Bill Text: TX SB1427 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the applicability of the temporary exemption from ad valorem taxation of a portion of the appraised value of certain property damaged by a disaster.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2021-06-16 - Effective immediately [SB1427 Detail]
Download: Texas-2021-SB1427-Enrolled.html
S.B. No. 1427 |
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relating to the applicability of the temporary exemption from ad | ||
valorem taxation of a portion of the appraised value of certain | ||
property damaged by a disaster. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 11.35(a) and (g), Tax Code, are amended | ||
to read as follows: | ||
(a) In this section: | ||
(1) "Damage" means physical damage. | ||
(2) "Qualified[ |
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that: | ||
(A) [ |
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(i) [ |
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for the production of income; | ||
(ii) [ |
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or | ||
(iii) [ |
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term is defined by Section 1201.003, Occupations Code, that is used | ||
as a dwelling, regardless of whether the owner of the manufactured | ||
home elects to treat the manufactured home as real property under | ||
Section 1201.2055, Occupations Code; | ||
(B) [ |
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governor to be a disaster area following a disaster; | ||
(C) [ |
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disaster, as determined by the chief appraiser under this section; | ||
and | ||
(D) [ |
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(A)(i) [ |
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statement or property report filed by the property owner under | ||
Section 22.01 that demonstrates that the property had taxable situs | ||
in the disaster area for the tax year in which the disaster | ||
occurred. | ||
(g) The chief appraiser shall assign to an item of qualified | ||
property: | ||
(1) a Level I damage assessment rating if the property | ||
is at least 15 percent, but less than 30 percent, damaged, meaning | ||
that the property suffered minimal damage and may continue to be | ||
used as intended; | ||
(2) a Level II damage assessment rating if the | ||
property is at least 30 percent, but less than 60 percent, damaged, | ||
which, for qualified property described by Subsection | ||
(a)(2)(A)(ii) or (iii) [ |
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has suffered only nonstructural damage, including nonstructural | ||
damage to the roof, walls, foundation, or mechanical components, | ||
and the waterline, if any, is less than 18 inches above the floor; | ||
(3) a Level III damage assessment rating if the | ||
property is at least 60 percent damaged but is not a total loss, | ||
which, for qualified property described by Subsection | ||
(a)(2)(A)(ii) or (iii) [ |
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has suffered significant structural damage requiring extensive | ||
repair due to the failure or partial failure of structural | ||
elements, wall elements, or the foundation, or the waterline is at | ||
least 18 inches above the floor; or | ||
(4) a Level IV damage assessment rating if the | ||
property is a total loss, meaning that repair of the property is not | ||
feasible. | ||
SECTION 2. The amendment made by this Act is a clarification | ||
of existing law and does not imply that existing law may be | ||
construed as inconsistent with the law as amended by this Act. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1427 passed the Senate on | ||
April 29, 2021, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1427 passed the House on | ||
May 25, 2021, by the following vote: Yeas 139, Nays 3, three | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |