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A BILL TO BE ENTITLED
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AN ACT
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relating to the rate at which interest accrues in connection with |
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the deferral or abatement of the collection of ad valorem taxes on |
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the residence homestead of an elderly or disabled person. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.06(d), Tax Code, is amended to read as |
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follows: |
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(d) A tax lien remains on the property and interest |
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continues to accrue during the period collection of taxes is |
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deferred or abated under this section. The annual interest rate |
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during the deferral or abatement period is five [eight] percent |
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instead of the rate provided by Section 33.01. Interest and |
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penalties that accrued or that were incurred or imposed under |
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Section 33.01 or 33.07 before the date the individual files the |
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deferral affidavit under Subsection (b) or the date the judgment |
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abating the suit is entered, as applicable, are preserved. A |
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penalty under Section 33.01 is not incurred during a deferral or |
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abatement period. The additional penalty under Section 33.07 may |
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be imposed and collected only if the taxes for which collection is |
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deferred or abated remain delinquent on or after the 181st day after |
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the date the deferral or abatement period expires. A plea of |
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limitation, laches, or want of prosecution does not apply against |
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the taxing unit because of deferral or abatement of collection as |
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provided by this section. |
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SECTION 2. Section 33.06(d), Tax Code, as amended by this |
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Act, applies to interest that accrued during a deferral or |
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abatement period under that section before September 1, 2009, if |
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the tax remains unpaid as of that date, and applies to interest that |
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accrues during a deferral or abatement period under that section on |
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or after that date, regardless of whether the deferral or abatement |
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period began before September 1, 2009, or begins on or after that |
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date. |
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SECTION 3. This Act takes effect September 1, 2009. |