Bill Text: TX SB8 | 2021 | 87th Legislature 1st Special Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the authority of a person who acquires a residence homestead to receive an ad valorem tax exemption for the homestead in the year in which the property is acquired, and the protection of school districts against the resulting loss in revenue.

Spectrum: Moderate Partisan Bill (Republican 18-3)

Status: (Engrossed - Dead) 2021-07-16 - Co-author authorized [SB8 Detail]

Download: Texas-2021-SB8-Introduced.html

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87S10139 TJB-D
By: Bettencourt S.B. No. 8

A BILL TO BE ENTITLED
AN ACT
relating to the authority of a person who acquires a residence
homestead to receive an ad valorem tax exemption for the homestead
in the year in which the property is acquired.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.42(d), Tax Code, is amended to read as
follows:
(d) A person who acquires property after January 1 of a tax
year may receive an exemption authorized by Section 11.13, other
than an exemption authorized by Section 11.13(c) or (d), 11.17,
11.18, 11.19, 11.20, 11.21, 11.23, 11.231, or 11.30 for the
applicable portion of that tax year immediately on qualification
for the exemption.
SECTION 2. Chapter 26, Tax Code, is amended by adding
Section 26.1115 to read as follows:
Sec. 26.1115. CALCULATION OF TAXES ON RESIDENCE HOMESTEAD
GENERALLY. (a) If an individual receives one or more exemptions
under Section 11.13 for a portion of a tax year as provided by
Section 11.42(d), except as provided by Subsection (b) of this
section, the amount of tax due on the property for that year is
calculated by:
(1) subtracting:
(A) the amount of the taxes that otherwise would
be imposed on the property for the entire year had the individual
qualified for the exemptions for the entire year; from
(B) the amount of the taxes that otherwise would
be imposed on the property for the entire year had the individual
not qualified for the exemptions 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 in that year that
elapsed before the date the individual first qualified the property
for the exemptions; and
(3) adding the product determined under Subdivision
(2) and the amount described by Subdivision (1)(A).
(b) If an individual receives one or more exemptions to
which Subsection (a) of this section applies for a portion of a tax
year as provided by Section 11.42(d) and the exemptions terminate
during the year in which the individual acquired the property, the
amount of tax due on the property for that year is calculated by:
(1) subtracting:
(A) the amount of the taxes that otherwise would
be imposed on the property for the entire year had the individual
qualified for the exemptions for the entire year; from
(B) the amount of the taxes that otherwise would
be imposed on the property for the entire year had the individual
not qualified for the exemptions 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 sum of:
(A) the number of days in that year that elapsed
before the date the individual first qualified the property for the
exemptions; and
(B) the number of days in that year that elapsed
after the date the exemptions terminated; and
(3) adding the product determined under Subdivision
(2) and the amount described by Subdivision (1)(A).
(c) If an individual qualifies to receive an exemption as
described by Subsection (a) with respect to a property after the
amount of tax due on the property is calculated and if the effect of
the qualification is to reduce the amount of 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 individual
in whose name the property is listed on the tax roll or to the
individual's authorized agent. If the tax on the property has been
paid, the collector for the taxing unit shall refund to the
individual who paid the tax the amount by which the payment exceeded
the tax due.
SECTION 3. This Act applies only to a residence homestead
acquired on or after the effective date of this Act.
SECTION 4. This Act takes effect January 1, 2022.