Bill Text: TX SB1280 | 2019-2020 | 86th Legislature | Engrossed


Bill Title: Relating to the deferral or abatement of the collection of ad valorem taxes on an appreciating residence homestead.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2019-05-15 - Left pending in committee [SB1280 Detail]

Download: Texas-2019-SB1280-Engrossed.html
 
 
  By: West S.B. No. 1280
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the deferral or abatement of the collection of ad
  valorem taxes on an appreciating residence homestead.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 33.065(a), (f), and (g), Tax Code, are
  amended to read as follows:
         (a)  An individual is entitled to defer collection of a tax
  or abate a suit to collect a delinquent tax imposed on the portion
  of the appraised value of property the individual owns and occupies
  as the individual's residence homestead that exceeds the sum of:
               (1)  105 percent of the appraised value of the property
  for the preceding year; and
               (2)  the market value of all new improvements to the
  property.
         (f)  If the collection of [delinquent] taxes on the property
  was deferred in a prior tax year and the sum of the amounts
  described by Subsections (a)(1) and (2) exceeds the appraised value
  of the property for the current tax year, the amount of taxes the
  collection of which may be deferred is reduced by the amount
  calculated by multiplying the taxing unit's tax rate for the
  current year by the amount by which that sum exceeds the appraised
  value of the property.
         (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 five [eight]
  percent instead of the rate provided by Section 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 2.  Section 33.065(g), Tax Code, as amended by this
  Act, applies only to interest that accrues during a deferral or
  abatement period on or after the effective date of this Act,
  regardless of whether the deferral or abatement period began before
  that date or begins on or after that date.  Interest that accrued
  during a deferral or abatement period before the effective date of
  this Act is governed by the law in effect when the interest accrued,
  and that law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect January 1, 2020.
feedback