H.B. No. 1127
1-1 AN ACT
1-2 relating to the exemption from ad valorem taxation of the residence
1-3 homestead of the surviving spouse of an elderly person.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.13, Tax Code, is amended by adding
1-6 Subsections (q) and (r) to read as follows:
1-7 (q) The surviving spouse of an individual who received an
1-8 exemption under Subsection (d) for the residence homestead of a
1-9 person 65 or older is entitled to an exemption for the same
1-10 property from the same taxing unit in an amount equal to that of
1-11 the exemption received by the deceased spouse if:
1-12 (1) the deceased spouse died in a year in which the
1-13 deceased spouse received the exemption;
1-14 (2) the surviving spouse was 55 or older when the
1-15 deceased spouse died; and
1-16 (3) the property was the residence homestead of the
1-17 surviving spouse when the deceased spouse died and remains the
1-18 residence homestead of the surviving spouse.
1-19 (r) An individual who receives an exemption under Subsection
1-20 (d) is not entitled to an exemption under Subsection (q).
1-21 SECTION 2. This Act takes effect January 1, 1996, and
1-22 applies only to taxes imposed for tax years beginning on or after
1-23 that date, but only if the constitutional amendment proposed by the
1-24 74th Legislature, Regular Session, 1995, exempting from ad valorem
2-1 taxation the residence homestead of the surviving spouse of an
2-2 elderly person is approved by the voters. If that amendment is not
2-3 approved by the voters, this Act has no effect.
2-4 SECTION 3. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended.