Texas Register Preamble

The Comptroller of Public Accounts proposes new §9.416, concerning continuation of residence homestead exemption while a replacement structure is constructed. Tax Code, §11.135(g) authorizes the comptroller to adopt rules to implement the section. The proposed new rule provides guidance to local chief appraisers on the steps to follow when a taxpayer who was granted a continuance fails to satisfy the statutory conditions for the continuation.

The proposed new rule implements certain provisions of House Bill 770, 81st Legislature, 2009, effective January 1, 2010. Section 2 of the bill describes the conditions under which a residence homestead exemption may be continued for a residence homestead rendered uninhabitable or unusable by a casualty or by wind or water damage. The bill also provides a time limit for completing a replacement structure and for disallowing the exemption if the property is sold before the replacement structure is completed.

John Heleman, Chief Revenue Estimator, has determined that for the first five-year period the rule will be in effect, there will be no significant revenue impact on the state or units of local government.

Mr. Heleman also has determined that for each year of the first five years the rule is in effect, the public benefit anticipated as a result of enforcing the proposed new rule would benefit the public by improving the administration of local property valuation and taxation. The proposed amendment would have no fiscal impact on small businesses. There is no significant anticipated economic cost to individuals who are required to comply with the proposed rule.

Comments on the proposal may be submitted to Deborah Cartwright, Director, Property Tax Assistance Division, P.O. Box 13528, Austin, Texas 78711-3528.

The new section is proposed under Tax Code, §11.135(g) which allows the comptroller to adopt rules concerning the continuance of the exemption under Tax Code, §11.135.

The new section implements Tax Code, §11.135.

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