officials shall appraise the property to which this section applies and calculate taxes as on other property, but if the tax [so] calculated exceeds the limitation imposed by this section, the tax imposed is the amount of the tax as limited by this section, except as otherwise provided by this section. If an individual qualifies a residence homestead for an exemption provided by Section 11.13(c) or (d) for an individual who is disabled or is 65 years of age or older, a taxing unit [A school district] may not increase the total annual amount of ad valorem tax it imposes on the residence homestead in any tax year following the first tax year in which the individual qualified the residence homestead for the exemption [of an individual 65 years or older] above the amount of the tax it imposed in the preceding [first] tax year [in which the individual qualified that residence homestead for the exemption provided by Section 11.13(c) for an individual 65 years of age or older. If the individual qualified that residence homestead for the exemption after the beginning of that first year and the residence homestead remains eligible for the exemption for the next year, and if the school district taxes imposed on the residence homestead in the next year are less than the amount of taxes imposed in that first year, a school district may not subsequently increase the total annual amount of ad valorem taxes it imposes on the residence homestead above the amount it imposed in the year immediately following the first year for which the individual qualified that residence homestead for the exemption], except as provided by Subsection (c) [(b). If the first tax year the individual qualified the residence homestead for the exemption provided by Section 11.13(c) was a tax year before the 1997 tax year, the amount of the limitation provided by this section is the amount of tax the school district imposed for the 1996 tax year less an amount equal to the amount determined by multiplying $10,000 times the tax rate of the school district for the 1997 tax year, plus any 1997 tax attributable to improvements made in 1996, other than improvements made to comply with governmental regulations or repairs]. (c) [(b)] If an individual makes improvements to the individual's residence homestead, other than improvements required to comply with governmental requirements or repairs, a taxing unit [the school district] may increase the tax on the homestead in the first year the value of the homestead is increased on the appraisal roll because of the enhancement of value by the improvements. The amount of the tax increase is determined by applying the current tax rate to the difference in the assessed value of the homestead with the improvements and the assessed value it would have had without the improvements. A limitation under [imposed by] this section [then] applies to the increased amount of tax in subsequent tax years until more improvements, if any, are made. (d) [(c)] The limitation on tax increases required by this section expires if on January 1: (1) none of the owners of the structure who qualify for the exemption and who owned the structure when the limitation first took effect is using the structure as a residence homestead; or (2) none of the owners of the structure qualifies for an [the] exemption provided by Section 11.13(c) or (d) for an individual who is disabled or is 65 years of age or older. (e) [(d)] If the appraisal roll provides for taxation of appraised value for a prior year because a residence homestead exemption for persons who are disabled or are 65 years of age or older was erroneously allowed, the tax assessor shall add, as back taxes due as provided by [Subsection (d) of] Section 26.09(d) [26.09 of this code], the positive difference if any between the tax that should have been imposed for that year and the tax that was imposed because of the provisions of this section. (f) [(e)] For each school district participating in an appraisal district, the chief appraiser shall determine the portion of the appraised value of residence homesteads [of the elderly] on which school district taxes are not imposed in a tax year because of the limitation on tax increases imposed by this section. That portion is calculated by determining the taxable value that, if multiplied by the tax rate adopted by each [the] school district for the tax year, would produce an amount equal to the amount of tax that would have been imposed by the school district on those residence homesteads [of the elderly] if the limitation on tax increases imposed by this section were not in effect, but that was not imposed because of that limitation. The chief appraiser shall determine that taxable value and certify it to the comptroller as soon as practicable for each tax year. (g) [(f)] The limitation on tax increases required by this section does not expire because the owner of an interest in the structure conveys the interest to a qualifying trust as defined by Section 11.13(j) if the owner or the owner's spouse is a trustor of the trust and is entitled to occupy the structure. (h) [(g)] Except as provided by Subsection (c) [(b)], if an individual who receives