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§ Requires the chief appraiser of each appraisal district,
each year, to publicize in a manner designed to notify all residents
of the district, provisions of the "Right of Protest"
and the method by which a property owner may protest an action
before the appraisal review board.
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§ Grants power to a county to seize and sell abandoned real
property, which is not in a municipality of the county, for delinquent
property taxes.
§ Prohibits the property seized by the county from being
sold for an amount less than the lesser of the market value of
the property or the total amount of taxes due on the property.
§ Allows a property tax exemption for a private school to
remain in effect if the owner transferred or sold the school property,
but continued to operate the school and use the property for the
same qualifying school purposes.
§ Exempts from property taxation a person whose stake in
a multi-party mineral interest has a taxable value of less than
$500.
§ Provides that an appraisal district is governed by a board
of five directors, who are appointed by the taxing units that
participate in the district, and sets out who is eligible to serve.
A county assessor-collector serves as a nonvoting director, if
not appointed to the board.
§ Increases the maximum number of auxiliary members the
board of directors of an appraisal district may appoint for a
county, depending on that county's population.
§ Prohibits a person from receiving a residence homestead
tax exemption for more than one residence homestead in the same
year.
§ Provides for the limitation of property taxes for persons
65 years or older to be applicable to certain surviving spouses,
depending on when the individual who qualified for the residence
homestead died.
§ Provides that if an individual who had received a limitation
on tax increases imposed under Section 11.26 of the Tax Code (Limitation
of School Tax on Homesteads of Elderly) subsequently qualifies
a different homestead for a residence homestead exemption, the
total amount of school district property taxes imposed on the
new homestead may not exceed the amount of school taxes that would
have been imposed in the first year in which the person received
the homestead exemption for that homestead, had the limitation
on school tax increases not been in effect, multiplied by a fraction
of which:
§ the numerator is the total amount of school taxes imposed
on the former homestead in the last year in which the person received
the homestead exemption the former homestead; and
§ the denominator is that total amount of school taxes that
would have been imposed on the former homestead in the last year
in which the person received the homestead exemption had the limitation
on school tax increases not been in effect.
§ Contains contingency provisions
for the inclusion of the transfer allowed for persons 65 years
of age or older of their frozen property tax levies and other
provisions. The provision will be included if either H.J.R. 4
or S.J.R. 43 is approved by the voters.
§ Provides that if a person is the
partial owner of exempt property, the exemption shall be multiplied
by a fraction, of which the numerator is the value of the person's
property interest and the denominator is the property's value.
§ Provides for immediate effect of
homestead, charitable, surviving spouses, and other exemptions.
§ Sets out what information must be
required on an application form for an exemption.
§ Includes the mass appraisal standards
recognized by the Uniform Standards of Professional Appraisal
Practice in the methods and techniques used in determining the
market value of property.
§ Sets out how a chief appraiser must
apply the cost, income, or market data methods of appraisal.
§ Requires notices of appraised value
to include a detailed explanation of the procedure for protesting
the value.
§ Provides that a governing body may
not adopt a tax rate that if applied to the total taxable value
would impose an amount of taxes that exceeds last year's levy.
§ Adds Section 23.23 to the Tax Code,
which provides that the appraised value of a residence homestead
may not exceed the lesser of:
§ the property's market value; or
§ the sum of 10 percent of the appraised value of the property
for the last year the property was appraised times the number
of years since the property was last appraised, the appraised
value of the property for the last year it was appraised, and
the market value of all new improvements.
§ Provides that a delinquent tax incurs
a penalty of 50 percent of the amount of the tax without regard
to the number of months the tax has been delinquent, if the property
owner had received certain exemptions that were subsequently canceled
by the chief appraiser because that person did not qualify for
certain enumerated reasons.
§ Provides that a person is entitled
to defer or abate a suit to collect a delinquent tax imposed on
a portion of that individual's residence homestead that exceeds
the sum of 105 percent of the appraised value of the property
for the preceding year and the market value of all subsequent
property improvements. Sets out the procedure for obtaining such
deferral or abatement, when the deferral or abatement applies,
how to calculate the amount of taxes which may be deferred, and
the attachment and calculation of the tax lien.
