(a) Definitions.
Disabled.
Has the same meaning as set forth in the Texas Tax Code section
11.13(m)(1), as it currently exists or may be amended.
Residence homestead.
Has the same meaning as set forth in the Texas Tax Code section
11.13(j)(1), as it currently exists or may be amended.
Tax code.
The Texas Tax Code, as it currently exists or may be amended.
(b) Established.
There is hereby created and established
a tax freeze on the amount of property taxes imposed by the city on
the homesteads of disabled individuals or individuals age sixty-five
or older, which shall be governed by section 11.261 of the Tax Code,
as follows:
(1) The tax freeze shall become effective beginning with the 2011 tax
year and shall remain effective for each successive tax year until
otherwise amended or repealed by the city council or other authorized
authority.
(2) The total amount of ad valorem taxes imposed on the residence homesteads
of a person who qualified that residence homestead for the exemption
in accordance with the Tax Code as that of a person who is disabled
or is sixty-five years of age or older shall not be increased while
it remains the residence homestead of this person or that person’s
spouse who is disabled or fifty-five years of age or older.
(3) If the person who is disabled or sixty-five years of age or older
dies in a year in which the person received a residence homestead
exemption, the total amount of ad valorem taxes imposed on the residence
homestead shall not be increased while it remains the residence homestead
of that person’s surviving spouse if:
(A) The surviving spouse is fifty-five years of age or older at the time
of the person’s death;
(B) The residence homestead of the deceased person is also the residence
homestead of the surviving spouse on the date of the person’s
death; and
(C) The residence homestead remains the residence homestead of the surviving
spouse.
(4) Notwithstanding anything contained herein, taxes on the residence
homestead may be increased to the extent the value of the homestead
is increased by improvements other than repairs and other than improvements
made to comply with governmental requirements.
(5) A person may not receive the tax freeze for more than one residence
homestead, no matter where located, in the same year. A person may
designate a new residence homestead within the city in accordance
with the Tax Code.
(6) The limitation on taxes provided by this section may expire in accordance
with section 11.261(d) of the Tax Code. If a tax limitation is erroneously
allowed, back taxes may be assessed in accordance with section 11.261(e)
of the Tax Code.
(Ordinance 2010-005 adopted 4/20/10)