a limitation on tax increases imposed by this section, including a surviving spouse who receives a limitation under Subsection (j) [(i)], subsequently qualifies a different residence homestead for an exemption under Section 11.13, a taxing unit [school district] may not impose ad valorem taxes on the subsequently qualified homestead in a year in an amount that exceeds the amount of taxes the taxing unit [school district] would have imposed on the subsequently qualified homestead in the first year in which the individual receives the [that] exemption for the subsequently qualified homestead had the limitation on tax increases imposed by this section not been in effect, multiplied by a fraction the numerator of which is the total amount of [school district] taxes imposed by a taxing unit of the same type on the former homestead in the last year in which the individual received the [that] exemption for the former homestead and the denominator of which is the total amount of [school district] taxes that would have been imposed by the taxing unit of the same type on the former homestead in the last year in which the individual received the [that] exemption for the former homestead had the limitation on tax increases imposed by this section not been in effect. Except as provided by Subsection (c), if in any year following the year in which the individual qualifies the subsequent homestead for an exemption under Section 11.13 the amount of taxes imposed by a taxing unit on the homestead is less than the amount of taxes imposed by that taxing unit in the preceding year, the taxing unit may not increase the taxes it imposes on the homestead above that amount in any subsequent year. The limitation imposed by this subsection does not apply to a taxing unit if the former homestead was not subject to taxation by a taxing unit of the same type in the last year in which the individual received the exemption for the former homestead. For purposes of this subsection, a taxing unit is of the same type as another taxing unit if the taxing units: (1) are both municipalities, both counties, both school districts, or both junior college districts; or (2) are taxing units not described by Subdivision (1) and one taxing unit provides one or more of the same types of services as the other. (i) [(h)] An individual who receives a limitation on tax increases under this section, including a surviving spouse who receives a limitation under Subsection (j) [(i)], and who subsequently qualifies a different residence homestead for an exemption under Section 11.13, or an agent of the individual, is entitled to receive from the chief appraiser of the appraisal district in which the former homestead was located a written certificate providing the information necessary to determine whether the individual may qualify for a limitation on the subsequently qualified homestead under Subsection (h) [(g)] and to calculate the amount of taxes the taxing units [school district] may impose on the subsequently qualified homestead. (j) [(i)] If an individual who qualifies for the exemption provided by Section 11.13(c) or (d) for an individual 65 years of age or older dies, the surviving spouse of the individual is entitled to the limitation applicable to the residence homestead of the individual if: (1) the surviving spouse is 55 years of age or older when the individual dies; and (2) the residence homestead of the individual: (A) is the residence homestead of the surviving spouse on the date that the individual dies; and (B) remains the residence homestead of the surviving spouse. (k) [(j)] If an individual who qualifies for an exemption provided by Section 11.13(c) or (d) for an individual 65 years of age or older dies in the first year in which the individual qualified for the exemption and the individual first qualified for the exemption after the beginning of that year, except as provided by Subsection (l) [(k)], the amount to which the surviving spouse's [school district] taxes imposed by a taxing unit are limited under Subsection (j) [(i)] is the amount of [school district] taxes imposed by the taxing unit on the residence homestead in that year determined as if the individual qualifying for the exemption had lived for the entire year. (l) [(k)] If in a [the first] tax year after the year in which an individual dies in the circumstances described by Subsection (k) [(j)] the amount of [school district] taxes imposed by a taxing unit on the residence homestead of the surviving spouse is less than the amount of [school district] taxes imposed by the taxing unit [in the preceding year] as limited by Subsection (k) [(j)], in a subsequent tax year the [surviving spouse's school district] taxes imposed by that taxing unit on that residence homestead are limited to the lesser amount of taxes imposed by the taxing unit [district] in that [first] tax year [after the year in which the individual dies]. (m) For the purpose of calculating a limitation on tax increases by a school district under this section, an individual who qualified a residence homestead before January 1, 2003, for an exemption under Section 11.13(c) or (d) for an individual who is disabled is