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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain school districts to enter into |
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property tax abatement agreements in connection with realigned or |
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closed military facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 312.002, Tax Code, is amended by |
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amending Subsections (f) and (g) and adding Subsections (h) and (i) |
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to read as follows: |
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(f) Except as provided by Subsection (h), on [On] or after |
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September 1, 2001, a school district may not enter into a tax |
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abatement agreement under this chapter. |
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(g) "Taxing unit" has the meaning assigned by Section 1.04[,
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except that for a tax abatement agreement executed on or after
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September 1, 2001, the term does not include a school district that
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is subject to Chapter 42, Education Code, and that is organized
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primarily to provide general elementary and secondary public
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education]. |
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(h) A school district has the same authority to enter into a |
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tax abatement agreement under this chapter as a taxing unit other |
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than a municipality or county if the property that is the subject of |
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the proposed agreement: |
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(1) was part of a military base or other military |
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facility that was realigned or closed; |
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(2) was exempt from property taxation while it was |
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owned by the person from whom the current owner acquired it; and |
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(3) is located in a county in the Texas-Louisiana |
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border region as defined by Section 2056.002, Government Code. |
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(i) Subsection (h) expires September 1, 2017. The |
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expiration of Subsection (h) does not affect the validity of a tax |
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abatement agreement entered into by a school district under |
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Subsection (h) before the expiration of that subsection. |
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SECTION 2. Subsection (d), Section 403.302, Government |
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Code, is amended to read as follows: |
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(d) For the purposes of this section, "taxable value" means |
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the market value of all taxable property less: |
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(1) the total dollar amount of any residence homestead |
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exemptions lawfully granted under Section 11.13(b) or (c), Tax |
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Code, in the year that is the subject of the study for each school |
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district; |
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(2) one-half of the total dollar amount of any |
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residence homestead exemptions granted under Section 11.13(n), Tax |
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Code, in the year that is the subject of the study for each school |
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district; |
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(3) the total dollar amount of any exemption |
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[exemptions] granted [before May 31, 1993,] within a reinvestment |
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zone under an agreement [agreements] authorized by Chapter 312, Tax |
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Code, if the exemption was granted: |
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(A) before May 31, 1993; or |
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(B) under the authority of Section 312.002(h), |
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Tax Code; |
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(4) subject to Subsection (e), the total dollar amount |
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of any captured appraised value of property that: |
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(A) is within a reinvestment zone created on or |
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before May 31, 1999, or is proposed to be included within the |
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boundaries of a reinvestment zone as the boundaries of the zone and |
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the proposed portion of tax increment paid into the tax increment |
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fund by a school district are described in a written notification |
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provided by the municipality or the board of directors of the zone |
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to the governing bodies of the other taxing units in the manner |
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provided by Section 311.003(e), Tax Code, before May 31, 1999, and |
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within the boundaries of the zone as those boundaries existed on |
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September 1, 1999, including subsequent improvements to the |
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property regardless of when made; |
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(B) generates taxes paid into a tax increment |
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fund created under Chapter 311, Tax Code, under a reinvestment zone |
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financing plan approved under Section 311.011(d), Tax Code, on or |
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before September 1, 1999; and |
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(C) is eligible for tax increment financing under |
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Chapter 311, Tax Code; |
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(5) for a school district for which a deduction from |
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taxable value is made under Subdivision (4), an amount equal to the |
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taxable value required to generate revenue when taxed at the school |
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district's current tax rate in an amount that, when added to the |
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taxes of the district paid into a tax increment fund as described by |
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Subdivision (4)(B), is equal to the total amount of taxes the |
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district would have paid into the tax increment fund if the district |
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levied taxes at the rate the district levied in 2005; |
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(6) the total dollar amount of any exemptions granted |
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under Section 11.251, Tax Code; |
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(7) the difference between the comptroller's estimate |
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of the market value and the productivity value of land that |
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qualifies for appraisal on the basis of its productive capacity, |
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except that the productivity value estimated by the comptroller may |
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not exceed the fair market value of the land; |
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(8) the portion of the appraised value of residence |
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homesteads of individuals who receive a tax limitation under |
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Section 11.26, Tax Code, on which school district taxes are not |
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imposed in the year that is the subject of the study, calculated as |
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if the residence homesteads were appraised at the full value |
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required by law; |
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(9) a portion of the market value of property not |
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otherwise fully taxable by the district at market value because of: |
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(A) action required by statute or the |
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constitution of this state that, if the tax rate adopted by the |
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district is applied to it, produces an amount equal to the |
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difference between the tax that the district would have imposed on |
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the property if the property were fully taxable at market value and |
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the tax that the district is actually authorized to impose on the |
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property, if this subsection does not otherwise require that |
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portion to be deducted; or |
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(B) action taken by the district under Subchapter |
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B or C, Chapter 313, Tax Code; |
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(10) the market value of all tangible personal |
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property, other than manufactured homes, owned by a family or |
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individual and not held or used for the production of income; |
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(11) the appraised value of property the collection of |
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delinquent taxes on which is deferred under Section 33.06, Tax |
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Code; |
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(12) the portion of the appraised value of property |
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the collection of delinquent taxes on which is deferred under |
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Section 33.065, Tax Code; and |
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(13) the amount by which the market value of a |
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residence homestead to which Section 23.23, Tax Code, applies |
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exceeds the appraised value of that property as calculated under |
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that section. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |