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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a person who acquires a residence |
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homestead to receive an ad valorem tax exemption for the homestead |
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in the year in which the property is acquired and to the protection |
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of school districts against the resulting loss in revenue. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.42, Tax Code, is amended by adding |
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Subsection (f) to read as follows: |
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(f) A person who acquires property after January 1 of a tax |
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year may receive an exemption authorized by Section 11.13, other |
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than an exemption authorized by Section 11.13(c) or (d), for the |
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applicable portion of that tax year immediately on qualification |
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for the exemption if the preceding owner did not receive the same |
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exemption for that tax year. |
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SECTION 2. Section 11.43(d), Tax Code, is amended to read as |
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follows: |
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(d) To receive an exemption the eligibility for which is |
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determined by the claimant's qualifications on January 1 of the tax |
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year, a person required to claim an exemption must file a completed |
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exemption application form before May 1 and must furnish the |
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information required by the form. A person who after January 1 of a |
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tax year acquires property that qualifies for an exemption covered |
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by Section 11.42(d) or (f) must apply for the exemption for the |
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applicable portion of that tax year before the first anniversary of |
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the date the person acquires the property. For good cause shown the |
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chief appraiser may extend the deadline for filing an exemption |
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application by written order for a single period not to exceed 60 |
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days. |
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SECTION 3. Section 23.23, Tax Code, is amended by adding |
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Subsection (c-1) to read as follows: |
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(c-1) For purposes of Subsection (c), an owner who receives |
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an exemption as provided by Section 11.42(f) is considered to have |
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qualified the property for the exemption as of January 1 of the tax |
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year following the tax year in which the owner acquired the |
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property. |
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SECTION 4. Chapter 26, Tax Code, is amended by adding |
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Section 26.1115 to read as follows: |
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Sec. 26.1115. CALCULATION OF TAXES ON RESIDENCE HOMESTEAD |
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GENERALLY. (a) If an individual receives one or more exemptions |
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under Section 11.13 for a portion of a tax year as provided by |
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Section 11.42(f), except as provided by Subsection (b) of this |
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section, the amount of tax due on the property for that year is |
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calculated by: |
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(1) subtracting: |
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(A) the amount of the taxes that otherwise would |
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be imposed on the property for the entire year had the individual |
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qualified for the exemptions for the entire year; from |
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(B) the amount of the taxes that otherwise would |
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be imposed on the property for the entire year had the individual |
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not qualified for the exemptions during the year; |
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(2) multiplying the remainder determined under |
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Subdivision (1) by a fraction, the denominator of which is 365 and |
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the numerator of which is the number of days in that year that |
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elapsed before the date the individual first qualified the property |
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for the exemptions; and |
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(3) adding the product determined under Subdivision |
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(2) and the amount described by Subdivision (1)(A). |
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(b) If an individual receives one or more exemptions to |
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which Subsection (a) of this section applies for a portion of a tax |
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year as provided by Section 11.42(f) and the exemptions terminate |
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during the year in which the individual acquired the property, the |
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amount of tax due on the property for that year is calculated by: |
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(1) subtracting: |
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(A) the amount of the taxes that otherwise would |
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be imposed on the property for the entire year had the individual |
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qualified for the exemptions for the entire year; from |
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(B) the amount of the taxes that otherwise would |
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be imposed on the property for the entire year had the individual |
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not qualified for the exemptions during the year; |
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(2) multiplying the remainder determined under |
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Subdivision (1) by a fraction, the denominator of which is 365 and |
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the numerator of which is the sum of: |
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(A) the number of days in that year that elapsed |
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before the date the individual first qualified the property for the |
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exemptions; and |
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(B) the number of days in that year that elapsed |
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after the date the exemptions terminated; and |
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(3) adding the product determined under Subdivision |
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(2) and the amount described by Subdivision (1)(A). |
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(c) If an individual qualifies to receive an exemption as |
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described by Subsection (a) with respect to a property after the |
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amount of tax due on the property is calculated and if the effect of |
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the qualification is to reduce the amount of tax due on the |
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property, the assessor for each taxing unit shall recalculate the |
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amount of the tax due on the property and correct the tax roll. If |
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the tax bill has been mailed and the tax on the property has not been |
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paid, the assessor shall mail a corrected tax bill to the individual |
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in whose name the property is listed on the tax roll or to the |
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individual's authorized agent. If the tax on the property has been |
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paid, the collector for the taxing unit shall refund to the |
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individual who paid the tax the amount by which the payment exceeded |
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the tax due. |
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SECTION 5. Section 39.082, Education Code, is amended by |
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adding Subsection (c-1) to read as follows: |
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(c-1) The system may not include an indicator under |
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Subsection (b) or any other performance measure that penalizes a |
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school district for failure to collect the amount of taxes equal to |
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the total amount of tax refunds provided under Section 26.1115(c), |
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Tax Code. |
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SECTION 6. Section 48.202, Education Code, is amended by |
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adding Subsection (e-1) to read as follows: |
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(e-1) For purposes of this section, the total amount of |
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maintenance and operations taxes collected by a school district |
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includes the amount of taxes refunded under Section 26.1115(c), Tax |
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Code. |
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SECTION 7. Subchapter F, Chapter 48, Education Code, is |
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amended by adding Section 48.2541 to read as follows: |
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Sec. 48.2541. ADDITIONAL STATE AID FOR CERTAIN AD VALOREM |
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TAX REFUNDS. For each school year, a school district, including a |
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school district that is otherwise ineligible for state aid under |
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this chapter, is entitled to state aid in an amount equal to the |
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amount of all tax refunds provided under Section 26.1115(c), Tax |
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Code. |
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SECTION 8. This Act applies only to a residence homestead |
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acquired on or after the effective date of this Act. |
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SECTION 9. This Act takes effect January 1, 2022. |