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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the governing body of a taxing unit |
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other than a school district to adopt an exemption from ad valorem |
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taxation of a portion, expressed as a dollar amount, of the |
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appraised value of an individual's residence homestead. |
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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 Subsections (s), (t), and (u) to read as |
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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 (s) [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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(s) In addition to any other exemptions provided by this |
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section, an individual is entitled to an exemption from taxation by |
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a taxing unit other than a school district of a portion of the |
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appraised value of the individual's residence homestead if the |
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exemption is adopted by the governing body of the taxing unit before |
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July 1 in the manner provided by law for official action by the |
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body. The amount of the exemption is $5,000 of the appraised value |
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of the residence homestead unless a larger amount is specified by |
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the governing body authorizing the exemption. |
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(t) This subsection applies only to a taxing unit to which |
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Subsection (s) applies the governing body of which has not adopted |
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an exemption under Subsection (n). An individual is entitled to an |
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exemption from taxation by the taxing unit under Subsection (s) as |
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if the exemption were adopted by the governing body under that |
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subsection unless before July 1 the governing body in the manner |
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provided by law for official action by the body elects not to adopt |
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an exemption under that subsection. The amount of the exemption is |
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$5,000 of the appraised value of the individual's residence |
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homestead unless the governing body authorizes an exemption in a |
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larger amount as provided by Subsection (s). |
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(u) This subsection applies only to a taxing unit the |
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governing body of which has ceased granting an exemption under |
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Subsection (n) and has adopted an exemption under Subsection (s). |
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An individual who would have been entitled to an exemption from |
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taxation by the taxing unit under Subsection (n) had the governing |
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body not ceased granting an exemption under that subsection may |
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elect to rescind entitlement to the exemption under Subsection (s) |
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and to continue to receive an exemption under Subsection (n) if the |
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individual otherwise qualifies for the exemption under Subsection |
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(n). The individual must file a written notice of the individual's |
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election to rescind entitlement to the exemption under Subsection |
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(s) and to continue to receive the exemption under Subsection (n) |
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with the chief appraiser of the appraisal district not later than |
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July 15 of the tax year in which the governing body ceases granting |
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an exemption under Subsection (n). The election applies only to |
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property for which the individual received an exemption under |
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Subsection (n) in the last tax year in which the governing body |
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granted an exemption under that subsection. Notwithstanding |
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Subsection (n), the amount of the exemption is the dollar amount of |
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the exemption that the individual received under that subsection in |
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the last tax year in which the governing body granted an exemption |
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under that subsection. An individual who makes an election under |
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this subsection may rescind the election and reinstate entitlement |
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to the exemption under Subsection (s) by filing a written notice of |
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the rescission with the chief appraiser of the appraisal district. |
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An individual who rescinds an election under this subsection may |
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not elect to reinstate entitlement to the exemption under |
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Subsection (n) after the rescission. |
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SECTION 2. Section 25.23(a), Tax Code, is amended to read as |
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follows: |
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(a) After submission of appraisal records, the chief |
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appraiser shall prepare supplemental appraisal records listing: |
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(1) each taxable property the chief appraiser |
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discovers that is not included in the records already submitted, |
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including property that was omitted from an appraisal roll in a |
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prior tax year; |
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(2) property on which the appraisal review board has |
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not determined a protest at the time of its approval of the |
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appraisal records; and |
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(3) property that qualifies for an exemption under |
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Section 11.13(n) or (s) that was adopted by the governing body of a |
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taxing unit after the date the appraisal records were submitted. |
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SECTION 3. 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 4. 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 the governing body of a |
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political subdivision other than a school district to adopt an |
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exemption from ad valorem taxation of a portion, expressed as a |
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dollar amount, of the market value of an individual's residence |
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homestead is approved by the voters. If that amendment is not |
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approved by the voters, this Act has no effect. |