Floor Packet Page No. 142
Amend CSHB 4, in Article 2 of the bill, by adding the
following new sections to Article 2, appropriately numbered, and
renumbering subsequent sections of the article appropriately:
SECTION 2.__. Section 11.42(b), Tax Code, is amended to read
as follows:
(b) An exemption authorized by Section 11.11 or by Section
11.13(c) or (d) for an individual 65 years of age or older <of this
code> is effective immediately on qualification for the exemption.
SECTION 2.__. Section 11.13(q), Tax Code, is amended to read
as follows:
(q) The surviving spouse of an individual who qualifies for
<received> an exemption under Subsection (d) for the residence
homestead of a person 65 or older is entitled to an exemption for
the same property from the same taxing unit in an amount equal to
that of the exemption for which <received by> the deceased spouse
qualified if:
(1) the deceased spouse died in a year in which the
deceased spouse qualified for <received> the exemption;
(2) the surviving spouse was 55 or older when the
deceased spouse died; and
(3) the property was the residence homestead of the
surviving spouse when the deceased spouse died and remains the
residence homestead of the surviving spouse.
SECTION 2.__. Section 11.26, Tax Code, is amended by adding
Subsections (j), (k), and (l) to read as follows:
(j) If an individual who qualifies for the exemption
provided by Section 11.13(c) for an individual 65 years of age or
older dies, the surviving spouse of the individual is entitled to
the limitation applicable to the residence homestead of the
individual if:
(1) the surviving spouse is 55 years of age or older
when the individual dies; and
(2) the residence homestead of the individual:
(A) is the residence homestead of the surviving
spouse on the date that the individual dies; and
(B) remains the residence homestead of the
surviving spouse.
(k) If the individual who qualifies for an exemption
provided by Section 11.13(c) for an individual 65 years of age or
older dies in the year in which the person turned 65 years of age,
except as provided by Subsection (i), the amount to which the
surviving spouse's school district taxes are limited under
Subsection (g) is the amount of school district taxes imposed on
the residence homestead in that year calculated under Section
26.112 as if the individual qualifying for the exemption had lived
for the entire year.
(l) If in the first tax year after the individual died, the
amount of school district taxes imposed on the residence homestead
of the surviving spouse is less than the amount of school district
taxes imposed in the preceding year as limited by Subsection (h),
in a subsequent tax year the surviving spouse's school district
taxes on that residence homestead are limited to the taxes imposed
by the district in that first tax year.
SECTION 2.__. Section 11.43, Tax Code, is amended by
amending Subsection (d) and adding Subsection (j) to read as
follows:
(d) Except as provided by Subsection (j), a <A> person
required to claim an exemption must file a completed exemption
application form before May 1 and must furnish the information
required by the form. For good cause shown the chief appraiser may
extend the deadline for filing an exemption application by written
order for a single period not to exceed 60 days.
(j) A person who qualifies for the exemption authorized by
Section 11.13(c) or (d) for an individual 65 years of age or older
for a portion of a tax year shall notify the chief appraiser of the
person's qualification for the exemption no later than the first
anniversary of the date the person qualified for the exemption.
SECTION 2.__. Section 26.10, Tax Code, is amended to read as
follows:
Sec. 26.10. PRORATING TAXES--LOSS OF EXEMPTION. (a) If the
appraisal roll shows that a property is eligible for taxation for
only part of a year because an exemption, other than a residence
homestead exemption, applicable on January 1 of that year
terminated during the year, the tax due against the property is
calculated by multiplying the tax due for the entire year as
determined as provided by Section 26.09 of this code by a fraction,
the denominator of which is 365 and the numerator of which is the
number of days the exemption is not applicable.
(b) If the appraisal roll shows that a property is eligible
for taxation at its full appraised value for only part of a year
because a residence homestead exemption for an individual 65 years
of age or older applicable on January 1 of that year terminated
during the year, the tax due against the property is calculated by:
(1) subtracting from:
(A) the amount of the taxes that otherwise would
be imposed on the residence homestead for the entire year had the
individual not qualified for the residence homestead exemption on
January 1;
(B) the amount of the taxes that otherwise would
be imposed on the residence homestead for the entire year had the
individual qualified for the residence homestead exemption for the
entire year;
(2) multiplying the remainder determined under
Subdivision (1) by a fraction, the denominator of which is 365 and
the numerator of which is the number of days that elapsed after the
date the exemption terminated; and
(3) adding the product determined under Subdivision
(2) and the amount described by Subdivision (1)(B).
SECTION 2.__. Chapter 26, Tax Code, is amended by adding
Section 26.112 to read as follows:
Sec. 26.112. PRORATING TAXES--QUALIFICATION BY ELDERLY
PERSON FOR 65 OR OVER RESIDENCE HOMESTEAD EXEMPTION. If an
individual qualifies for the exemption under Section 11.13(c) or
(d) for an individual 65 years of age or older after the beginning
of a tax year, the amount of the taxes due on the residence
homestead of the individual for the tax year is calculated by:
(1) subtracting:
(A) the amount of the taxes that otherwise would
be imposed on the residence homestead for the entire year had the
individual qualified for the residence homestead exemption on
January 1; from
(B) the amount of the taxes that otherwise would
be imposed on the residence homestead for the entire year had the
individual not qualified for the residence homestead exemption;
(2) multiplying the remainder determined under
Subdivision (1) by a fraction, the denominator of which is 365 and
the numerator of which is the number of days that elapsed prior to
the date that the individual qualified for the exemption; and
(3) adding the product determined under Subdivision
(2) and the amount described by Subdivision (1)(A).