Toth Bill Swaps The 10% Homestead Cap For Inflation

The text as introduced · 1,403 words

By: Toth
H.B. No. 963

A BILL TO BE ENTITLED

AN ACT

relating to the limitation on increases in the appraised value of a

residence homestead for ad valorem tax purposes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 23.23, Tax Code, is amended by amending

Subsections (a), (b), and (c) and adding Subsections (a-1), (a-2),

(a-3), (a-4), (a-5), (a-6), (a-7), (a-8), and (c-2) to read as

follows:

(a) The appraised value of a residence homestead for the

first tax year that the owner qualifies the property for an

exemption under Section 11.13 is equal to the market value of the

property. Notwithstanding Section 23.01, the appraised value of

the property for each subsequent tax year until the tax year in

which the limitation provided by this subsection expires is equal

to the appraised value of the property for the preceding tax year as

adjusted by the chief appraiser for the current tax year to reflect

any positive change from the preceding tax year in the purchasing

power of the dollar for consumers in this state [ Notwithstanding

the requirements of Section 25.18 and regardless of whether the

appraisal office has appraised the property and determined the

market value of the property for the tax year, an appraisal office

may increase the appraised value of a residence homestead for a tax

year to an amount not to exceed the lesser of:

[ (1) the market value of the property for the most

recent tax year that the market value was determined by the

appraisal office; or

[ (2) the sum of:

[ (A) 10 percent of the appraised value of the

property for the preceding tax year;

[ (B) the appraised value of the property for the

preceding tax year; and

[ (C) the market value of all new improvements to

the property ].

(a-1) Notwithstanding Subsection (a), if the owner of real

property qualifies the property for an exemption under Section

11.13 and the owner acquired the property as a bona fide purchaser

for value, the purchase price of the property paid by the property

owner is considered to be the market value of the property for the

first tax year that the owner qualifies the property for the

exemption.

(a-2) If the first tax year the property owner qualified the

property for an exemption under Section 11.13 was a tax year before

the 2026 tax year:

(1) the property owner is considered to have qualified

the property for the exemption for the first time in the 2025 tax

year; and

(2) the appraised value of the property as shown on the

2025 appraisal roll is considered to be the market value of the

property for that tax year for purposes of Subsection (a).

(a-3) Subsection (a-1) does not apply to a residence

homestead if:

(1) the purchase was made:

(A) pursuant to a court order;

(B) from a trustee in bankruptcy;

(C) by one co-owner from one or more other

co-owners;

(D) from a spouse or a person or persons within

the first or second degree of lineal consanguinity of one or more of

the purchasers; or

(E) from a governmental entity; or

(2) the chief appraiser determines that the applicant

was not a bona fide purchaser for value under criteria established

by rules adopted by the comptroller for that purpose.

(a-4) To receive a limitation on appraised value under

Subsection (a) computed in accordance with Subsection (a-1), an

owner of the property must apply for the limitation. To apply for

the limitation, the owner must file an application with the chief

appraiser for each appraisal district in which the property subject

to the claimed limitation is located. The application must be filed

not later than the latest date on which the owner may file an

application for an exemption under Section 11.13 on the property

for the year under Section 11.43. The comptroller by rule shall

prescribe the form for the application to ensure that the applicant

provides the information necessary to determine the applicant's

eligibility for the limitation, including the purchase price of the

property paid by the applicant.

(a-5) An application filed with a chief appraiser under

Subsection (a-4) is confidential and not open to public inspection.

The application and the information it contains may not be

disclosed to another person other than an employee of the appraisal

district who appraises property, except as provided by Subsection

(a-6).

(a-6) Information that is confidential under Subsection

(a-5) may be disclosed:

(1) in a judicial or administrative proceeding under a

lawful subpoena;

(2) to a purchaser, grantee, seller, or grantor named

in the application or in the deed to which the application applies

or to a representative of the purchaser, grantee, seller, or

grantor under a written authorization signed by the purchaser,

grantee, seller, or grantor;

(3) to the comptroller or to an assessor for a taxing

unit in which the property described in the application is located;

(4) in a judicial or administrative proceeding related

to real property taxation:

(A) to which the purchaser, grantee, seller, or

grantor is a party;

(B) to which an owner of the property described

in the application is a party; or

(C) by the appraisal district for the purpose of

establishing a value of the property or of providing evidence of

comparable sales to appraise another property;

(5) for statistical purposes if the information is

provided in a form that does not identify a specific property or

specific purchaser, grantee, seller, or grantor;

(6) if and to the extent that the information is

required to be included in a public document or record that the

appraisal office is required to prepare or maintain; or

(7) to a taxing unit or its legal representative that

is engaged in the collection of delinquent taxes on the property

described in the application.

(a-7) Information that is disclosed under Subsection (a-6)

does not lose its confidential character.

(a-8) For each tax year, using the index that the

comptroller considers to most accurately report changes in the

purchasing power of the dollar for consumers in this state, the

comptroller shall determine and publicize the percentage by which

the appraised value of residence homesteads may be increased under

Subsection (a). Each chief appraiser shall use the percentage

determined by the comptroller under this subsection to determine

the appraised value under Subsection (a) of residence homesteads

appraised by that chief appraiser.

(b) When appraising a residence homestead, the chief

appraiser shall:

(1) appraise the property at its market value; and

(2) include in the appraisal records both the market

value of the property and the amount computed under Subsection (a)

[ (a)(2) ].

(c) The limitation provided by Subsection (a) takes effect

as to a residence homestead on January 1 of the first tax year

[ following the first tax year ] the owner qualifies the property for

an exemption under Section 11.13. The limitation expires on

January 1 of the first tax year that neither the owner of the

property when the limitation took effect nor the owner's spouse or

surviving spouse qualifies for an exemption under Section 11.13.

(c-2) Notwithstanding Subsection (c), a limitation

established under Subsection (a) does not expire if a change in

ownership of the property occurs by inheritance or under a will as

long as the person who acquires the property qualifies for an

exemption under Section 11.13.

SECTION 2. Sections 23.23(e), (f), and (g), Tax Code, are

repealed.

SECTION 3. This Act applies only to ad valorem taxes imposed

for a tax year beginning on or after the effective date of this Act.

SECTION 4. This Act takes effect January 1, 2026, but only

if the constitutional amendment proposed by the 89th Legislature,

Regular Session, 2025, authorizing the legislature to provide that

the appraised value of a residence homestead for ad valorem tax

purposes for the first tax year that the owner of the property

qualifies the property for a residence homestead exemption is the

market value of the property and that, if the owner purchased the

property, the purchase price of the property is considered to be the

market value of the property for that tax year and to limit

increases in the appraised value of the homestead for subsequent

tax years based on the inflation rate is approved by the voters. If

that amendment is not approved by the voters, this Act has no

effect.