Bill Text: TX HB3280 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to an exemption from ad valorem taxation for property owned by a charitable organization for the purpose of donation to a partially disabled veteran for use as the veteran's residence homestead and for property donated to such a veteran by, or purchased by such a veteran with a donation from, such an organization for that purpose.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-17 - Referred to Ways & Means [HB3280 Detail]
Download: Texas-2015-HB3280-Introduced.html
84R8818 TJB-D | ||
By: Bell | H.B. No. 3280 |
|
||
|
||
relating to an exemption from ad valorem taxation for property | ||
owned by a charitable organization for the purpose of donation to a | ||
partially disabled veteran for use as the veteran's residence | ||
homestead and for property donated to such a veteran by, or | ||
purchased by such a veteran with a donation from, such an | ||
organization for that purpose. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 11.132, Tax Code, as added | ||
by Chapter 122 (H.B. 97), Acts of the 83rd Legislature, Regular | ||
Session, 2013, is amended to read as follows: | ||
Sec. 11.132. [ |
||
DISABLED VETERAN DONATED BY OR PURCHASED WITH DONATION FROM | ||
CHARITABLE ORGANIZATION. | ||
SECTION 2. Section 11.132, Tax Code, as added by Chapter 122 | ||
(H.B. 97), Acts of the 83rd Legislature, Regular Session, 2013, is | ||
amended by amending Subsections (b) and (c) and adding Subsections | ||
(b-1) and (e) to read as follows: | ||
(b) A disabled veteran who has a disability rating of less | ||
than 100 percent is entitled to an exemption from taxation of a | ||
percentage of the appraised value of the disabled veteran's | ||
residence homestead equal to the disabled veteran's disability | ||
rating if the residence homestead was donated to the disabled | ||
veteran by a charitable organization: | ||
(1) at no cost to the disabled veteran; or | ||
(2) at some cost to the disabled veteran in the form of | ||
a cash payment, a mortgage, or both in an aggregate amount that is | ||
not more than 50 percent of the good faith estimate of the market | ||
value of the residence homestead made by the charitable | ||
organization as of the date the donation is made. | ||
(b-1) A disabled veteran who has a disability rating of less | ||
than 100 percent is entitled to an exemption from taxation of a | ||
portion of the appraised value of the disabled veteran's residence | ||
homestead equal to the dollar amount of a donation made to the | ||
disabled veteran by a charitable organization for the purpose of | ||
purchasing the residence homestead if the donation is used by the | ||
disabled veteran for that purpose. | ||
(c) The surviving spouse of a disabled veteran who qualified | ||
for an exemption under Subsection (b) or (b-1) of a percentage or a | ||
portion of the appraised value of the disabled veteran's residence | ||
homestead when the disabled veteran died is entitled to an | ||
exemption from taxation of the same percentage or portion of the | ||
appraised value of the same property to which the disabled | ||
veteran's exemption applied if: | ||
(1) the surviving spouse has not remarried since the | ||
death of the disabled veteran; and | ||
(2) the property: | ||
(A) was the residence homestead of the surviving | ||
spouse when the disabled veteran died; and | ||
(B) remains the residence homestead of the | ||
surviving spouse. | ||
(e) An eligible disabled veteran may not receive an | ||
exemption of both a percentage and a portion of the appraised value | ||
of the residence homestead under Subsections (b) and (b-1), but may | ||
choose either. | ||
SECTION 3. Subchapter B, Chapter 11, Tax Code, is amended by | ||
adding Section 11.1815 to read as follows: | ||
Sec. 11.1815. CHARITABLE ORGANIZATIONS BUILDING RESIDENCE | ||
HOMESTEADS FOR DISABLED VETERANS. (a) A charitable organization is | ||
entitled to an exemption from taxation of real property it owns if | ||
the organization: | ||
(1) is exempt from federal income taxation under | ||
Section 501(a), Internal Revenue Code of 1986, as an organization | ||
described by Section 501(c)(3) of that code; and | ||
(2) owns the property for the purpose of building a | ||
single-family residence on the property to donate to a disabled | ||
veteran at no cost to the disabled veteran as provided by Section | ||
