86R5821 SMT-D
 
  By: Bailes H.B. No. 1265
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the transfer of a limitation established by a county,
  municipality, or junior college district on the amount of ad
  valorem taxes imposed on the residence homestead of an elderly or
  disabled person.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 11.261(g) and (h), Tax Code, are
  amended to read as follows:
         (g)  Except as provided by Subsection (c), if an individual
  who receives a limitation on county, municipal, or junior college
  district tax increases provided by this section subsequently
  qualifies for an exemption under Section 11.13 a different
  residence homestead in the same county, municipality, or junior
  college district or in a different county, municipality, or junior
  college district that has established a limitation on tax increases
  provided by this section [for an exemption under Section 11.13],
  the county, if the individual received the limitation applicable to
  the former homestead from a county, the municipality, if the
  individual received the limitation applicable to the former
  homestead from a municipality, or the junior college district, if
  the individual received the limitation applicable to the former
  homestead from a junior college district, may not impose ad valorem
  taxes on the subsequently qualified homestead in a year in an amount
  that exceeds the amount of taxes the county, municipality, or
  junior college district would have imposed on the subsequently
  qualified homestead in the first year in which the individual
  receives that exemption for the subsequently qualified homestead
  had the limitation on tax increases provided by this section not
  been in effect, multiplied by a fraction the numerator of which is
  the total amount of taxes the county, municipality, or junior
  college district, as applicable, imposed on the former homestead in
  the last year in which the individual received that exemption for
  the former homestead and the denominator of which is the total
  amount of taxes the county, municipality, or junior college
  district, as applicable, would have imposed on the former homestead
  in the last year in which the individual received that exemption for
  the former homestead had the limitation on tax increases provided
  by this section not been in effect.
         (h)  An individual who receives a limitation on county,
  municipal, or junior college district tax increases under this
  section and who subsequently qualifies for an exemption under
  Section 11.13 a different residence homestead in the same county,
  municipality, or junior college district or in a different county,
  municipality, or junior college district that has established a
  limitation on tax increases provided by this section [for an
  exemption under Section 11.13], or an agent of the individual, is
  entitled to receive from the chief appraiser of the appraisal
  district in which the former homestead was located a written
  certificate providing the information necessary to determine
  whether the individual may qualify for a limitation on the
  subsequently qualified homestead under Subsection (g) and to
  calculate the amount of taxes the county, municipality, or junior
  college district may impose on the subsequently qualified
  homestead.
         SECTION 2.  This Act applies only to an ad valorem tax year
  that begins on or after January 1, 2020.
         SECTION 3.  This Act takes effect January 1, 2020, but only
  if the constitutional amendment proposed by the 86th Legislature,
  Regular Session, 2019, authorizing the legislature to provide for
  the transfer of a limitation established by a county, city or town,
  or junior college district on the amount of ad valorem taxes imposed
  on the residence homestead of an elderly or disabled person is
  approved by the voters. If that amendment is not approved by the
  voters, this Act has no effect.