considered to have qualified the homestead for that exemption on January 1, 2003. (n) For the purpose of calculating a limitation on tax increases by a taxing unit other than a school district under this section, an individual who qualified a residence homestead before January 1, 2003, for an exemption under Section 11.13(c) or (d) for an individual who is disabled or is 65 years of age or older is considered to have qualified the homestead for that exemption on January 1, 2003. (o) For the purpose of qualifying under Subsection (h) for the limitation on taxes on a subsequently qualified homestead imposed by a school district, the residence homestead of an individual who qualified the former homestead for an exemption under Section 11.13(c) or (d) for an individual who is disabled may be considered to be a subsequently qualified homestead only if the individual qualified the former homestead for that exemption for a tax year beginning on or after January 1, 2003. (p) For the purpose of qualifying under Subsection (h) for the limitation on taxes on a subsequently qualified homestead imposed by a taxing unit other than a school district, the residence homestead of an individual may be considered to be a subsequently qualified homestead only if the individual qualified the former homestead for an exemption under Section 11.13(c) or (d) for an individual who is disabled or is 65 years of age or older for a tax year beginning on or after January 1, 2003. (q) The limitations on tax increases provided by this section apply to taxes imposed on a residence homestead by a school district whose boundaries are changed to include the residence homestead as if the taxes imposed on the residence homestead by the school district in which the residence homestead was previously located had been imposed by the school district whose boundaries include the residence homestead after the boundary change. [(l) For purposes of the limitation on tax increases provided by Subsection (g), the governing body of a school district in a county with a population of fewer than 75,000 in a manner provided by law for official action by the governing body may elect to apply the limitation provided by Subsection (g) to the residence homestead of an individual as if that subsection were in effect on January 1, 1993. The governing body must make the election before January 1, 1999. The election applies only to taxes imposed in a tax year that begins after the tax year in which the election is made.] SECTION 2. Section 23.19(g), Tax Code, is amended to read as follows: (g) A tax bill or a separate statement accompanying the tax bill to a cooperative housing corporation for which interests of stockholders are separately appraised under this section must state, in addition to the information required by Section 31.01 [of this code], the appraised value and taxable value of each interest separately appraised. Each exemption claimed as provided by this title by a person entitled to the exemption shall also be deducted from the total appraised value of the property of the corporation. The total tax imposed by a taxing unit [school district] shall be reduced by any amount that represents an increase in taxes attributable to separately appraised interests of the real property and improvements that are subject to a [the] limitation of taxes prescribed by Section 11.26 [of this code]. The corporation shall apportion among its stockholders liability for reimbursing the corporation for property taxes according to the relative taxable values of their interests. SECTION 3. Sections 26.012(6), (13), and (14), Tax Code, are amended to read as follows: (6) "Current total value" means the total taxable value of property listed on the appraisal roll for the current year, including all appraisal roll supplements and corrections as of the date of the calculation, less the taxable value of property exempted for the current tax year for the first time under Section 11.31, except that: (A) the current total value for a taxing unit other than a hospital [school] district excludes[: [(A)] the total value of homesteads that qualify for a tax limitation as provided by Section 11.26; and (B) the current total value for a school district also excludes new property value of property that is subject to an agreement entered into under Chapter 313. (13) "Last year's levy" means the total of: (A) the amount of taxes that would be generated by multiplying the total tax rate adopted by the governing body in the preceding year by the total taxable value of property on the appraisal roll for the preceding year, including: (i) taxable value that was reduced in an appeal under Chapter 42; and (ii) all appraisal roll supplements and corrections other than corrections made pursuant to Section 25.25(d), as of the date of the calculation but excluding[, except that last year's taxable value for a school district excludes] the total value of homesteads that qualified for a tax limitation as provided by Section 11.26; and (B) the amount of taxes refunded by the taxing unit in the preceding year for tax years before that year. (14) "Last year's total value" means the total taxable value of property listed on the appraisal roll for the preceding year, including all appraisal roll supplements and corrections, other than corrections made pursuant to Section 25.25(d) [of this code], as of the date of the calculation but excluding[, except that last year's taxable value for a school district excludes] the total value of homesteads that qualified for a tax limitation as provided by Section 11.26 [of this code]. SECTION 4. Section 403.302(d), Government Code, is amended to read as follows: (d) For the purposes of this section, "taxable value" means the market value of all taxable property less: (1) the total dollar amount of any residence homestead exemptions lawfully granted under Section 11.13(b) or (c), Tax Code, in the year that is the subject of the study for each school district; (2) one-half of the total dollar amount of any residence homestead exemptions granted under Section 11.13(n), Tax Code, in the year that is the subject of the study for each school district; (3) the total dollar amount of any exemptions granted before May 31, 1993, within a reinvestment zone under agreements authorized by Chapter 312, Tax Code; (4) subject to Subsection (e), the total dollar amount of any captured appraised value of property that: (A) is within a reinvestment zone created on or before May 31, 1999, or is proposed to be included within the boundaries of a reinvestment zone as the boundaries of the zone and the proposed portion of tax increment paid into the tax increment fund by a school district are described in a written notification provided by the municipality or the board of directors of the zone to the governing bodies of the other taxing units in the manner provided by Section 311.003(e), Tax Code, before May 31, 1999, and within the boundaries of the zone as those boundaries existed on September 1, 1999, including subsequent improvements to the property regardless of when made; (B) generates taxes paid into a tax increment fund created under Chapter 311, Tax Code, under a reinvestment zone financing plan approved under Section 311.011(d), Tax Code, on or before September 1, 1999; and (C) is eligible for tax increment financing under Chapter 311, Tax Code; (5) the total dollar amount of any exemptions granted under Section 11.251, Tax Code; (6) the difference between the comptroller's estimate of the market value and the productivity value of land that qualifies for appraisal on the basis of its productive capacity, except that the productivity value estimated by the comptroller may not exceed the fair market value of the land; (7) the portion of the appraised value of residence homesteads of the disabled or elderly on which school district taxes are not imposed in the year that is the subject of the study, calculated as if the residence homesteads were appraised at the full value required by law; (8) a portion of the market value of property not otherwise fully taxable by the district at market value because of: (A) action required by statute or the constitution of this state that, if the tax rate adopted by the district is applied to it, produces an amount equal to the difference between the tax that the district would have imposed on the property if the property were fully taxable at market value and the tax that the district is actually authorized to impose on the property, if this subsection does not otherwise require that portion to be deducted; or (B) action taken by the district under Subchapter B or C, Chapter 313, Tax Code; (9) the market value of all tangible personal property, other than manufactured homes, owned by a family or individual and not held or used for the production of income; (10) the appraised value of property the collection of delinquent taxes on which is deferred under Section 33.06, Tax Code; (11) the portion of the appraised value of property the collection of delinquent taxes on which is deferred under Section 33.065, Tax Code; and (12) the amount by which the market value of a residence homestead to which Section 23.23, Tax Code, applies exceeds the appraised value of that property as calculated under that section. SECTION 5. (a) The limitations provided by Section 11.26, Tax Code, as amended by this Act, on ad valorem tax increases by school districts on residence homesteads that were not covered by Section 11.26, Tax Code, before the amendment of that section by this Act apply beginning with ad valorem taxes imposed for the 2004 tax year. (b) The limitations provided by Section 11.26, Tax Code, as amended by this Act, on tax increases on residence homesteads by taxing units that were not covered by Section 11.26, Tax Code, before the amendment of that section by this Act apply beginning with taxes imposed for the 2004 tax year. SECTION 6. This Act takes effect January 1, 2004, but only if the constitutional amendment proposed by the 78th Legislature, Regular Session, 2003, to prohibit a political subdivision other than a hospital district from increasing ad valorem taxes on the residence homestead of a disabled person, an elderly person, or the surviving spouse of an elderly person is approved by the voters. If that amendment is not approved by the voters, this Act has no effect.