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A BILL TO BE ENTITLED
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AN ACT
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relating to the transfer of the limitation on school district, |
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county, municipal, or junior college district ad valorem taxes on |
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the residence homestead of a person who is elderly or disabled to a |
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subsequent homestead of that person. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.26, Tax Code, is amended by amending |
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Subsection (g) and adding Subsection (g-1) to read as follows: |
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(g) Except as provided by Subsections [Subsection] (b) and |
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(g-1), if an individual who receives a limitation on tax increases |
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imposed by this section, including a surviving spouse who receives |
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a limitation under Subsection (i), subsequently qualifies a |
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different residence homestead for the same exemption under Section |
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11.13, a school district may not impose ad valorem taxes on the |
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subsequently qualified homestead in a year in an amount that |
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exceeds the amount of taxes the school district would have imposed |
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on the subsequently qualified homestead in the first year in which |
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the individual receives that same exemption for the subsequently |
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qualified homestead had the limitation on tax increases imposed by |
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this section not been in effect, multiplied by a fraction the |
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numerator of which is the total amount of school district taxes |
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imposed on the former homestead in the last year in which the |
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individual received that same exemption for the former homestead |
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and the denominator of which is the total amount of school district |
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taxes that would have been imposed on the former homestead in the |
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last year in which the individual received that same exemption for |
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the former homestead had the limitation on tax increases imposed by |
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this section not been in effect. |
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(g-1) The limitation provided by Subsection (g) does not |
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apply to a subsequently qualified residence homestead of an |
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individual if: |
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(1) the individual received a limitation on tax |
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increases imposed by this section on the individual's former |
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homestead in the last tax year in which the individual received an |
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exemption for the homestead under Section 11.13; |
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(2) no school district ad valorem taxes were imposed |
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on the former homestead in that year; and |
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(3) the taxable value of the subsequently qualified |
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homestead in the tax year in which the individual first receives an |
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exemption under Section 11.13 for that homestead exceeds the |
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average taxable value of the homesteads in the school district in |
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which that homestead is located in that tax year. |
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SECTION 2. Section 11.261, Tax Code, is amended by amending |
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Subsection (g) and adding Subsection (g-1) to read as follows: |
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(g) Except as provided by Subsections [Subsection] (c) and |
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(g-1), if an individual who receives a limitation on county, |
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municipal, or junior college district tax increases provided by |
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this section subsequently qualifies a different residence |
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homestead in the same county, municipality, or junior college |
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district for an exemption under Section 11.13, the county, |
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municipality, or junior college district may not impose ad valorem |
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taxes on the subsequently qualified homestead in a year in an amount |
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that exceeds the amount of taxes the county, municipality, or |
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junior college district would have imposed on the subsequently |
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qualified homestead in the first year in which the individual |
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receives that exemption for the subsequently qualified homestead |
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had the limitation on tax increases provided by this section not |
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been in effect, multiplied by a fraction the numerator of which is |
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the total amount of taxes the county, municipality, or junior |
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college district imposed on the former homestead in the last year in |
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which the individual received that exemption for the former |
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homestead and the denominator of which is the total amount of taxes |
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the county, municipality, or junior college district would have |
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imposed on the former homestead in the last year in which the |
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individual received that exemption for the former homestead had the |
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limitation on tax increases provided by this section not been in |
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effect. |
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(g-1) The limitation provided by Subsection (g) does not |
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apply to a subsequently qualified residence homestead of an |
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individual if: |
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(1) the individual received a limitation on tax |
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increases imposed by this section on the individual's former |
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homestead in the last tax year in which the individual received an |
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exemption for the homestead under Section 11.13; |
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(2) no county, municipal, or junior college district |
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ad valorem taxes were imposed on the former homestead in that year; |
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and |
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(3) the taxable value of the subsequently qualified |
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homestead in the tax year in which the individual first receives an |
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exemption under Section 11.13 for that homestead exceeds the |
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average taxable value of the homesteads in the county, |
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municipality, or junior college district, as applicable, in that |
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tax year. |
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SECTION 3. This Act applies to the calculation of the |
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limitation on school district, county, municipal, or junior college |
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district ad valorem taxes on the residence homestead of a person who |
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is elderly or disabled only for a tax year beginning on or after |
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January 1, 2014, and only if the first tax year in which the person |
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qualified the homestead for an exemption under Section 11.13, Tax |
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Code, was a tax year beginning on or after that date. |
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SECTION 4. This Act takes effect January 1, 2014. |