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A BILL TO BE ENTITLED
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AN ACT
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relating to a local option exemption from ad valorem taxation by a |
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county of a portion of the value of the residence homestead of a |
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veteran who has been honorably discharged. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.13, Tax Code, is amended by amending |
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Subsection (i) and adding Subsection (u) to read as follows: |
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(i) The assessor and collector for a taxing unit may |
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disregard the exemptions authorized by Subsection (b), (c), (d), |
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[or] (n), or (u) [of this section] and assess and collect a tax |
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pledged for payment of debt without deducting the amount of the |
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exemption if: |
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(1) prior to adoption of the exemption, the unit |
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pledged the taxes for the payment of a debt; and |
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(2) granting the exemption would impair the obligation |
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of the contract creating the debt. |
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(u) A veteran of the United States armed services who has |
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been honorably discharged from the branch of service in which the |
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individual served is entitled to an exemption from taxation by a |
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county of $10,000, or a greater amount provided by action of the |
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commissioners court of the county as permitted by Section 1-b(p), |
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Article VIII, Texas Constitution, of the appraised value of the |
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veteran's residence homestead if the exemption is adopted by the |
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commissioners court of the county before July 1 in the manner |
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provided by law for official action by the commissioners court. A |
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veteran who qualifies for an exemption under this subsection and |
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under Subsection (d) may not receive both of those exemptions, but |
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is entitled to receive the exemption in the greater amount. |
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SECTION 2. Section 11.42(c), Tax Code, is amended to read as |
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follows: |
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(c) An exemption authorized by Section 11.13(c), [or] (d), |
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or (u) or 11.132 is effective as of January 1 of the tax year in |
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which the person qualifies for the exemption and applies to the |
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entire tax year. |
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SECTION 3. Section 26.10(b), Tax Code, is amended to read as |
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follows: |
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(b) If the appraisal roll shows that a residence homestead |
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exemption under Section 11.13(c), [or] (d), or (u) or 11.132 |
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applicable to a property on January 1 of a year terminated during |
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the year and if the owner of the property qualifies a different |
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property for one of those residence homestead exemptions during the |
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same year, the tax due against the former residence homestead is |
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calculated by: |
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(1) subtracting: |
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(A) the amount of the taxes that otherwise would |
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be imposed on the former residence homestead for the entire year had |
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the owner qualified for the residence homestead exemption for the |
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entire year; from |
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(B) the amount of the taxes that otherwise would |
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be imposed on the former residence homestead for the entire year had |
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the owner not qualified for the residence homestead exemption |
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during the year; |
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(2) multiplying the remainder determined under |
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Subdivision (1) by a fraction, the denominator of which is 365 and |
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the numerator of which is the number of days that elapsed after the |
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date the exemption terminated; and |
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(3) adding the product determined under Subdivision |
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(2) and the amount described by Subdivision (1)(A). |
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SECTION 4. Section 26.112, Tax Code, is amended to read as |
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follows: |
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Sec. 26.112. CALCULATION OF TAXES ON RESIDENCE HOMESTEAD OF |
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CERTAIN PERSONS. (a) Except as provided by Section 26.10(b), if at |
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any time during a tax year property is owned by an individual who |
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qualifies for an exemption under Section 11.13(c), [or] (d), or (u) |
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or 11.132, the amount of the tax due on the property for the tax year |
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is calculated as if the individual qualified for the exemption on |
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January 1 and continued to qualify for the exemption for the |
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remainder of the tax year. |
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(b) If an individual qualifies for an exemption under |
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Section 11.13(c), [or] (d), or (u) or 11.132 with respect to the |
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property after the amount of the tax due on the property is |
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calculated and the effect of the qualification is to reduce the |
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amount of the tax due on the property, the assessor for each taxing |
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unit shall recalculate the amount of the tax due on the property and |
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correct the tax roll. If the tax bill has been mailed and the tax on |
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the property has not been paid, the assessor shall mail a corrected |
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tax bill to the person in whose name the property is listed on the |
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tax roll or to the person's authorized agent. If the tax on the |
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property has been paid, the tax collector for the taxing unit shall |
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refund to the person who paid the tax the amount by which the |
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payment exceeded the tax due. |
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SECTION 5. This Act applies only to ad valorem taxes imposed |
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for a tax year that begins on or after the effective date of this |
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Act. |
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SECTION 6. This Act takes effect January 1, 2016, but only |
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if the constitutional amendment proposed by the 84th Legislature, |
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Regular Session, 2015, authorizing a local option exemption from ad |
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valorem taxation by a county of a portion of the value of the |
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residence homestead of a veteran of the United States armed |
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services who has been honorably discharged is approved by the |
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voters. If that amendment is not approved by the voters, this Act |
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has no effect. |