85S10050 SMT-D

By: Bohac H.B. No. 72

A BILL TO BE ENTITLED

AN ACT

relating to an exemption from ad valorem taxation of the residence homestead of a Purple Heart recipient or the surviving spouse of a Purple Heart recipient.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act may be cited as the Purple Heart Homestead Act.

SECTION 2. Subchapter B, Chapter 11, Tax Code, is amended by adding Section 11.137 to read as follows:

Sec. 11.137. RESIDENCE HOMESTEAD OF PURPLE HEART RECIPIENT. (a) In this section:

(1) "Purple Heart recipient" means a person who has been awarded the federal or Texas Purple Heart Medal.

(2) "Residence homestead" has the meaning assigned by Section 11.13.

(3) "Surviving spouse" means the individual who was married to a Purple Heart recipient at the time of the Purple Heart recipient's death.

(b) A Purple Heart recipient is entitled to an exemption from taxation of the total appraised value of the Purple Heart recipient's residence homestead.

(c) The surviving spouse of a Purple Heart recipient who qualified for an exemption under Subsection (b) when the Purple Heart recipient died is entitled to an exemption from taxation of the total appraised value of the same property to which the Purple Heart recipient's exemption applied if:

(1) the surviving spouse has not remarried since the death of the Purple Heart recipient; and

(2) the property:

(A) was the residence homestead of the surviving spouse when the Purple Heart recipient died; and

(B) remains the residence homestead of the surviving spouse.

(d) If a surviving spouse who qualifies for an exemption under Subsection (c) subsequently qualifies a different property as the surviving spouse's residence homestead, the surviving spouse is entitled to an exemption from taxation of the subsequently qualified homestead in an amount equal to the dollar amount of the exemption from taxation of the former homestead under Subsection (c) in the last year in which the surviving spouse received an exemption under that subsection for that homestead if the surviving spouse has not remarried since the death of the Purple Heart recipient. The surviving spouse is entitled to receive from the chief appraiser of the appraisal district in which the former residence homestead was located a written certificate providing the information necessary to determine the amount of the exemption to which the surviving spouse is entitled on the subsequently qualified homestead.

SECTION 3. Section 11.42(e), Tax Code, is amended to read as follows:

(e) A person who qualifies for an exemption under Section 11.131 or 11.137 after January 1 of a tax year may receive the exemption for the applicable portion of that tax year immediately on qualification for the exemption.

SECTION 4. (a) This section takes effect only if the constitutional amendment proposed by S.J.R. 1, 85th Legislature, Regular Session, 2017, is approved by the voters.

(b) Section 11.43(c), Tax Code, as amended by H.B. 1101, Acts of the 85th Legislature, Regular Session, 2017, effective January 1, 2018, and S.B. 15, Acts of the 85th Legislature, Regular Session, 2017, effective January 1, 2018, is amended to read as follows:

(c) An exemption provided by Section 11.13, 11.131, 11.132, 11.133, 11.134, 11.137, 11.17, 11.18, 11.182, 11.1827, 11.183, 11.19, 11.20, 11.21, 11.22, 11.23(a), (h), (j), (j-1), or (m), 11.231, 11.254, 11.27, 11.271, 11.29, 11.30, 11.31, or 11.315, once allowed, need not be claimed in subsequent years, and except as otherwise provided by Subsection (e), the exemption applies to the property until it changes ownership or the person's qualification for the exemption changes. However, except as provided by Subsection (r), the chief appraiser may require a person allowed one of the exemptions in a prior year to file a new application to confirm the person's current qualification for the exemption by delivering a written notice that a new application is required, accompanied by an appropriate application form, to the person previously allowed the exemption. If the person previously allowed the exemption is 65 years of age or older, the chief appraiser may not cancel the exemption due to the person's failure to file the new application unless the chief appraiser complies with the requirements of Subsection (q), if applicable.

(c) Section 11.431(a), Tax Code, as amended by H.B. 626, Acts of the 85th Legislature, Regular Session, 2017, effective September 1, 2017, and S.B. 15, Acts of the 85th Legislature, Regular Session, 2017, effective January 1, 2018, is amended to read as follows:

(a) The chief appraiser shall accept and approve or deny an application for a residence homestead exemption, including an exemption under Section 11.131 or 11.132 for the residence homestead of a disabled veteran or the surviving spouse of a disabled veteran, an exemption under Section 11.133 for the residence homestead of the surviving spouse of a member of the armed services of the United States who is killed in action, [or] an exemption under Section 11.134 for the residence homestead of the surviving spouse of a first responder who is killed or fatally injured in the line of duty, or an exemption under Section 11.137 for the residence homestead of a Purple Heart recipient or the surviving spouse of a Purple Heart recipient, after the deadline for filing it has passed if it is filed not later than two years after the delinquency date for the taxes on the homestead.

(d) Section 403.302(d-1), Government Code, as amended by S.B. 15, Acts of the 85th Legislature, Regular Session, 2017, effective January 1, 2018, is amended to read as follows:

(d-1) For purposes of Subsection (d), a residence homestead that receives an exemption under Section 11.131, 11.133, [or] 11.134, or 11.137, Tax Code, in the year that is the subject of the study is not considered to be taxable property.

SECTION 5. (a) This section takes effect only if the constitutional amendment proposed by S.J.R. 1, 85th Legislature, Regular Session, 2017, is not approved by the voters.

(b) Section 11.43(c), Tax Code, as amended by H.B. 1101, Acts of the 85th Legislature, Regular Session, 2017, effective January 1, 2018, is amended to read as follows:

(c) An exemption provided by Section 11.13, 11.131, 11.132, 11.133, 11.137, 11.17, 11.18, 11.182, 11.1827, 11.183, 11.19, 11.20, 11.21, 11.22, 11.23(a), (h), (j), (j-1), or (m), 11.231, 11.254, 11.27, 11.271, 11.29, 11.30, 11.31, or 11.315, once allowed, need not be claimed in subsequent years, and except as otherwise provided by Subsection (e), the exemption applies to the property until it changes ownership or the person's qualification for the exemption changes. However, except as provided by Subsection (r), the chief appraiser may require a person allowed one of the exemptions in a prior year to file a new application to confirm the person's current qualification for the exemption by delivering a written notice that a new application is required, accompanied by an appropriate application form, to the person previously allowed the exemption. If the person previously allowed the exemption is 65 years of age or older, the chief appraiser may not cancel the exemption due to the person's failure to file the new application unless the chief appraiser complies with the requirements of Subsection (q), if applicable.

(c) Section 11.431(a), Tax Code, as amended by H.B. 626, Acts of the 85th Legislature, Regular Session, 2017, effective September 1, 2017, is amended to read as follows:

(a) The chief appraiser shall accept and approve or deny an application for a residence homestead exemption, including an exemption under Section 11.131 or 11.132 for the residence homestead of a disabled veteran or the surviving spouse of a disabled veteran, [or] an exemption under Section 11.133 for the residence homestead of the surviving spouse of a member of the armed services of the United States who is killed in action, or an exemption under Section 11.137 for the residence homestead of a Purple Heart recipient or the surviving spouse of a Purple Heart recipient, after the deadline for filing it has passed if it is filed not later than two years after the delinquency date for the taxes on the homestead.

(d) Section 403.302(d-1), Government Code, is amended to read as follows:

(d-1) For purposes of Subsection (d), a residence homestead that receives an exemption under Section 11.131, [or] 11.133, or 11.137, Tax Code, in the year that is the subject of the study is not considered to be taxable property.

SECTION 6. Section 26.10(c), Tax Code, is amended to read as follows:

(c) If the appraisal roll shows that a residence homestead exemption under Section 11.131 or 11.137 applicable to a property on January 1 of a year terminated during the year, the tax due against the residence homestead is calculated by multiplying the amount of the taxes that otherwise would be imposed on the residence homestead for the entire year had the individual not qualified for the residence homestead exemption [under Section 11.131] during the year by a fraction, the denominator of which is 365 and the numerator of which is the number of days that elapsed after the date the exemption terminated.

SECTION 7. Section 26.1125, Tax Code, is amended to read as follows:

Sec. 26.1125. CALCULATION OF TAXES ON RESIDENCE HOMESTEAD OF 100 PERCENT OR TOTALLY DISABLED VETERAN OR PURPLE HEART RECIPIENT. (a) If a person qualifies for an exemption under Section 11.131 or 11.137 after the beginning of a tax year, the amount of the taxes on the residence homestead of the person for the tax year is calculated by multiplying the amount of the taxes that otherwise would be imposed on the residence homestead for the entire year had the person not qualified for the applicable exemption [under Section 11.131] by a fraction, the denominator of which is 365 and the numerator of which is the number of days that elapsed before the date the person qualified for the applicable exemption [under Section 11.131].

(b) If a person qualifies for an exemption under Section 11.131 or 11.137 with respect to the property after the amount of the tax due on the property is calculated and the effect of the qualification is to reduce the amount of the tax due on the property, the assessor for each taxing unit shall recalculate the amount of the tax due on the property and correct the tax roll. If the tax bill has been mailed and the tax on the property has not been paid, the assessor shall mail a corrected tax bill to the person in whose name the property is listed on the tax roll or to the person's authorized agent. If the tax on the property has been paid, the tax collector for the taxing unit shall refund to the person who paid the tax the amount by which the payment exceeded the tax due.

SECTION 8. The heading to Section 140.011, Local Government Code, is amended to read as follows:

Sec. 140.011. LOCAL GOVERNMENTS DISPROPORTIONATELY AFFECTED BY PROPERTY TAX RELIEF FOR CERTAIN MILITARY SERVICE MEMBERS AND [DISABLED] VETERANS.

SECTION 9. Section 140.011(a)(3), Local Government Code, is amended to read as follows:

(3) "Qualified local government" means a local government entitled to a military exemption [disabled veteran] assistance payment under this section.

SECTION 10. Sections 140.011(b), (c), (d), (e), (f), and (g), Local Government Code, are amended to read as follows:

(b) To serve the state purpose of ensuring that the cost of providing ad valorem tax relief to certain military service members and [disabled] veterans is shared equitably among the residents of this state, a local government is entitled to a military exemption [disabled veteran] assistance payment from the state for each fiscal year that the local government is a qualified local government. A local government is a qualified local government for a fiscal year if the amount of lost ad valorem tax revenue calculated under Subsection (c) for that fiscal year is equal to or greater than two percent of the local government's general fund revenue for that fiscal year.

(c) For the purposes of this section, the amount of a local government's lost ad valorem tax revenue for a fiscal year is calculated by multiplying the ad valorem tax rate adopted by the local government under Section 26.05, Tax Code, for the tax year in which the fiscal year begins by the total appraised value of all property located in the local government that is granted an exemption from taxation under Section 11.131 or 11.137, Tax Code, for that tax year.

(d) A military exemption [disabled veteran] assistance payment made to a qualified local government for a fiscal year is calculated by subtracting from the local government's lost ad valorem tax revenue calculated under Subsection (c) for that fiscal year an amount equal to one percent of the local government's general fund revenue for that fiscal year.

(e) Not later than April 1 of the first year following the end of a fiscal year for which a qualified local government is entitled to a military exemption [disabled veteran] assistance payment, a qualified local government may submit an application to the comptroller to receive a military exemption [disabled veteran] assistance payment for that fiscal year. The application must be made on a form prescribed by the comptroller. The comptroller may require the qualified local government to submit an independent audit otherwise required by law to be prepared for the local government for the fiscal year for which a qualified local government is entitled to the payment.

(f) A qualified local government that does not submit an application to the comptroller by the date prescribed by Subsection (e) is not entitled to a military exemption [disabled veteran] assistance payment for the fiscal year for which that deadline applies.

(g) The comptroller shall review each application by a local government to determine whether the local government is entitled to a military exemption [disabled veteran] assistance payment. If the comptroller determines that the local government is entitled to the payment, the comptroller shall remit the payment from available funds to the qualified local government not later than the 30th day after the date the application for the payment is made.

SECTION 11. Section 11.137, Tax Code, as added by this Act, applies only to ad valorem taxes imposed for a tax year beginning on or after January 1, 2018.

SECTION 12. This Act takes effect January 1, 2018, but only if the constitutional amendment proposed by the 85th Legislature, 1st Called Session, 2017, authorizing the legislature to provide for an exemption from ad valorem taxation of all or part of the market value of the residence homestead of a Purple Heart recipient or the surviving spouse of a Purple Heart recipient is approved by the voters. If that constitutional amendment is not approved by the voters, this Act has no effect.