SB467 - Relating to a temporary exemption from ad valorem taxation of the appraised value of an improvement to a residence homestead that is completely destroyed by a fire.

      S.B. No. 467         AN ACT   relating to a temporary exemption from ad valorem taxation of the   appraised value of an improvement to a residence homestead that is   completely destroyed by a fire.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 11, Tax Code, is amended by   adding Section 11.351 to read as follows:           Sec.   11.351.     TEMPORARY EXEMPTION FOR IMPROVEMENT TO   RESIDENCE HOMESTEAD DESTROYED BY FIRE. (a)   In this section,   "residence homestead" has the meaning assigned by Section 11.13.           (b)     A person is entitled to an exemption from taxation by a   taxing unit in an amount determined under Subsection (d) of the   appraised value of an improvement to the person's residence   homestead that:                 (1)  is completely destroyed by a fire;                 (2)     is a habitable dwelling immediately before the   date the fire occurs; and                 (3)     remains uninhabitable for at least 30 days after   the date the fire occurs.           (c)     A person is entitled to an exemption provided by this   section only for the tax year in which the fire occurs.           (d)     The amount of the exemption authorized by this section   is calculated by multiplying the appraised value of the improvement   for the tax year in which the fire occurs by a fraction, the   denominator of which is 365 and the numerator of which is the number   of days remaining in the tax year after the date on which the fire   occurs.           (e)     A property owner must submit an application for an   exemption authorized by this section to the chief appraiser of the   appraisal district in which the improvement that is the subject of   the application is located not later than the 180th day after the   date the fire occurs.           (f)     On receipt of an application under Subsection (e), the   chief appraiser shall determine whether the improvement that is the   subject of the application qualifies for the exemption authorized   by this section.   In determining whether an improvement qualifies   for the exemption authorized by this section, the chief appraiser   may rely on information provided by any other source the chief   appraiser considers appropriate, including a county fire marshal or   an insurance adjuster.           (g)     If a person becomes entitled to the exemption authorized   by this section after the amount of tax due on the property is   calculated and the effect of the qualification is to reduce the   amount of the tax due on the property, the assessor for each   applicable 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 person in whose name the   property is listed on the tax roll or to the person's authorized   agent.   If the tax on the property has been paid, the tax collector   for the taxing unit shall refund to the person who paid the tax the   amount by which the payment exceeded the tax due.          SECTION 2.  The change in law made by this Act applies only   to an ad valorem tax year that begins on or after the effective date   of this Act.          SECTION 3.  This Act takes effect January 1, 2026, but only   if the constitutional amendment proposed by the 89th Legislature,   Regular Session, 2025, to authorize the legislature to provide for   a temporary exemption from ad valorem taxation of the appraised   value of an improvement to a residence homestead that is completely   destroyed by a fire is approved by the voters.  If that amendment is   not approved by the voters, this Act has no effect.               ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 467 passed the Senate on   April 29, 2025, by the following vote: Yeas 31, Nays 0; and that   the Senate concurred in House amendment on May 30, 2025, by the   following vote: Yeas 31, Nays 0.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 467 passed the House, with   amendment, on May 27, 2025, by the following vote: Yeas 140,   Nays 0, two present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor