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A BILL TO BE ENTITLED
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AN ACT
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relating to a limitation on the maximum appraised value of real |
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property for ad valorem tax purposes of 110 percent of the appraised |
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value of the property for the preceding tax year. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.12(d), Tax Code, is amended to read as |
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follows: |
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(d) For purposes of this section, the appraisal ratio of |
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real property [a homestead] to which Section 23.23 applies is the |
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ratio of the property's market value as determined by the appraisal |
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district or appraisal review board, as applicable, to the market |
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value of the property according to law. The appraisal ratio is not |
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calculated according to the appraised value of the property as |
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limited by Section 23.23. |
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SECTION 2. The heading to Section 23.23, Tax Code, is |
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amended to read as follows: |
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Sec. 23.23. LIMITATION ON APPRAISED VALUE OF REAL PROPERTY |
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[RESIDENCE HOMESTEAD]. |
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SECTION 3. Section 23.23, Tax Code, is amended by amending |
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Subsections (a), (b), (c), (e), and (f) and adding Subsections |
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(c-1), (c-2), and (c-3) to read as follows: |
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(a) Notwithstanding the requirements of Section 25.18 and |
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regardless of whether the appraisal office has appraised the |
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property and determined the market value of the property for the tax |
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year, an appraisal office may increase the appraised value of real |
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property [a residence homestead] for a tax year to an amount not to |
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exceed the lesser of: |
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(1) the market value of the property for the most |
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recent tax year that the market value was determined by the |
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appraisal office; or |
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(2) the sum of: |
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(A) 10 percent of the appraised value of the |
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property for the preceding tax year; |
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(B) the appraised value of the property for the |
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preceding tax year; and |
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(C) the market value of all new improvements to |
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the property. |
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(b) When appraising real property [a residence homestead], |
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the chief appraiser shall: |
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(1) appraise the property at its market value; and |
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(2) include in the appraisal records both the market |
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value of the property and the amount computed under Subsection |
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(a)(2). |
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(c) The limitation provided by Subsection (a) takes effect |
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on January 1 of the tax year following the first tax year in which |
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the owner owns the property on January 1, or, if the property |
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qualifies as the [to a] residence homestead of the owner under |
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Section 11.13 in the tax year in which the owner acquires the |
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property, the limitation takes effect on January 1 of the tax year |
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following that [the first] tax year [the owner qualifies the
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property for an exemption under Section 11.13]. Except as provided |
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by Subsection (c-1) or (c-2), the [The] limitation expires on |
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January 1 of the first tax year following the year in which [that
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neither] the owner of the property ceases to own the property. |
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(c-1) If property subject to a limitation under this section |
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qualifies for an exemption under Section 11.13 when the ownership |
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of the property is transferred to the owner's spouse or surviving |
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spouse, the limitation expires on January 1 of the first tax year |
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following the year in which [when the limitation took effect nor] |
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the owner's spouse or surviving spouse ceases to own the property, |
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unless the limitation is further continued under this subsection on |
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the subsequent transfer to a spouse or surviving spouse [qualifies
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for an exemption under Section 11.13]. |
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(c-2) If property subject to a limitation under Subsection |
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(a), other than a residence homestead, is owned by two or more |
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persons, the limitation expires on January 1 of the first tax year |
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following the year in which the ownership of at least a 50 percent |
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interest in the property is sold or otherwise transferred. |
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(c-3) For purposes of applying the limitation provided by |
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this section in the first tax year after the 2009 tax year in which |
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the property is appraised for taxation: |
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(1) the property is considered to have been appraised |
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for taxation in the 2009 tax year at a market value equal to the |
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appraised value of the property for that tax year; |
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(2) a person who acquired real property in a tax year |
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before the 2009 tax year is considered to have acquired the property |
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on January 1, 2009; and |
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(3) a person who qualified the property for an |
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exemption under Section 11.13 as the person's residence homestead |
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for any portion of the 2009 tax year is considered to have acquired |
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the property in the 2009 tax year. |
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(e) In this section, "new improvement" means an improvement |
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to real property [a residence homestead] made after the most recent |
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appraisal of the property that increases the market value of the |
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property and the value of which is not included in the appraised |
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value of the property for the preceding tax year. The term does not |
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include repairs to or ordinary maintenance of an existing structure |
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or the grounds or another feature of the property. |
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(f) Notwithstanding Subsections (a) and (e) and except as |
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provided by Subdivision (2), an improvement to property that would |
