Texas Property Tax Exemptions
Texas Property Tax Exemptions
Texas Property
Tax Exemptions
Complete and Partial Property
Tax Code Exemptions Available to
Property Owners Who Qualify
April 2020
Tax Code Section 5.05(a) authorizes the Comptroller’s office to prepare and issue publications relating to the appraisal of
property and the administration of taxes as a public service. By publishing this manual, the Comptroller’s office is mak-
ing available an information resource of a general nature regarding the appraisal of property and the administration of
taxes. This publication does not address and is not intended to address all aspects of property appraisal, tax administra-
tion or property tax law. The information contained in this publication neither constitutes nor serves as a substitute for
legal advice. Pursuant to Tax Code Section 5.041(f), the Comptroller’s office may not advise a property owner, a property
owner’s agent or the appraisal district on a protest matter. Questions regarding property appraisal, tax administration, the
meaning or interpretation of statutes, legal requirements and other similar matters should, as appropriate or necessary,
be directed to an attorney or other appropriate counsel.
Texas Property Tax
Table of Contents
Property Tax Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Exemption Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Owner’s Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Heir Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Property’s Qualifications and Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Chief Appraiser Determinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Types of Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Residence Homestead
(Tax Code Section 11.13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Veterans’ Exemptions (Tax Code
Sections 11.131, 11.132, 11.133, 11.22 and 11.23(a)) . . . . . . . . . . . . . . . . . . . . . . . . . 7
Surviving Spouse of First Responder (Tax Code Section 11.134) . . . . . . . . . . . . . . . . . . . 7
Charitable Organizations Generally (Tax Code Section 11.18) . . . . . . . . . . . . . . . . . . . . 8
Community Land Trusts (Tax Code Section 11.1827) . . . . . . . . . . . . . . . . . . . . . . . . . 8
Primarily Charitable Organizations (Tax Code Section 11.184) . . . . . . . . . . . . . . . . . . . . 8
Religious Organizations (Tax Code Section 11.20) . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Private Schools (Tax Code Section 11.21) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Public Property (Tax Code Section 11.11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Appendix A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Tax Code Exemption General Application Provisions . . . . . . . . . . . . . . . . . . . . . . . . 11
Appendix B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Other Property Tax Code Exemption Summaries . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Appendix C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Residence Homestead Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
1
Tex. Tax Code § 11.43(a) 5
Tex. Tax Code § 11.45(a)
2
T
ex. Tax Code §§ 11.43(d), 11.431, 11.433, 11.435, 11.438, 11.439 6
Tex. Tax Code § 41.41(a)(4)
and 11.4391 7
Tex. Tax Code § 41.03(a)(2)
3
Tex. Tax Code § 11.43(d) 8
Tex. Tax Code § 41.03(a)(2)
4
Tex. Tax Code § 11.436 9
Tex. Tax Code § 11.01(a)
10
Tex. Tax Code § 11.43(d) 14
Tex. Tax Code §§ 11.42(b) and 11.436
11
Tex. Tax Code § 11.42 15
Tex. Tax Code §§ 11.141 and 11.42(b)
12
Tex. Tax Code § 11.42 16
Tex. Tax Code §1.04(20)
13
Tex. Tax Code § 11.42 17
Tex. Tax Code §11.43(o)
18
Tex. Tax Code § 11.45
Types of Exemptions
Tax Code exemption requirements are extensive. Property a facility that provides services related to health, infirmity,or
owners should read applicable statutes carefully. The Comp- aging; or to applicants who are certified for participation in
troller’s hardcopy publication annotated Property Tax Code the Attorney General’s Address Confidentiality Program.23
contains the text of the law and notes on significant court cases.