§ Requires an appraisal review board
to provide for protest hearings in evenings and on weekends.
§ Provides that the taxable value
of property for the determination of school district property
values is reduced by the appraised value of property or that
portion of property on which the collection of delinquent taxes
has been deferred.
§ Waives the rollback property tax for land that changed
from a qualifying open-space use if the change of use occurred
as a result of a transfer of the property to the state or a political
subdivision of the state to be used for a public purpose.
§ Prohibits school districts from entering into tax abatement
agreements authorized by the Tax Increment Financing Act after
September 1, 1997, and from increasing their level of financial
participation in tax abatement agreements entered into before
September 1, 1997.
§ Prohibits school districts from entering into tax abatement
agreements authorized by the Property Redevelopment and Tax Abatement
Act, on or after September 1, 1997, and from making certain modifications
to a tax abatement agreements entered into on or after September
1, 1997.
§ Excludes from the definition of a "Taxing Unit,"
for a reinvestment zone created or a tax abatement agreement executed
on or after September 1, 1997, a school district that is subject
to guidelines set forth in Chapter 42 of the Education code (Foundation
School Program) and organized primarily to provide general elementary
and secondary public education.
§ Prohibits a project plan for the development of redevelopment
of a reinvestment zone, or a reinvestment zone financing plan
approved before September 1, 1997, from being amended on or after
September 1, 1997, to increase the percentage of a tax increment
to be contributed by a school district to a tax increment fund;
to increase the duration of time a school district is to contribute
to a tax increment fund; to allow a school district that was not
included in the originally approved project plan or reinvestment
zone financing plan to contribute a tax increment or any other
funds to a tax increment fund; or to allow a school district to
pay into a tax increment fund any additional tax increment or
funds derived from property added to the reinvestment zone.
§ Proposes a constitutional amendment to authorize the legislature
to limit the maximum average annual percentage increase in the
appraised value of residence homesteads for ad valorem tax purposes
to 10 percent, or a greater percentage, for each year since the
most recent tax appraisal. A limitation on appraisal increases:
§ takes effect for a residence homestead on the later of
the effective date of the law imposing the limitation or the January
1 of the tax year following the first tax year the owner qualified
for a residence homestead exemption; and
§ expires on January 1 of the first tax year that neither
the owner nor the owner's surviving spouse qualifies for a residence
homestead exemption.
§ Authorizes the legislature to provide
for the transfer of all or a proportionate amount of the constitutional
limitation on increases of ad valorem taxes for general elementary
and secondary public school purposes imposed on the residence
homestead of a person of 65 years of age or older to a subsequently
established different residential homestead. Provides that this
proposed amendment shall be submitted to the voters only if the
constitutional amendment proposed by H.J.R. 4 of the 75th Legislature
is not approved by the voters.
§ Provides that if the legislature provides for such transfer,
the legislature may authorize the governing body of a school district
to elect to apply the law providing for such transfer to a change
in a person's residence homestead that occurred before the law
took effect, subject to any statutory restrictions. The transfer
may apply only to taxes imposed in a tax year after the tax year
the election is made. Ballot Date: November 4, 1997.
§ Proposes a constitutional amendment to authorize the legislature
to permit a local government taxing unit to grant an exemption
or other relief from property taxes on which a water conservation
initiative has been implemented. Ballot Date: November 4,
1997.
§ Increases the homestead exemption from $5,000 to $15,000
of the appraised value of a residence homestead for school district
property tax purposes. Requires the exemption increase to be
ratified by the voters on August 9, 1997, before it takes effect.
§ Authorizes people 65 years of age or older to transfer
a proportionate amount of their frozen property tax levy from
their current homesteads to newly purchased homes. Requires this
provision to be ratified by the voters on August 9, 1997, before
it takes effect.
§ Provides that only school district maintenance and operation
tax revenue is eligible for recapture; tax revenue generated to
pay off bonds for facilities construction is no longer considered
in determining a wealthy district's recapture amount.
§ Creates an instructional facilities allotment beginning
with the 1997-98 school year that guarantees $28 per student in
state and local funds for each cent of tax effort up to a maximum
rate to pay the principal and interest on eligible bonds. Requires
the commissioner of education to award state assistance for facilities
using a priority scale beginning with the district having the
lowest wealth per student.
§ Provides additional money in the school finance system
for school districts to pay for increases in the minimum salary
schedule for teachers. Increases the minimum number of days of
service for a teacher under a 10-month contract to 186 days for
the 1997-98 school year and 187 days for the 1998-99 school year.
§ Provides that if a school district adopts a tax rate which
exceeds the district's rollback tax rate, the voters of the district
must approve the adopted tax rate.
§ Provides that if a school district is certified by the
commissioner of education to have been subject to a reduction
in total revenue for the school year ending on August 31 of the
tax year, the district's rollback tax rate for the tax year is
increased by the tax rate that, if applied to the current total
value for the school district, would impose taxes in an amount
equal to the amount of the reduction certified by the commissioner.
§ Provides that in a school district that received distributions
from an equalization tax imposed under former Chapter 18, Education
Code, the effective rate of that tax as of the date of the county
unit system's abolition is added to the district's rollback tax
rate.
§ Provides calculations for the rollback tax rate of a school
district, and specifies the rollback tax rate calculation for
the 1997 and 1998 tax years.
§ Appropriates $1.04 billion for the biennium through the
Foundation School Program.
§ Dedicates net lottery revenue to the Foundation School
Fund to support the public schools of Texas. Reduces prize money
to lottery winners by 5 percent.
Note: The constitutional amendment for this legislation
is H.J.R. 4.
§ Provides that $15,000, rather than $5,000, of the market
value of the residence homestead of a married or unmarried adult,
including one living alone, is exempt from ad valorem taxation
for general elementary and secondary public school purposes.
Ballot Date: August 9, 1997.
§ Allows the legislature to provide that all or part of
the exemption does not apply to a district or political subdivision
that imposes taxes for public edu-cation purposes but is not the
principal school district providing general elementary and secondary
public education throughout its territory.
§ Allows the legislature to provide for the transfer of
all or a proportionate amount of a limitation for a person who
qualifies for the limitation and establishes a different residence
homestead.
§ Requires the legislature, for a residence homestead subject
to a limitation in the 1996 tax year or an earlier tax year, to
provide for a reduction in the amount of the limitation for the
1997 tax year and subsequent tax years in an amount equal to $10,000
multiplied by the 1997 tax rate for general elementary and secondary
public school purposes applicable to the residence homestead.
§ Requires this constitutional amendment to be submitted
to the voters at an election to be held on August 9, 1997.
Note: The enabling legislation for this constitutional
amendment is H.B. 4.
§ Deletes the requirement that taxpayers pay the taxes imposed
on the property in the preceding year in order to proceed to a
final determination of a property appraisal appeal.
§ Authorizes a property owner who prevails in an appeal
for remedy for excessive appraisal, to be awarded reasonable attorney's
fees, not exceeding the lesser of $100,000 or the total amount
by which the property owner's tax liability is reduced as a result
of the appeal.
§ Provides that a property owner, with a tax liability remaining
after final determination of an appeal, is liable for the remaining
delinquent tax and certain penalties and interest, as if the tax
became delinquent on the original delinquency date.
_ Provides that a property owner who did
not pay taxes because the court found that payment would constitute
an unreasonable restraint on the owner's right of access to the
courts, after final determination of an appeal, is liable for
the delinquent tax with interest as if the tax became delinquent
on the original delinquency date.
§ Requires charitable, youth development, religious, and
private school organizations applying for a charitable property
tax exemption to use their property to perform their principal
functions or perform the principal charitable functions of a similar
organization.
§ Removes the requirement that an organization pledge its
assets in performing its function, and allows the organization
to transfer its assets to the United States government if the
organization was discontinued.
§ Allows a property tax exemption for a private school to
remain in effect if a new owner authorizes the former owner to
continue to operate the school and use the property for the same
qualifying school purposes, and if the former owner continued
to own the property and remained entitled to the exemption.
§ Extends the deadline for which a late application for
a school exemption may filed to December 31, 1997.
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