Bill Text: TX HB1884 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the determination of the market value of a residence homestead for ad valorem taxation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-07 - Referred to Ways & Means [HB1884 Detail]
Download: Texas-2011-HB1884-Introduced.html
82R7599 TJB-D | ||
By: Garza | H.B. No. 1884 |
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relating to the determination of the market value of a residence | ||
homestead for ad valorem taxation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 25.18, Tax Code, is amended by amending | ||
Subsection (b) and adding Subsections (b-1), (b-2), and (b-3) to | ||
read as follows: | ||
(b) The plan shall provide for the following reappraisal | ||
activities for all real and personal property in the district at | ||
least once every three years, except as provided by Subsections | ||
(b-1), (b-2), and (b-3): | ||
(1) identifying properties to be appraised through | ||
physical inspection or by other reliable means of identification, | ||
including deeds or other legal documentation, aerial photographs, | ||
land-based photographs, surveys, maps, and property sketches; | ||
(2) identifying and updating relevant characteristics | ||
of each property in the appraisal records; | ||
(3) defining market areas in the district; | ||
(4) identifying property characteristics that affect | ||
property value in each market area, including: | ||
(A) the location and market area of property; | ||
(B) physical attributes of property, such as | ||
size, age, and condition; | ||
(C) legal and economic attributes; and | ||
(D) easements, covenants, leases, reservations, | ||
contracts, declarations, special assessments, ordinances, or legal | ||
restrictions; | ||
(5) developing an appraisal model that reflects the | ||
relationship among the property characteristics affecting value in | ||
each market area and determines the contribution of individual | ||
property characteristics; | ||
(6) applying the conclusions reflected in the model to | ||
the characteristics of the properties being appraised; and | ||
(7) reviewing the appraisal results to determine | ||
value. | ||
(b-1) The plan shall provide for the reappraisal of a | ||
residence homestead not more often than once every three years. The | ||
market value of a residence homestead may not be increased for a tax | ||
year in which the property is not appraised. The plan may not | ||
prevent the chief appraiser from reappraising a residence homestead | ||
in a year in which the housing market is down. | ||
(b-2) Subsection (b-1) does not apply to the appraisal of a | ||
residence homestead in the tax year in which a limitation on | ||
appraised value under Section 23.23(a) expires. | ||
(b-3) Notwithstanding Subsection (b-1), at any time during | ||
a tax year before the date the chief appraiser submits the completed | ||
appraisal records to the appraisal review board under Section | ||
25.22, an owner of a residence homestead is entitled to a | ||
reappraisal of the owner's residence homestead for that year on | ||
written request delivered to the chief appraiser. | ||
SECTION 2. Section 403.302(d), Government Code, as amended | ||
by Chapters 1186 (H.B. 3676) and 1328 (H.B. 3646), Acts of the 81st | ||
Legislature, Regular Session, 2009, is reenacted and amended to | ||
read as follows: | ||
(d) For the purposes of this section, "taxable value" means | ||
the market value of all taxable property less: | ||
(1) the total dollar amount of any residence homestead | ||
exemptions lawfully granted under Section 11.13(b) or (c), Tax | ||
Code, in the year that is the subject of the study for each school | ||
district; | ||
(2) one-half of the total dollar amount of any | ||
residence homestead exemptions granted under Section 11.13(n), Tax | ||
Code, in the year that is the subject of the study for each school | ||
district; | ||
(3) the total dollar amount of any exemptions granted | ||
before May 31, 1993, within a reinvestment zone under agreements | ||
authorized by Chapter 312, Tax Code; | ||
(4) subject to Subsection (e), the total dollar amount | ||
of any captured appraised value of property that: | ||
(A) is within a reinvestment zone created on or | ||
before May 31, 1999, or is proposed to be included within the | ||
boundaries of a reinvestment zone as the boundaries of the zone and | ||
the proposed portion of tax increment paid into the tax increment | ||
fund by a school district are described in a written notification | ||
provided by the municipality or the board of directors of the zone | ||
to the governing bodies of the other taxing units in the manner | ||
provided by Section 311.003(e), Tax Code, before May 31, 1999, and | ||