A chief appraiser is prohibited by law from allowing a home-
The following is a short summary of selected exemption pro- stead exemption unless the address on the identification pro-
visions. Appendix B lists other exemptions authorized by the vided corresponds to the address of the property for which
Tax Code. the exemption is claimed. A chief appraiser may waive this
requirement for an active duty U.S. armed services member or
Residence Homestead the spouse of an active duty service member if the application
includes a copy of the military identification card and a copy
(Tax Code Section 11.13) of a utility bill for the residence homestead. A chief appraiser
Most residential exemption court cases concern the owner’s also may waive the requirement if the applicant holds specific
qualifications for the exemption; whether the exemption cov- driver’s license issued for judges and the spouses of judges or
ers specific improvements or amounts of land; or whether the peace officers and includes with the application a copy of the
property is the principal residence of the owner. Appendix C application for that license.24
lists mandatory and local option residence homestead exemp-
Normally the exemption applies to those portions of the
tions, their amounts and the applicable taxing units.
house actually used as a residence, as opposed to business
or other use.25 The homestead includes up to 20 acres of land
General Residence Homestead
and any improvements used for residential purposes.26
Texas law requires school districts to offer a $25,000 exemp-
tion on residence homesteads.19 Any taxing unit, including a The home must be the principal residence of the applicant.
city, county, school district or special district, has the option A qualified homeowner does not lose his or her homestead
of deciding locally to offer a separate residence homestead exemption if the homeowner does not establish a different
exemption of up to 20 percent of a property’s appraised value, principal residence, intends to return and occupy the resi-
but not less than $5,000.20 Counties are also required to of- dence and is temporarily absent for a period of less than two
fer a $3,000 exemption if the county collects farm-to-market years. The law provides that homeowners in military service
roads or flood control taxes.21 inside or outside the United States or in a facility providing
services related to health, infirmity or aging may be away
There are no specific qualifications for the general homestead
from the home longer than two years and still keep the home-
exemption other than the owner has an ownership interest in
stead exemption. The two-year limit does not apply to these
the property and uses the property as the owner’s principal
homeowners.27
residence.22 However, an applicant is required to state that the
applicant does not claim an exemption on another residence-
homestead in or outside of Texas. The application must in-
clude a copy of the applicant’s driver’s license or state identi-
fication card. This requirement does not apply to a resident of
23
Tex. Tax Code § 11.43(j)
19
Tex. Tax Code § 11.13(b) 24
Tex. Tax Code § 11.43(n) and (p)
20
Tex. Tax Code § 11.13(n) 25
Tex. Tax Code § 11.13(k)
21
Tex. Tax Code § 11.13(a) 26
Tex. Tax Code § 11.13(j)(1)
22
Tex. Tax Code § 11.13(j)(1) 27
Tex. Tax Code § 11.13(l)
28
Tex. Tax Code § 11.13(c)
29
Tex. Tax Code § 11.13(d)
30
Tex. Tax Code § 11.13(c) and (d) 37
Tex. Tax Code § 11.26(a), (g) and (i-1)
31
Tex. Tax Code § 11.13(q) 38
Tex. Tax Code § 11.261(a)
32
Tex. Tax Code § 11.13(m)(1) 39
Tex. Const. art. VIII, § 1-b(h)
33
Tex. Tax Code § 11.42(c) 40
Tex. Tax Code § 11.261(g) and (i)
34
Tex. Tax Code § 11.43(o) 41
Tex. Tax Code § 11.432(a)
35
Tex. Tax Code § 11.43(o) 42
Tex. Tax Code § 11.13(o)
36
Tex. Tax Code § 11.13(j)(1)(D) and (j)(2) 43
Tex. Tax Code § 23.19(b)
58
Tex. Tax Code § 11.133
59
Tex. Tax Code § 11.131 64
Tex. Tax Code § 11.23(a)
60
Tex. Tax Code §§ 11.42, 26.10(c) and 26.1125 65
Tex. Tax Code § 11.134
61
Tex. Tax Code § 11.131 66
Tex. Tax Code § 11.18
62
Tex. Tax Code §§ 11.131 67
Tex. Tax Code § 11.18(f)
63
Tex. Tax Code § 11.431 68
Tex. Tax Code § 11.18(e)
To receive the exemption, the trust must meet certain require- Religious Organizations (Tax Code
ments of a charitable organization; own the land for the pur- Section 11.20)
pose of leasing it and selling or leasing housing units located
Places of religious worship and clergy residences owned by
on the land; and engage exclusively in the sale or lease of
qualified religious groups are exempt. Religious organiza-
housing as provided for in the Local Government Code Sec-
tions must be organized and operated primarily for religious
tion 373B.002. The trust must also conduct an annual audit
worship or the spiritual welfare of individuals. The religious
by an independent auditor and report the results of the au-
organization must meet requirements similar to those im-
dit to the local governing body and the chief appraiser. The
posed on charitable and youth organizations.76
property cannot be exempted after the third year on which
the trust acquired the property unless the trust is offering to Generally, if an organization qualifies under this section, it
sell or lease the property or is leasing the property according may exempt property of the following types: actual places
to Local Government Code Chapter 373B.73 of religious worship, personal property used at the place of
worship, residences for clergy and personal property used at
the residences. A religious organization may use its assets in
performing its functions or the functions of another religious
organization.77
69
Tex. Tax Code § 11.18
70
Tex. Tax Code § 11.1827 and Tex. Loc. Gov’t Code § 373B.004 74
Tex. Tax Code § 11.184
71
Tex. Tax Code § 11.1827 75
Tex. Tax Code § 11.184
72
Tex. Tax Code § 11.43(c) 76
Tex. Tax Code § 11.20
73
Tex. Tax Code § 11.1827 77
Tex. Tax Code § 11.20
78
Tex. Tax Code § 11.20
79
Tex. Tax Code § 11.20
80
Tex. Tax Code § 11.20
81
Tex. Tax Code § 11.20(c) 85
Tex. Tax Code § 11.21
82
Tex. Tax Code § 11.21 86
Tex. Tax Code § 11.11
83
Tex. Tax Code § 11.21 87
Tex. Tax Code § 11.11
84
Tex. Tax Code § 11.21 88
Tex. Tax Code § 11.11
89
Tex. Tax Code § 11.11
90
Tex. Tax Code § 11.11
No Application Required
Tax Code Section Exemption
11.11 Public Property
11.12 Federal Exemptions
11.14 Tangible Personal Property Not Producing Income
11.141 Precious Metal Held in Precious Metal Depository
11.145 Income-Producing Tangible Personal Property Having Value Less Than $500
11.146 Mineral Interest Having Value of Less than $500
11.15 Family Supplies
11.16 Farm Products
11.161 Implements of Husbandry
11.25 Marine Cargo Containers Used Exclusively in International Commerce
General Residence
Homestead 11.13(b) School Districts Partial Mandatory $25,000
An amount up to 20
percent of the property’s
General Residence Cities, Counties, School value, but not less than
Homestead 11.13(n) Districts or Special Districts Partial Local Option $5,000
Farm-to-Market
Roads or Flood Mandatory (if
Control (if collected) 11.13(a) Counties Partial collected) $3,000
Age 65 or Older or
Disabled 11.13(c) School Districts Partial Mandatory $10,000
An amount adopted by
Age 65 or Older or Cities, Counties, School the taxing unit, but no
Disabled 11.13(d) Districts or Special Districts Partial Local Option less than $3,000
An amount determined
by the percentage of
Cities, Counties, School service-connected
Disabled Veterans 11.22 Districts and Special Districts Partial Mandatory disability
Disabled
Veterans with An amount determined
Homes Donated by the percentage of
by Charitable Cities, Counties, School service-connected
Organizations 11.132 Districts and Special Districts Partial Mandatory disability
Surviving Spouse of
U.S. Armed Services
Member Killed in Cities, Counties, School 100 percent of the
Action 11.133 Districts and Special Districts Total Mandatory property’s value
Surviving Spouse
of First Responder
Killed or Fatally
Injured in the Line Cities, Counties, School 100 percent of the
of Duty 11.134 Districts and Special Districts Total Mandatory property’s value