11.132(b)(1), or at some cost to the disabled veteran as provided by | ||
Section 11.132(b)(2). | ||
(b) Property may not be exempted under Subsection (a) after | ||
the third anniversary of the date the charitable organization | ||
acquires the property. | ||
(c) For the purposes of Subsection (d), the chief appraiser | ||
shall determine the market value of property exempted under this | ||
section and shall record the market value in the appraisal records. | ||
(d) If the charitable organization sells property exempted | ||
under this section to a person other than a disabled veteran through | ||
a donation described by Subsection (a)(2), a penalty is imposed on | ||
the property equal to the amount of the taxes that would have been | ||
imposed on the property in each tax year that the property was | ||
exempted from taxation under this section, plus interest at an | ||
annual rate of seven percent calculated from the dates on which the | ||
taxes would have become due. | ||
(e) The charitable organization and the purchaser of the | ||
property are jointly and severally liable for the penalty and | ||
interest imposed under Subsection (d). A tax lien in favor of all | ||
taxing units for which the penalty is imposed attaches to the | ||
property to secure payment of the penalty and interest. | ||
(f) The chief appraiser shall make an entry in the appraisal | ||
records for the property against which a penalty under Subsection | ||
(d) is imposed and shall deliver written notice of the imposition of | ||
the penalty and interest to the charitable organization and to the | ||
person who purchased the property from that organization. | ||
SECTION 4. The heading to Section 11.436, Tax Code, is | ||
amended to read as follows: | ||
Sec. 11.436. APPLICATION FOR EXEMPTION OF CERTAIN PROPERTY | ||
USED FOR LOW-INCOME HOUSING OR TO BUILD RESIDENCE HOMESTEADS FOR | ||
DISABLED VETERANS. | ||
SECTION 5. Section 11.436(a), Tax Code, is amended to read | ||
as follows: | ||
(a) An organization that acquires property that qualifies | ||
for an exemption under Section 11.181(a), 11.1815(a), or 11.1825 | ||
may apply for the exemption for the year of acquisition not later | ||
than the 30th day after the date the organization acquires the | ||
property, and the deadline provided by Section 11.43(d) does not | ||
apply to the application for that year. | ||
SECTION 6. Section 26.111(a), Tax Code, is amended to read | ||
as follows: | ||
(a) If an organization acquires taxable property that | ||
qualifies for and is granted an exemption under Section 11.181(a), | ||
11.1815(a), or 11.182(a) for the year in which the property was | ||
acquired, the amount of tax due on the property for that year is | ||
calculated by multiplying the amount of taxes imposed on the | ||
property for the entire year as provided by Section 26.09 by a | ||
fraction, the denominator of which is 365 and the numerator of which | ||
is the number of days in that year before the date the charitable | ||
organization acquired the property. | ||
SECTION 7. The heading to Section 26.1127, Tax Code, is | ||
amended to read as follows: | ||
Sec. 26.1127. CALCULATION OF TAXES ON [ |
||
HOMESTEAD OF DISABLED VETERAN OR SURVIVING SPOUSE OF DISABLED | ||
VETERAN DONATED BY OR PURCHASED WITH DONATION FROM CHARITABLE | ||
ORGANIZATION. | ||
SECTION 8. This Act applies only to ad valorem taxes imposed | ||
for an ad valorem tax year that begins on or after the effective | ||
date of this Act. | ||
SECTION 9. This Act takes effect January 1, 2016, but only | ||
if the constitutional amendment proposed by the 84th Legislature, | ||
Regular Session, 2015, authorizing the legislature to provide for | ||
an exemption from ad valorem taxation of part of the market value of | ||
the residence homestead of a partially disabled veteran or the | ||
surviving spouse of a partially disabled veteran if the residence | ||
homestead was donated to the partially disabled veteran by a | ||
charitable organization for less than the market value of the | ||
residence homestead or if the charitable organization donated all | ||
or part of the purchase price of the residence homestead to the | ||
partially disabled veteran and harmonizing certain related | ||
provisions of the Texas Constitution is approved by the voters. If | ||
that amendment is not approved by the voters, this Act has no | ||
effect. |