within the boundaries of the zone as those boundaries existed on | ||
September 1, 1999, including subsequent improvements to the | ||
property regardless of when made; | ||
(B) generates taxes paid into a tax increment | ||
fund created under Chapter 311, Tax Code, under a reinvestment zone | ||
financing plan approved under Section 311.011(d), Tax Code, on or | ||
before September 1, 1999; and | ||
(C) is eligible for tax increment financing under | ||
Chapter 311, Tax Code; | ||
(5) the total dollar amount of any captured appraised | ||
value of property that: | ||
(A) is within a reinvestment zone: | ||
(i) created on or before December 31, 2008, | ||
by a municipality with a population of less than 18,000; and | ||
(ii) the project plan for which includes | ||
the alteration, remodeling, repair, or reconstruction of a | ||
structure that is included on the National Register of Historic | ||
Places and requires that a portion of the tax increment of the zone | ||
be used for the improvement or construction of related facilities | ||
or for affordable housing; | ||
(B) generates school district taxes that are paid | ||
into a tax increment fund created under Chapter 311, Tax Code; and | ||
(C) is eligible for tax increment financing under | ||
Chapter 311, Tax Code; | ||
(6) the total dollar amount of any exemptions granted | ||
under Section 11.251 or 11.253, Tax Code; | ||
(7) the difference between the comptroller's estimate | ||
of the market value and the productivity value of land that | ||
qualifies for appraisal on the basis of its productive capacity, | ||
except that the productivity value estimated by the comptroller may | ||
not exceed the fair market value of the land; | ||
(8) the portion of the appraised value of residence | ||
homesteads of individuals who receive a tax limitation under | ||
Section 11.26, Tax Code, on which school district taxes are not | ||
imposed in the year that is the subject of the study, calculated as | ||
if the residence homesteads were appraised at the full value | ||
required by law; | ||
(9) a portion of the market value of property not | ||
otherwise fully taxable by the district at market value because of: | ||
(A) action required by statute or the | ||
constitution of this state that, if the tax rate adopted by the | ||
district is applied to it, produces an amount equal to the | ||
difference between the tax that the district would have imposed on | ||
the property if the property were fully taxable at market value and | ||
the tax that the district is actually authorized to impose on the | ||
property, if this subsection does not otherwise require that | ||
portion to be deducted; or | ||
(B) action taken by the district under Subchapter | ||
B or C, Chapter 313, Tax Code, before the expiration of the | ||
subchapter; | ||
(10) the market value of all tangible personal | ||
property, other than manufactured homes, owned by a family or | ||
individual and not held or used for the production of income; | ||
(11) the appraised value of property the collection of | ||
delinquent taxes on which is deferred under Section 33.06, Tax | ||
Code; | ||
(12) the portion of the appraised value of property | ||
the collection of delinquent taxes on which is deferred under | ||
Section 33.065, Tax Code; [ |
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(13) the amount by which the market value of a | ||
residence homestead to which Section 23.23, Tax Code, applies | ||
exceeds the appraised value of that property as calculated under | ||
that section; and | ||
(14) the amount by which the market value of a | ||
residence homestead to which Section 25.18(b-1), Tax Code, applies | ||
exceeds the appraised value of that property because of the | ||
application of Section 25.18(b-1). | ||
SECTION 3. Section 403.302(m), Government Code, as added by | ||
Chapter 1186 (H.B. 3676), Acts of the 81st Legislature, Regular | ||
Session, 2009, is amended to conform to Section 80, Chapter 1328 | ||
(H.B. 3646), Acts of the 81st Legislature, Regular Session, 2009, | ||
to read as follows: | ||
(m) Subsection (d)(9) [ |
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that was the subject of an application under Subchapter B or C, | ||
Chapter 313, Tax Code, made after May 1, 2009, that the comptroller | ||
recommended should be disapproved. | ||
SECTION 4. To the extent of any conflict, this Act prevails | ||
over another Act of the 82nd Legislature, Regular Session, 2011, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 5. This Act applies only to the determination of the | ||
appraised value of a residence homestead for ad valorem taxation | ||
for a tax year that begins on or after the effective date of this | ||
Act. | ||
SECTION 6. This Act takes effect January 1, 2012. |