BILL ANALYSIS C.S.H.B. 1127 By: Hamric March 22, 1995 Committee Report (Substituted) BACKGROUND Presently, Section 11.13, Tax Code, limits the school district portion of ad valorem taxes for persons who are 65 or older for their residence homesteads. The total amount of school district taxes are limited to the amount in the first year of eligibility. The Texas Constitution provides that in the event of death, if the surviving spouse is at least 55 years old, the surviving spouse continues to qualify for the school district tax limitation. However, other taxing units that elect to offer an exemption to elderly people cannot exempt a surviving spouse that is over 55. PURPOSE The bill extends the amount of tax exemption on a residence homestead of an elderly person to a surviving spouse that is over 55. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 11.13, Tax Code, by adding Subsections (q) and (r). (q) Extends the over 65 property tax exemption under Section 11.13(d) to a surviving spouse that is over 55. The exemption is an equal amount to the deceased spouse's tax exemption. (r) Prohibits an individual from claiming the over 65 exemption and the surviving spouse exemption. SECTION 2. Effective Date: January 1, 1996. This Act applies only to tax years beginning on or after that date, and only if the constitutional amendment relating to this Act is approved by the voters. SECTION 3. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The original bill, H.B. 1127, would extend tax limitations on the residence homestead of a person that is over 65 to all taxing units. This limitation would then be passed on to a surviving spouse that is over 55 (similar to the current school tax limitation). C.S.H.B. 1127, would pass on the current amount of exemptions that a person over 65 receives on their residence homestead to the surviving spouse if that person is over 55. SUMMARY OF COMMITTEE ACTION Public notice was posted in accordance with the rules, and a public hearing was held on February 28, 1995. Representative Hamric explained the bill. Without objection, H.B. 1127 was left pending before the committee. On March 14, 1995, the committee met in a public hearing. Representative Hamric explained the substitute. Without objection, the committee adopted C.S.H.B. 1127, by Craddick. By a record vote of 8 ayes, 0 nays, 0 present not voting and 3 absent, the committee voted to report H.B. 1127 to the House as substituted with the recommendation that it do pass. Testimony received in favor of the bill: Alice J. Bixby, representing herself George H. Moff, representing himself (substituted version) Leonard Spearman, representing Harris Cty. Judge, Robert Eckels Neutral testimony received on the bill: Jim Robinson, representing the Harris Cty. Appraisal Dist. Dan Wilson, representing the Comptroller of Public Accounts-Property Tax Division