SWB H.B. 1773 75(R)BILL ANALYSIS

WAYS & MEANS
H.B. 1773
4-11-97
Committee Report (Unamended)

BACKGROUND 

Article VIII (Taxation and Revenue), Texas Constitution, Section 1-b,
provides for an exemption from ad valorem taxation for the owner of a
residence homestead.  The principal qualifications for a general residence
homestead exemption are that a person must own the property, it must be
designed or adapted for human habitation, and a qualified owner must
occupy the property as a principal residence.  Additional qualifications
apply for over-65 and disabled persons' homestead exemptions. 

Currently, the possibility exists for co-owners of property to claim
multiple exemptions.  It is also difficult to prosecute a person who
falsely claims entitlement to more than one homestead or misrepresents his
or her qualifications. 

PURPOSE

The bill clarifies that no owner of the property for which a residence
homestead is claimed may claim a residence homestead for any other
property.  The bill also requires an applicant to make a sworn statement
under oath that the application is true and correct.  

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(h), Tax Code (Residence Homestead), by
prohibiting a person from receiving an exemption under this section for
more than one residence homestead in the same year. 

SECTION 2.Amends Section 11.41, Tax Code (Partial Ownership of Exempt
Property), to provide that the exemption for partial ownership of property
shall be calculated by requiring the exemption to be multiplied by a
fraction, calculated as the numerator being the value of the property
interest the person owns and the denominator being the value of the
property.  Strikes language calculating the exemption based on the value
of the property interest for a person who is not the sole owner as
provided by Section 11.13, Tax Code (Residence Homestead), or 11.22, Tax
Code (Disabled Veterans).  Makes conforming and nonsubstantive changes. 

SECTION 3.Amends Section 11.43, Tax Code (Application for Exemption), by
adding Subsection (j) to provide that an application for an exemption
under Section 11.13, Tax Code (Residence Homestead), must:  1) list each
owner and each owner's interest of the residence homestead; 2) state that
the applicant does not claim an exemption under that section on another
residence homestead; 3) state that the facts contained in the application
are true; 4) include a sworn statement that the applicant has read and
understands the notice required by Subsection (f). 

SECTION 4. Effective date: January 1, 1998.

SECTION 5. Emergency clause.