Bill Text: TX HB5013 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to an exemption from ad valorem taxation of 50 percent of the appraised value of the residence homestead of a person who has received a residence homestead exemption on the property for at least the preceding 10 years.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-23 - Referred to Ways & Means [HB5013 Detail]
Download: Texas-2023-HB5013-Introduced.html
88R13149 SHH-D | ||
By: Jones of Harris | H.B. No. 5013 |
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relating to an exemption from ad valorem taxation of 50 percent of | ||
the appraised value of the residence homestead of a person who has | ||
received a residence homestead exemption on the property for at | ||
least the preceding 10 years. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 11.13, Tax Code, is amended by amending | ||
Subsection (i) and adding Subsection (s) to read as follows: | ||
(i) The assessor and collector for a taxing unit may | ||
disregard the exemptions authorized by Subsection (b), (c), (d), | ||
[ |
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pledged for payment of debt without deducting the amount of the | ||
exemption if: | ||
(1) prior to adoption of the exemption, the taxing | ||
unit pledged the taxes for the payment of a debt; and | ||
(2) granting the exemption would impair the obligation | ||
of the contract creating the debt. | ||
(s) In addition to any other exemptions provided by this | ||
section, an individual is entitled to an exemption from taxation of | ||
50 percent of the appraised value of the individual's residence | ||
homestead if the individual has received an exemption under this | ||
section for the same residence homestead for at least the preceding | ||
10 years. | ||
SECTION 2. Section 11.42(c), Tax Code, is amended to read as | ||
follows: | ||
(c) An exemption authorized by Section 11.13(c), [ |
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or (s), 11.132, 11.133, or 11.134 is effective as of January 1 of | ||
the tax year in which the person qualifies for the exemption and | ||
applies to the entire tax year. | ||
SECTION 3. Section 11.43(a), Tax Code, is amended to read as | ||
follows: | ||
(a) To receive an exemption, a person claiming the | ||
exemption, other than an exemption authorized by Section 11.11, | ||
11.12, 11.13(s), 11.14, 11.141, 11.145, 11.146, 11.15, 11.16, | ||
11.161, or 11.25, must apply for the exemption. To apply for an | ||
exemption, a person must file an exemption application form with | ||
the chief appraiser for each appraisal district in which the | ||
property subject to the claimed exemption has situs. | ||
SECTION 4. Section 26.10(b), Tax Code, is amended to read as | ||
follows: | ||
(b) If the appraisal roll shows that a residence homestead | ||
exemption under Section 11.13(c), [ |
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or 11.134 applicable to a property on January 1 of a year terminated | ||
during the year and if the owner of the property qualifies a | ||
different property for one of those residence homestead exemptions | ||
during the same year, the tax due against the former residence | ||
homestead is calculated by: | ||
(1) subtracting: | ||
(A) the amount of the taxes that otherwise would | ||
be imposed on the former residence homestead for the entire year had | ||
the owner qualified for the residence homestead exemption for the | ||
entire year; from | ||
(B) the amount of the taxes that otherwise would | ||
be imposed on the former residence homestead for the entire year had | ||
the owner not qualified for the residence homestead exemption | ||
during the year; | ||
(2) multiplying the remainder determined under | ||
Subdivision (1) by a fraction, the denominator of which is 365 and | ||
the numerator of which is the number of days that elapsed after the | ||
date the exemption terminated; and | ||
(3) adding the product determined under Subdivision | ||
(2) and the amount described by Subdivision (1)(A). | ||
SECTION 5. Section 26.112, Tax Code, is amended to read as | ||
follows: | ||
Sec. 26.112. CALCULATION OF TAXES ON RESIDENCE HOMESTEAD OF | ||
CERTAIN PERSONS. (a) Except as provided by Section 26.10(b), if at | ||
any time during a tax year property is owned by an individual who | ||
qualifies for an exemption under Section 11.13(c), [ |
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(s), 11.133, or 11.134, the amount of the tax due on the property | ||
for the tax year is calculated as if the individual qualified for | ||
the exemption on January 1 and continued to qualify for the | ||
exemption for the remainder of the tax year. | ||
(b) If an individual qualifies for an exemption under | ||
Section 11.13(c), [ |
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to the property after the amount of the tax due on the property is | ||
calculated and the effect of the qualification is to reduce the | ||
amount of the tax due on the property, the assessor for each taxing | ||
unit shall recalculate the amount of the tax due on the property and | ||
correct the tax roll. If the tax bill has been mailed and the tax on | ||
the property has not been paid, the assessor shall mail a corrected | ||
tax bill to the person in whose name the property is listed on the | ||
tax roll or to the person's authorized agent. If the tax on the | ||
property has been paid, the tax collector for the taxing unit shall | ||
refund to the person who was the owner of the property on the date | ||
the tax was paid the amount by which the payment exceeded the tax | ||
due. | ||
SECTION 6. The exemption from ad valorem taxation of a | ||
residence homestead authorized by Section 11.13(s), Tax Code, as | ||
added by this Act, applies only to taxes imposed beginning with the | ||
2024 tax year. | ||
SECTION 7. This Act takes effect January 1, 2024, but only | ||
if the constitutional amendment proposed by the 88th Legislature, | ||
Regular Session, 2023, to exempt from ad valorem taxation 50 | ||
percent of the appraised value of the residence homestead of a | ||
person who has received a residence homestead exemption for the | ||
property for at least the preceding 10 years is approved by the | ||
voters. If that amendment is not approved by the voters, this Act | ||
has no effect. |