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AN ACT
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relating to the exemption from ad valorem taxation of, and the |
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deferral or abatement of ad valorem taxes on, certain residence |
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homesteads. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.132(b), Tax Code, is amended to read |
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as follows: |
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(b) A disabled veteran who has a disability rating of less |
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than 100 percent is entitled to an exemption from taxation of a |
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percentage of the appraised value of the disabled veteran's |
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residence homestead equal to the disabled veteran's disability |
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rating if the residence homestead was donated to the disabled |
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veteran by a charitable organization: |
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(1) at no cost to the disabled veteran; or |
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(2) at some cost to the disabled veteran in the form of |
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a cash payment, a mortgage, or both in an aggregate amount that is |
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not more than 50 percent of the good faith estimate of the market |
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value of the residence homestead made by the charitable |
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organization as of the date the donation is made. |
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SECTION 2. Section 33.06(d), Tax Code, is amended to read as |
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follows: |
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(d) A tax lien remains on the property and interest |
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continues to accrue during the period collection of taxes is |
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deferred or abated under this section. The annual interest rate |
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during the deferral or abatement period is five [eight] percent |
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instead of the rate provided by Section 33.01. Interest and |
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penalties that accrued or that were incurred or imposed under |
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Section 33.01 or 33.07 before the date the individual files the |
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deferral affidavit under Subsection (b) or the date the judgment |
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abating the suit is entered, as applicable, are preserved. A |
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penalty under Section 33.01 is not incurred during a deferral or |
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abatement period. The additional penalty under Section 33.07 may |
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be imposed and collected only if the taxes for which collection is |
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deferred or abated remain delinquent on or after the 181st day after |
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the date the deferral or abatement period expires. A plea of |
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limitation, laches, or want of prosecution does not apply against |
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the taxing unit because of deferral or abatement of collection as |
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provided by this section. |
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SECTION 3. Section 11.132(b), Tax Code, as amended by this |
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Act, applies only to ad valorem taxes imposed for an ad valorem tax |
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year that begins on or after the effective date of this Act. |
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SECTION 4. Section 33.06(d), Tax Code, as amended by this |
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Act, applies only to interest that accrues during a deferral or |
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abatement period on or after the effective date of this Act, |
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regardless of whether the deferral or abatement period began before |
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that date or begins on or after that date. Interest that accrued |
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during a deferral or abatement period before the effective date of |
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this Act is governed by the law in effect when the interest accrued, |
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and that law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect January 1, 2018, but only |
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if the constitutional amendment proposed by the 85th Legislature, |
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Regular Session, 2017, authorizing the legislature to provide for |
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an exemption from ad valorem taxation of part of the market value of |
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the residence homestead of a partially disabled veteran or the |
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surviving spouse of a partially disabled veteran if the residence |
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homestead was donated to the disabled veteran by a charitable |
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organization for less than the market value of the residence |
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homestead and harmonizing certain related provisions of the Texas |
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Constitution is approved by the voters. If that amendment is not |
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approved by the voters, this Act has no effect. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 150 was passed by the House on May 8, |
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2017, by the following vote: Yeas 141, Nays 4, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 150 on May 25, 2017, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 150 on May 28, 2017, by the following vote: Yeas 147, |
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Nays 0, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 150 was passed by the Senate, with |
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amendments, on May 23, 2017, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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150 on May 28, 2017, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |