Texas Register Preamble

The Comptroller of Public Accounts proposes amendments to §9.416 concerning continuation of a residence homestead exemption while a replacement structure is constructed. The eligibility time for a property that is rendered uninhabitable or unstable as a result of a disaster is addressed and updated. The proposed amendments implement Senate Bill 443, 86th Legislature, 2019.

In subsection (a), the comptroller proposes amendments to update and revise the period of time allowed for continuing homestead exemptions for property damaged by a calamity or by wind or water damage as permitted under Tax Code, §11.135(a-1).

The comptroller also proposes to remove current subsection (b) and renumber current subsection (c) to (b).

Tom Currah, Chief Revenue Estimator, has determined that during the first five years that the proposed amendments are in effect, the amendments: will not create or eliminate a government program; will not require the creation or elimination of employee positions; will not require an increase or decrease in future legislative appropriations to the agency; will not require an increase or decrease in fees paid to the agency; will not increase or decrease the number of individuals subject to the rules' applicability; and will not positively or adversely affect this state's economy. This proposal amends current rules.

Mr. Currah also has determined that the proposed amendments would have no significant fiscal impact on the state government, units of local government, or individuals. The proposed amendments would benefit the public by improving the administration of local property valuation and taxation. There would be no anticipated significant economic cost to the public. The proposed amendments would have no significant fiscal impact on small businesses or rural communities.

You may submit comments on the proposal to Korry Castillo, Director, Property Tax Assistance Division, P.O. Box 13528, Austin, Texas 78711 or to the email address: ptad.rulecomments@cpa.texas.gov. The comptroller must receive your comments no later than 30 days from the date of publication of the proposal in the Texas Register.

This amendment is proposed under Tax Code, §11.135 (Continuation of Residence Homestead Exemption While Replacement Structure Is Constructed; Sale of Property), which requires the comptroller to adopt rules to implement this section.

This rule implements Tax Code, §11.135.

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