The text as introduced · 401 words
90R3547 SZA-D
By: Wharton
H.B. No. 885
A BILL TO BE ENTITLED
AN ACT
relating to the exclusion from the market value of real property for
ad valorem tax purposes of the value of any improvement, or any
feature incorporated in an improvement, made to the property if the
primary purpose of the improvement or feature is compliance with
the requirements of standards that address accessible design of
buildings or other facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 23, Tax Code, is amended by
adding Section 23.015 to read as follows:
Sec. 23.015. EXCLUSION OF VALUE OF IMPROVEMENT MADE TO
COMPLY WITH ACCESSIBILITY STANDARDS. In determining the market
value of real property, the chief appraiser shall exclude from that
value the value of any improvement, or any feature incorporated in
an improvement, made to the property if the primary purpose of the
improvement or feature is compliance with the requirements of the
2010 Americans with Disabilities Act Standards for Accessible
Design or any successor standards that address accessible design of
buildings or other facilities and are promulgated under the
Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et
seq.).
SECTION 2. This Act applies only to the determination of the
market value of real property for ad valorem tax purposes for a tax
year that begins on or after the effective date of this Act.
SECTION 3. The change in law made by this Act applies to an
improvement, or a feature incorporated in an improvement, described
by Section 23.015, Tax Code, as added by this Act, made to real
property only if the improvement is made to the property, or the
feature is incorporated in an improvement made to the property, on
or after January 1, 2027.
SECTION 4. This Act takes effect January 1, 2028, but only
if the constitutional amendment proposed by the 90th Legislature,
Regular Session, 2027, to authorize the legislature to exclude from
the market value of real property for ad valorem tax purposes the
value of any improvement, or any feature incorporated in an
improvement, made to the property if the primary purpose of the
improvement or feature is compliance with the requirements of
standards that address accessible design of buildings or other
facilities is approved by the voters. If that amendment is not
approved by the voters, this Act has no effect.
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