86R4664 TJB-F
 
  By: Kolkhorst S.B. No. 540
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the period for which a property owner may receive a
  residence homestead exemption from ad valorem taxation for property
  that is rendered uninhabitable or unusable as a result of a
  disaster.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.135, Tax Code, is amended by amending
  Subsection (a) and adding Subsection (a-1) to read as follows:
         (a)  If a qualified residential structure for which the owner
  receives an exemption under Section 11.13 is rendered uninhabitable
  or unusable by a casualty or by wind or water damage, the owner may
  continue to receive the exemption for the structure and the land and
  improvements used in the residential occupancy of the structure
  while the owner constructs a replacement qualified residential
  structure on the land if the owner does not establish a different
  principal residence for which the owner receives an exemption under
  Section 11.13 during that period and intends to return and occupy
  the structure as the owner's principal residence.  To continue to
  receive the exemption, the owner must begin active construction of
  the replacement qualified residential structure or other physical
  preparation of the site on which the structure is to be located not
  later than the first anniversary of the date the owner ceases to
  occupy the former qualified residential structure as the owner's
  principal residence.  
         (a-1)  An [The] owner may not receive an [the] exemption
  under Section 11.13 for [that] property under the circumstances
  described by Subsection (a) [this subsection] for more than:
               (1)  five years if:
                     (A)  the property is located in an area declared
  to be a disaster area by the governor following a disaster; and
                     (B)  the residential structure located on the
  property is rendered uninhabitable or unusable as a result of the
  disaster; or
               (2)  two years if Subdivision (1) does not apply.
         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, 2019.