Bill Text: TX HB108 | 2017 | 85th Legislature 1st Special Session | Engrossed
Bill Title: Relating to the rate at which interest accrues in connection with the deferral or abatement of the collection of ad valorem taxes on certain residence homesteads.
Spectrum: Moderate Partisan Bill (Republican 8-1)
Status: (Engrossed - Dead) 2017-08-07 - Received from the House [HB108 Detail]
Download: Texas-2017-HB108-Engrossed.html
By: Murphy, Capriglione, Bonnen of Brazoria, | H.B. No. 108 | |
Darby, Turner, et al. |
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relating to the rate at which interest accrues in connection with | ||
the deferral or abatement of the collection of ad valorem taxes on | ||
certain residence homesteads. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. (a) This section takes effect only if the | ||
constitutional amendment proposed by H.J.R. 21, 85th Legislature, | ||
Regular Session, 2017, is approved by the voters. | ||
(b) Section 33.06(d), Tax Code, as amended by H.B. 150, Acts | ||
of the 85th Legislature, Regular Session, 2017, effective January | ||
1, 2018, is amended to read as follows: | ||
(d) A tax lien remains on the property and interest | ||
continues to accrue during the period collection of taxes is | ||
deferred or abated under this section. The annual interest rate | ||
during the deferral or abatement period is the five-year Constant | ||
Maturity Treasury Rate reported by the Federal Reserve as of | ||
January 1 of the year in which the deferral or abatement was | ||
obtained [ |
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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 (b) or the date the | ||
judgment abating the suit is entered, as applicable, are preserved. | ||
A penalty under Section 33.01 is not incurred during a deferral or | ||
abatement period. The additional penalty under Section 33.07 may | ||
be imposed and collected only if the taxes for which collection is | ||
deferred or abated remain delinquent on or after the 181st 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. (a) This section takes effect only if the | ||
constitutional amendment proposed by H.J.R. 21, 85th Legislature, | ||
Regular Session, 2017, is not approved by the voters. | ||
(b) Section 33.06(d), Tax Code, is amended to read as | ||
follows: | ||
(d) A tax lien remains on the property and interest | ||
continues to accrue during the period collection of taxes is | ||
deferred or abated under this section. The annual interest rate | ||
during the deferral or abatement period is the five-year Constant | ||
Maturity Treasury Rate reported by the Federal Reserve as of | ||
January 1 of the year in which the deferral or abatement was | ||
obtained [ |
||
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 (b) or the date the | ||
judgment abating the suit is entered, as applicable, are preserved. | ||
A penalty under Section 33.01 is not incurred during a deferral or | ||
abatement period. The additional penalty under Section 33.07 may | ||
be imposed and collected only if the taxes for which collection is | ||
deferred or abated remain delinquent on or after the 181st 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 3. 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 the five-year | ||
Constant Maturity Treasury Rate reported by the Federal Reserve as | ||
of January 1 of the year in which the deferral or abatement was | ||
obtained [ |
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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 4. Sections 33.06(d) and 33.065(g), Tax Code, as | ||
amended by this Act, apply only to interest that accrues during a | ||
deferral or abatement period that begins on or after the effective | ||
date of this Act. Interest that accrues during a deferral or | ||
abatement period that began before the effective date of this Act is | ||
governe | ||
d by the law in effect when the deferral or abatement period | ||
began, and that law is continued in effect for that purpose. | ||
SECTION 5. This Act takes effect January 1, 2018. |