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A BILL TO BE ENTITLED
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AN ACT
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relating to an exemption from ad valorem taxation of 50 percent of |
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the appraised value of the residence homestead of a person who has |
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received a residence homestead exemption on the property for at |
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least the preceding 10 years. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.13, Tax Code, is amended by amending |
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Subsection (i) and adding Subsection (s) to read as follows: |
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(i) The assessor and collector for a taxing unit may |
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disregard the exemptions authorized by Subsection (b), (c), (d), |
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[or] (n), or (s) [of this section] and assess and collect a tax |
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pledged for payment of debt without deducting the amount of the |
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exemption if: |
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(1) prior to adoption of the exemption, the taxing |
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unit pledged the taxes for the payment of a debt; and |
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(2) granting the exemption would impair the obligation |
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of the contract creating the debt. |
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(s) In addition to any other exemptions provided by this |
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section, an individual is entitled to an exemption from taxation of |
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50 percent of the appraised value of the individual's residence |
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homestead if the individual has received an exemption under this |
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section for the same residence homestead for at least the preceding |
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10 years. |
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SECTION 2. Section 11.42(c), Tax Code, is amended to read as |
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follows: |
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(c) An exemption authorized by Section 11.13(c), [or] (d), |
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or (s), 11.132, 11.133, or 11.134 is effective as of January 1 of |
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the tax year in which the person qualifies for the exemption and |
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applies to the entire tax year. |
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SECTION 3. Section 11.43(a), Tax Code, is amended to read as |
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follows: |
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(a) To receive an exemption, a person claiming the |
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exemption, other than an exemption authorized by Section 11.11, |
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11.12, 11.13(s), 11.14, 11.141, 11.145, 11.146, 11.15, 11.16, |
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11.161, or 11.25, must apply for the exemption. To apply for an |
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exemption, a person must file an exemption application form with |
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the chief appraiser for each appraisal district in which the |
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property subject to the claimed exemption has situs. |
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SECTION 4. Section 26.10(b), Tax Code, is amended to read as |
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follows: |
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(b) If the appraisal roll shows that a residence homestead |
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exemption under Section 11.13(c), [or] (d), or (s), 11.132, 11.133, |
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or 11.134 applicable to a property on January 1 of a year terminated |
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during the year and if the owner of the property qualifies a |
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different property for one of those residence homestead exemptions |
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during the same year, the tax due against the former residence |
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homestead 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 former residence homestead for the entire year had |
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the owner qualified for the residence homestead exemption for the |
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entire year; from |
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(B) the amount of the taxes that otherwise would |
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be imposed on the former residence homestead for the entire year had |
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the owner not qualified for the residence homestead exemption |
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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 that elapsed after the |
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date the exemption 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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SECTION 5. Section 26.112, Tax Code, is amended to read as |
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follows: |
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Sec. 26.112. CALCULATION OF TAXES ON RESIDENCE HOMESTEAD OF |
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CERTAIN PERSONS. (a) Except as provided by Section 26.10(b), if at |
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any time during a tax year property is owned by an individual who |
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qualifies for an exemption under Section 11.13(c), [or] (d), or |
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(s), 11.133, or 11.134, the amount of the tax due on the property |
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for the tax year is calculated as if the individual qualified for |
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the exemption on January 1 and continued to qualify for the |
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exemption for the remainder of the tax year. |
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(b) If an individual qualifies for an exemption under |
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Section 11.13(c), [or] (d), or (s), 11.133, or 11.134 with respect |
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to the property after the amount of the tax due on the property is |
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calculated and the effect of the qualification is to reduce the |
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amount of the tax due on the property, the assessor for each taxing |
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unit shall recalculate the amount of the tax due on the property and |
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correct the tax roll. If the tax bill has been mailed and the tax on |
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the property has not been paid, the assessor shall mail a corrected |
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tax bill to the person in whose name the property is listed on the |
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tax roll or to the person's authorized agent. If the tax on the |
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property has been paid, the tax collector for the taxing unit shall |
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refund to the person who was the owner of the property on the date |
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the tax was paid the amount by which the payment exceeded the tax |
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due. |
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SECTION 6. The exemption from ad valorem taxation of a |
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residence homestead authorized by Section 11.13(s), Tax Code, as |
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added by this Act, applies only to taxes imposed beginning with the |
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2024 tax year. |
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SECTION 7. This Act takes effect January 1, 2024, but only |
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if the constitutional amendment proposed by the 88th Legislature, |
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Regular Session, 2023, to exempt from ad valorem taxation 50 |
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percent of the appraised value of the residence homestead of a |
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person who has received a residence homestead exemption for the |
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property for at least the preceding 10 years is approved by the |
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voters. If that amendment is not approved by the voters, this Act |
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has no effect. |