By: Moncrief S.B. No. 292
A BILL TO BE ENTITLED
AN ACT
1-1 relating to an absence from a residence as it relates to the
1-2 homestead exemption.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (l), Section 11.13, Property Tax Code,
1-5 is amended to read as follows:
1-6 (l) (1) A qualified residential structure does not lose its
1-7 character as a residence homestead when the owner who qualifies for
1-8 the exemption temporarily stops occupying it as a principal
1-9 residence if that owner does not establish a different principal
1-10 residence and intends to return and occupy the structure as his
1-11 principal residence.
1-12 (2) A qualified residential structure does lose its
1-13 character as a residence homestead when the owner who qualifies for
1-14 the exemption stops occupying the structure as his principal
1-15 residence for a continuous period of two years or more. A property
1-16 owner who is under the medical care of a nursing home or of family
1-17 members or who is absent due to active military service may remain
1-18 absent from the structure indefinitely without losing the exemption
1-19 on the property.
1-20 (3) The governing body of a taxing unit may petition
1-21 the assessor and collector for the taxing unit to examine whether a
1-22 qualified residential structure should lose its character as a
1-23 residence homestead when a property owner stops occupying the
2-1 structure as his principal residence for a continuous period of two
2-2 years or more.
2-3 SECTION 2. (a) This Act takes effect September 1, 1995.
2-4 (b) The change in law made by this Act applies only to a
2-5 homestead exemption claimed on or after that date. Periods in
2-6 which a property owner did not occupy the residential structure for
2-7 which the exemption is claimed as his principal residence prior to
2-8 the effective date of this Act shall not be considered in
2-9 determining the character of the structure as a residence homestead
2-10 under Subdivision (2), Subsection (l), Section 11.13, Tax Code, as
2-11 added by this Act.
2-12 SECTION 3. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended.