Bill Text: TX HB215 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to escrow accounts maintained by tax collectors for the payment of ad valorem taxes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-02-07 - Referred to Ways & Means [HB215 Detail]
Download: Texas-2013-HB215-Introduced.html
83R310 ALL-D | ||
By: Pickett | H.B. No. 215 |
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relating to escrow accounts maintained by tax collectors for the | ||
payment of ad valorem taxes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 31.072(b), (c), (d), (f), (g), (h), and | ||
(i), Tax Code, are amended to read as follows: | ||
(b) A contract may establish an account to provide for the | ||
payment of property taxes for one tax year or multiple tax years. | ||
The [ |
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preceding the first tax year for which the account is established. | ||
The collector may agree to establish a combined account for more | ||
than one item of property having the same owner on the property | ||
owner's request. If a collector collects taxes for more than one | ||
taxing unit, an account must apply to taxes on the affected property | ||
for each of the taxing units. | ||
(c) A contract under this section, for each tax year covered | ||
by the contract, must require the property owner to make monthly | ||
deposits to the escrow account until the amount set for that tax | ||
year in the contract under Subsection (d) [ |
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in the account or until the tax bill for the property is prepared | ||
for that tax year, whichever occurs earlier. For a contract | ||
covering multiple tax years, deposits may not be made for a tax year | ||
before October 1 of the preceding tax year. | ||
(d) On request by a property owner to establish an escrow | ||
account under this section, the collector shall estimate the amount | ||
of taxes to be imposed on the property by the affected taxing units | ||
for the first tax year covered by the contract. For each subsequent | ||
tax year, the collector shall estimate the amount of taxes to be | ||
imposed on the property by the affected taxing units before October | ||
1 of the preceding tax [ |
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escrow account, for each tax year covered by the contract, must | ||
provide for deposits that would provide, as of the date the | ||
collector estimates the tax bill for the property will be prepared, | ||
an account balance [ |
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amount of taxes estimated by the collector for that tax year or the | ||
amount of taxes imposed on the property by the affected taxing units | ||
in the preceding tax year, whichever is less. The collector may | ||
agree to a deposit of a greater amount on the property owner's | ||
request. | ||
(f) The property owner may withdraw from the collector the | ||
money the owner deposited in an escrow account for a tax year only | ||
if the withdrawal is made before the date the tax bill is prepared | ||
for that tax year or October 1 of that [ |
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occurs earlier. On and after that date and until the taxes are paid | ||
for that tax year, the collector must agree to a withdrawal by the | ||
taxpayer. The property owner may not withdraw less than the total | ||
amount deposited in the escrow account. | ||
(g) For each tax year, when [ |
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for property for which an escrow account is established, the | ||
collector shall apply the money in the account to the taxes imposed | ||
and deliver a tax receipt to the taxpayer together with a refund of | ||
any amount in the account in excess of the amount of taxes paid for | ||
that tax year. If the amount in the escrow account is not sufficient | ||
to pay the taxes for that tax year in full, the collector shall | ||
apply the money to the taxes and deliver to the taxpayer a tax | ||
receipt for the partial payment and a tax bill for the unpaid | ||
amount. If the escrow account applies to more than one taxing unit | ||
or to more than one item of property, the collector shall apply the | ||
amount to each taxing unit or item of property in proportion to the | ||
amount of taxes imposed unless the contract provides otherwise. | ||
(h) Notwithstanding Subsection (a), if the property owner | ||
requesting a collector to establish an escrow account under this | ||
section is a disabled veteran as defined by Section 11.22 or a | ||
recipient of the Purple Heart, the Congressional Medal of Honor, | ||
the Bronze Star Medal, the Silver Star, the Legion of Merit, or a | ||
service cross awarded by a branch of the United States armed forces | ||
and the escrow account is to be used solely to provide for the | ||
payment of property taxes collected by the collector on the | ||
property owner's residence homestead for a single tax year, the | ||
collector shall enter into a contract with the property owner under | ||
this section for that tax year. | ||
(i) Notwithstanding Subsection (a), if the property owner | ||
requesting a collector to establish an escrow account under this | ||
section is the owner of a manufactured home and the escrow account | ||
is to be used solely to provide for the payment of property taxes | ||
collected by the collector on the property owner's manufactured | ||
home for a single tax year, the collector shall enter into a | ||
contract with the property owner under this section for that tax | ||
year. | ||
SECTION 2. 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, 2013. |