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A BILL TO BE ENTITLED
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AN ACT
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relating to the amounts of certain residence homestead exemptions |
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from ad valorem taxation and the adjustment of the amounts of those |
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exemptions applicable to a homestead based on changes in the |
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appraised value of the homestead. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 11.13(a) and (b), Tax Code, are amended |
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to read as follows: |
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(a) A family or single adult is entitled to an exemption |
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from taxation for the county purposes authorized in Article VIII, |
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Section 1-a, of the Texas Constitution of a portion [$3,000] of the |
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assessed value of the family's or single adult's [his] residence |
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homestead. For the later of the 2010 tax year or the first tax year |
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the family or single adult receives the exemption for the residence |
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homestead, the amount of the exemption is $6,000. For each |
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subsequent tax year, the amount of the exemption shall be |
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calculated by the chief appraiser by multiplying the amount of the |
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exemption for the preceding tax year by the percentage change in the |
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appraised value of the residence homestead from the preceding tax |
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year and adding that amount to the amount of the exemption for the |
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preceding tax year. |
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(b) An adult is entitled to exemption from taxation by a |
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school district of a portion [$15,000] of the appraised value of the |
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adult's residence homestead in the amount provided by this |
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subsection, except that only $5,000 [$10,000] of the exemption |
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applies [does not apply] to an entity operating under former |
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Chapter 17, 18, 25, 26, 27, or 28, Education Code, as those chapters |
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existed on May 1, 1995, as permitted by Section 11.301, Education |
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Code. For the later of the 2010 tax year or the first tax year the |
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adult receives the exemption for the residence homestead, the |
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amount of the exemption is $30,000. For each subsequent tax year, |
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the amount of the exemption shall be calculated by the chief |
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appraiser by multiplying the amount of the exemption for the |
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preceding tax year by the percentage change in the appraised value |
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of the residence homestead from the preceding tax year and adding |
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that amount to the amount of the exemption for the preceding tax |
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year. |
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SECTION 2. Section 42.2511(a), Education Code, is amended |
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to read as follows: |
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(a) Notwithstanding any other provision of this chapter, a |
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school district is entitled to additional state aid to the extent |
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that state aid under this chapter based on the determination of the |
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school district's taxable value of property as provided under |
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Subchapter M, Chapter 403, Government Code, does not fully |
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compensate the district for ad valorem tax revenue lost due to: |
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(1) the increase in the homestead exemption under |
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Section 1-b(c), Article VIII, Texas Constitution, as proposed by |
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H.J.R. No. 4, 75th Legislature, Regular Session, 1997, and the |
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additional limitation on tax increases under Section 1-b(d), |
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Article VIII, Texas Constitution, as proposed by H.J.R. No. 4, 75th |
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Legislature, Regular Session, 1997; [and] |
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(2) the reduction of the limitation on tax increases |
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to reflect any reduction in the school district tax rate as provided |
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by Section 11.26(a-1), (a-2), or (a-3), Tax Code, as applicable; |
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and |
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(3) the increase in the homestead exemption from ad |
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valorem taxation for general elementary and secondary public school |
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purposes under Section 1-b(c), Article VIII, Texas Constitution, as |
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proposed by the 81st Legislature, Regular Session, 2009. |
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SECTION 3. Section 403.302(j), Government Code, is amended |
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to read as follows: |
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(j) For purposes of Section 42.2511, Education Code, the |
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comptroller shall certify to the commissioner of education: |
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(1) a final value for each school district computed on |
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a residence homestead exemption under Section 1-b(c), Article VIII, |
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Texas Constitution, of $5,000; |
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(2) a final value for each school district computed |
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on: |
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(A) a residence homestead exemption under |
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Section 1-b(c), Article VIII, Texas Constitution, of $15,000; and |
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(B) the effect of the additional limitation on |
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tax increases under Section 1-b(d), Article VIII, Texas |
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Constitution, as proposed by H.J.R. No. 4, 75th Legislature, |
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Regular Session, 1997; [and] |
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(3) a final value for each school district computed on |
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the effect of the reduction of the limitation on tax increases to |
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reflect any reduction in the school district tax rate as provided by |
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Section 11.26(a-1), (a-2), or (a-3), Tax Code, as applicable; and |
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(4) a final value for each school district computed on |
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a residence homestead exemption from ad valorem taxation for |
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general elementary and secondary public school purposes under |
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Section 1-b(c), Article VIII, Texas Constitution, of the average |
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amount determined under that section for a homestead in the school |
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district for the tax year in which the school year for which the |
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additional state aid is to be determined begins. |
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SECTION 4. This Act applies only to ad valorem taxes imposed |
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for a tax year beginning on or after the effective date of this Act. |
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SECTION 5. 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, increasing the amounts of certain residence |
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homestead exemptions from ad valorem taxation and providing for the |
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adjustment of the amounts of those exemptions applicable to a |
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homestead based on changes in the appraised value of the homestead |
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is approved by the voters. If that amendment is not approved by the |
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voters, this Act has no effect. |