AN ORDINANCE OF THE CITY OF BASTROP, TEXAS AMENDING ARTICLE
1.300 OF THE CITY OF BASTROP CODE OF ORDINANCES BY ADOPTING A NEW SECTION
1.304 RELATING TO ESTABLISHMENT OF A LIMIT ON TAXES FOR QUALIFYING INDIVIDUALS
PURSUANT TO ARTICLE 8, SECTION 1-b(h) OF THE TEXAS CONSTITUTION AND
TEXAS TAX CODE SECTION 11.261; REPEALING CONFLICTING PROVISIONS; PROVIDING
A SEVERABILITY CLAUSE, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, effective January 1, 2004, a new amendment
to the Texas Constitution allows a city to limit property taxes for
homeowners who are either disabled or age 65 or older (see Tex. Const.
Art. 8, § 1-b(h)); and
WHEREAS, new Section 11.261 of the Texas Tax Code
implements the Constitutional amendment to provide for the property
"tax limit" or "tax ceiling" for homeowners who
are disabled or age 65 and older; and
WHEREAS, the City Council of the City of Bastrop
finds and determines that it is in the public interest of the citizens
of Bastrop to provide for the limitation on taxes allowed by Const.
Art. 8, § 1-b(h)).
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BASTROP THAT:
SECTION 1: The recitals set forth in the preamble hereof are
incorporated by reference herein and shall have the same force and
effect as if set forth in this Section.
SECTION 2: Article 1.300 "PROPERTY TAXES" of the
City of Bastrop Code of Ordinances is hereby amended and shall provide
as follows:
Section 1.304 Tax Limit for Qualifying Individuals
A. Pursuant to and consistent with the provisions of Tex. Const.
Art. 8, § 1-b(h) and Tex. Tax Code § 11.261, from and after
January 1, 2004, for a person who is disabled or is sixty five (65)
years of age or older who receives a residence homestead exemption
authorized by law, the total amount of ad valorem taxes imposed on
that person's homestead by the City may not be increased while it
remains the residence homestead of that person or that person's spouse
who is disabled or sixty-five (65) years of age or older and receives
a residence homestead exemption on the homestead.
B. The provisions of this Section shall be administered in conformance
with Tex. Const. Art. 8, § 1-b(h) and Tex. Tax Code § 11.261.
If any provision of this Section is deemed to be inconsistent with
state law, state law shall control.
C. If an individual makes improvements to the individual's residence
homestead, other than repairs and other than improvements required
to comply with governmental requirements, the City may increase the
amount of taxes on the homestead in the first year the value of the
homestead is increased on the appraisal roll because of the enhancement
of value by the improvements. The amount of the tax increase is determined
by applying the current tax rate to the difference between the appraised
value of the homestead with the improvements and the appraised value
it would have had without the improvements. A limitation provided
by this section then applies to the increased amount of City taxes
on the residence homestead until more improvements, if any, are made.
D. A limitation on City tax increases provided by this section expires
if on January 1 if:
