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A BILL TO BE ENTITLED
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AN ACT
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relating to the calculation of a limitation on the total amount of |
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ad valorem taxes that may be imposed by certain taxing units on the |
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residence homestead of an individual who is elderly or disabled. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 11.26(a) and (g), Tax Code, are amended |
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to read as follows: |
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(a) The tax officials shall appraise [the] property to which |
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this section applies and calculate taxes as on other property, but |
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if the tax so calculated exceeds the limitation imposed by this |
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section, the tax imposed is the amount of the tax as limited by this |
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section, except as otherwise provided by this section. A school |
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district may not increase the total annual amount of ad valorem tax |
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it imposes on the residence homestead of an individual 65 years of |
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age or older or on the residence homestead of an individual who is |
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disabled, as defined by Section 11.13, above the amount of the tax |
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it imposed in the first tax year in which the individual qualified |
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that residence homestead for the applicable exemption provided by |
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Section 11.13(c) for an individual who is 65 years of age or older |
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or is disabled. If the individual qualified that residence |
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homestead for the exemption after the beginning of that first year |
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and the residence homestead remains eligible for the same exemption |
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for the next year, and if the school district taxes imposed on the |
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residence homestead in the next year are less than the amount of |
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taxes imposed in that first year, a school district may not |
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subsequently increase the total annual amount of ad valorem taxes |
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it imposes on the residence homestead above the amount it imposed in |
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the year immediately following the first year for which the |
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individual qualified that residence homestead for the same |
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exemption[, except as provided by Subsection (b)]. If the first tax |
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year the individual qualified the residence homestead for the |
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exemption provided by Section 11.13(c) for individuals 65 years of |
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age or older or disabled was a tax year before the 2022 [2015] tax |
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year, the amount of the limitation provided by this section is the |
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amount of tax the school district imposed for the 2022 [2014] tax |
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year [less an amount equal to the amount determined by multiplying |
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$10,000 times the tax rate of the school district for the 2015 tax |
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year, plus any 2015 tax attributable to improvements made in 2014, |
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other than improvements made to comply with governmental |
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regulations or repairs]. |
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(g) If [Except as provided by Subsection (b), if] an |
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individual who receives a limitation on tax increases imposed by |
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this section, including a surviving spouse who receives a |
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limitation under Subsection (i), subsequently qualifies a |
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different residence homestead for the same exemption under Section |
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11.13, a school district may not impose ad valorem taxes on the |
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subsequently qualified homestead in a year in an amount that |
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exceeds the amount of taxes the school district would have imposed |
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on the subsequently qualified homestead in the first year in which |
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the individual receives that same exemption for the subsequently |
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qualified homestead had the limitation on tax increases imposed by |
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this section not been in effect, multiplied by a fraction the |
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numerator of which is the total amount of school district taxes |
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imposed on the former homestead in the last year in which the |
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individual received that same exemption for the former homestead |
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and the denominator of which is the total amount of school district |
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taxes that would have been imposed on the former homestead in the |
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last year in which the individual received that same exemption for |
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the former homestead had the limitation on tax increases imposed by |
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this section not been in effect. |
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SECTION 2. Sections 11.261(b) and (g), Tax Code, are |
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amended to read as follows: |
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(b) The tax officials shall appraise [the] property to which |
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the limitation applies and calculate taxes as on other property, |
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but if the tax so calculated exceeds the limitation provided by this |
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section, the tax imposed is the amount of the tax as limited by this |
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section, except as otherwise provided by this section. The county, |
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municipality, or junior college district may not increase the total |
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annual amount of ad valorem taxes the county, municipality, or |
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junior college district imposes on the residence homestead of a |
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disabled individual or an individual 65 years of age or older above |
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the amount of the taxes the county, municipality, or junior college |
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district imposed on the residence homestead in the first tax year, |
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other than a tax year preceding the tax year in which the county, |
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municipality, or junior college district established the |
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limitation described by Subsection (a), in which the individual |
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qualified that residence homestead for the exemption provided by |
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Section 11.13(c) for a disabled individual or an individual 65 |
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years of age or older. If the individual qualified that residence |
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homestead for the exemption after the beginning of that first year |
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and the residence homestead remains eligible for the exemption for |
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the next year, and if the county, municipal, or junior college |
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district taxes imposed on the residence homestead in the next year |
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are less than the amount of taxes imposed in that first year, a |
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county, municipality, or junior college district may not |
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subsequently increase the total annual amount of ad valorem taxes |
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it imposes on the residence homestead above the amount it imposed on |
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the residence homestead in the year immediately following the first |
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year, other than a tax year preceding the tax year in which the |
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county, municipality, or junior college district established the |
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limitation described by Subsection (a), for which the individual |
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qualified that residence homestead for the exemption. If the first |
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tax year the individual qualified the residence homestead for the |
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exemption provided by Section 11.13(c) for an individual who is 65 |
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years of age or older or who is disabled was a tax year before the |
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2022 tax year, the amount of the limitation provided by this section |
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is the amount of tax the county, municipality, or junior college |
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district imposed for the 2022 tax year. |
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(g) If [Except as provided by Subsection (c), if] an |
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individual who receives a limitation on county, municipal, or |
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junior college district tax increases provided by this section |
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subsequently qualifies a different residence homestead in the same |
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county, municipality, or junior college district for an exemption |
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under Section 11.13, the county, municipality, or junior college |
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district may not impose ad valorem taxes on the subsequently |
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qualified homestead in a year in an amount that exceeds the amount |
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of taxes the county, municipality, or junior college district would |
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have imposed on the subsequently qualified homestead in the first |
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year in which the individual receives that exemption for the |
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subsequently qualified homestead had the limitation on tax |
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increases provided by this section not been in effect, multiplied |
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by a fraction the numerator of which is the total amount of taxes |
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the county, municipality, or junior college district imposed on the |
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former homestead in the last year in which the individual received |
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that exemption for the former homestead and the denominator of |
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which is the total amount of taxes the county, municipality, or |
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junior college district would have imposed on the former homestead |
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in the last year in which the individual received that exemption for |
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the former homestead had the limitation on tax increases provided |
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by this section not been in effect. |
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SECTION 3. The following provisions of the Tax Code are |
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repealed: |
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(1) Sections 11.26(a-1), (a-2), (a-3), (b), and (o); |
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and |
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(2) Sections 11.261(c) and (m). |
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SECTION 4. The changes in law made by this Act apply only to |
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ad valorem taxes imposed for a tax year that begins on or after the |
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effective date of this Act. |
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SECTION 5. This Act takes effect January 1, 2023, but only |
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if the constitutional amendment proposed by the 87th Legislature, |
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2nd Called Session, 2021, relating to the calculation of a |
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limitation on the total amount of ad valorem taxes that may be |
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imposed by certain political subdivisions on the residence |
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homestead of a person who is elderly or disabled is approved by the |
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voters. If that amendment is not approved by the voters, this Act |
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has no effect. |