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otherwise constitute a new improvement is not treated as a new |
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improvement if the improvement is a replacement structure for a |
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structure that was rendered uninhabitable or unusable by a casualty |
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or by mold or water damage. For purposes of appraising the property |
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in the tax year in which the structure would have constituted a new |
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improvement: |
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(1) the appraised value of the property for the last |
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year in which the property was appraised for taxation before the |
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casualty or damage occurred is considered to be the appraised value |
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of the property for the preceding tax [last] year [in which the
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property was appraised for taxation] for purposes of Subsection |
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(a)(2) [(a)(2)(A)]; and |
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(2) the replacement structure is considered to be a |
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new improvement only to the extent it is a significant improvement |
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over the replaced structure as that structure existed before the |
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casualty or damage occurred. |
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SECTION 4. Section 42.26(d), Tax Code, is amended to read as |
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follows: |
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(d) For purposes of this section, the value of the property |
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subject to the suit and the value of a comparable property or sample |
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property that is used for comparison must be the market value |
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determined by the appraisal district when the property is [a
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residence homestead] subject to the limitation on appraised value |
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imposed by Section 23.23. |
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SECTION 5. Sections 403.302(d) and (i), Government Code, |
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are 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 exemptions granted |
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before May 31, 1993, within a reinvestment zone under agreements |
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authorized by Chapter 312, 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 captured appraised |
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value of property that: |
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(A) is within a reinvestment zone: |
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(i) created on or before December 31, 2008, |
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by a municipality with a population of less than 18,000; and |
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(ii) the project plan for which includes |
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the alteration, remodeling, repair, or reconstruction of a |
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structure that is included on the National Register of Historic |
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Places and requires that a portion of the tax increment of the zone |
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be used for the improvement or construction of related facilities |
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or for affordable housing; |
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(B) generates school district taxes that are paid |
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into a tax increment fund created under Chapter 311, Tax Code; 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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(7) the total dollar amount of any exemptions granted |
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under Section 11.251 or 11.253, Tax Code; |
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(8) 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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(9) 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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(10) 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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(11) 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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(12) 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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(13) 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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(14) the amount by which the market value of real |
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property [a residence homestead] to which Section 23.23, Tax Code, |
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applies exceeds the appraised value of that property as calculated |
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under that section. |
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(i) If the comptroller determines in the annual study that |
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the market value of property in a school district as determined by |
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the appraisal district that appraises property for the school |
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district, less the total of the amounts and values listed in |
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Subsection (d) as determined by that appraisal district, is valid, |
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the comptroller, in determining the taxable value of property in |
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the school district under Subsection (d), shall for purposes of |
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Subsection (d)(14) subtract from the market value as determined by |
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the appraisal district of properties [residence homesteads] to |
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which Section 23.23, Tax Code, applies the amount by which that |
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amount exceeds the appraised value of those properties as |
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calculated by the appraisal district under Section 23.23, Tax Code. |
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If the comptroller determines in the annual study that the market |
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value of property in a school district as determined by the |
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appraisal district that appraises property for the school district, |
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less the total of the amounts and values listed in Subsection (d) as |
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determined by that appraisal district, is not valid, the |
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comptroller, in determining the taxable value of property in the |
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school district under Subsection (d), shall for purposes of |
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Subsection (d)(14) subtract from the market value as estimated by |
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the comptroller of properties [residence homesteads] to which |
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Section 23.23, Tax Code, applies the amount by which that amount |
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exceeds the appraised value of those properties as calculated by |
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the appraisal district under Section 23.23, Tax Code. |
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SECTION 6. This Act applies only to the appraisal for ad |
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valorem tax purposes of real property for a tax year that begins on |
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or after the effective date of this Act. |
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SECTION 7. This Act takes effect January 1, 2010, but only |
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if the constitutional amendment proposed by the 81st Legislature, |
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Regular Session, 2009, to authorize the legislature to limit the |
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maximum appraised value of real property for ad valorem tax |
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purposes to 110 percent or more of the appraised value of the |
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property for the preceding tax year is approved by the voters. If |
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that amendment is not approved by the voters, this Act has no |
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effect. |