85S10432 LHC-D
 
  By: Metcalf H.B. No. 158
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the rate at which interest accrues in connection with
  the deferral or abatement of the collection of ad valorem taxes on
  an appreciating residence homestead.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 33.065(g), Tax Code, is amended to read
  as follows:
         (g)  A tax lien remains on the property and interest
  continues to accrue during the period collection of delinquent
  taxes is deferred or abated under this section. The annual interest
  rate during the deferral or abatement period is five [eight]
  percent instead of the rate provided by Section 33.01. Interest and
  penalties that accrued or that were incurred or imposed under
  Section 33.01 or 33.07 before the date the individual files the
  deferral affidavit under Subsection (c) or the date the judgment
  abating the suit is entered, as applicable, are preserved. A
  penalty is not incurred on the delinquent taxes for which
  collection is deferred or abated during a deferral or abatement
  period. The additional penalty under Section 33.07 may be imposed
  and collected only if the delinquent taxes for which collection is
  deferred or abated remain delinquent on or after the 91st day after
  the date the deferral or abatement period expires. A plea of
  limitation, laches, or want of prosecution does not apply against
  the taxing unit because of deferral or abatement of collection as
  provided by this section.
         SECTION 2.  This Act applies only to interest that accrues
  during a deferral or abatement period on or after the effective date
  of this Act, regardless of whether the deferral or abatement period
  began before that date or begins on or after that date. Interest
  that accrued during a deferral or abatement period before the
  effective date of this Act is governed by the law in effect when the
  interest accrued, and that law is continued in effect for that
  purpose.
         SECTION 3.  This Act takes effect January 1, 2018.