JWB S.B. 1437 75(R)BILL ANALYSIS


WAYS & MEANS
S.B. 1437
By: Wentworth, et al. (Greenberg)
5-5-97
Committee Report (Unamended)



BACKGROUND 

Current law allows persons aged 65 or over to receive a residence
homestead exemption.  If that person dies, a surviving spouse aged 55 or
older is entitled to receive the same exemption. Once a person turns 65,
however, the exemption may not be granted until January 1 of the
subsequent tax year.   

PURPOSE

The bill would grant immediate qualification for a residence homestead
exemption to a qualifying person who turns 65, and requires that all
persons receiving the age 65 or older residence homestead tax exemption be
taxed on a prorated amount in the year the person initially qualifies for
the exemption.  The bill also provides qualifications for a surviving
spouse to receive the exemption granted to a qualifying person over 65. 

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 11.42(b), Tax Code (Exemption Qualification
Date), by adding that an exemption authorized by Section 11.13(c) or (d)
Tax Code (Residence Homestead), for an individual 65 or over is effective
immediately on qualification for the exemption. 

SECTION 2.Amends Section 11.13(q), Tax Code (Residence Homestead), by
replacing the word "received" with the words "qualified for." 
  
SECTION 3.Amends Section 11.26, Tax Code (Limitation of School Tax on
Homesteads of Elderly), by adding Subsections (g), (h), and (i) as
follows: 

(g) provides that the surviving spouse of an individual who received an
exemption under Section 11.13(c), Tax Code (Residence Homestead), is
entitled to the limitation if:  1) the surviving spouse is 55 years or
older when the individual dies; 2) the residence homestead of the
individual is the residence homestead of the surviving spouse on the date
the individual dies and remains the residence homestead of the surviving
spouse. 

(h) provides that if an individual who received an exemption under Section
11.13(c), Tax Code (Residence Homestead), dies in the year in which the
individual turns 65 years of age, except as provided by Subsection (i),
the surviving spouse's school district taxes are limited under Subsection
(g), as the amount of school district taxes imposed on the residence
homestead in that year calculated under Section 26.112 [a new section
created by the bill], as if the deceased individual had lived for the
entire year.  

 (i) provides that if in the first tax year after the individual died, the
amount of school district taxes imposed on the surviving spouse is less
that the amount imposed in the preceding year as limited by Subsection
(h), then in a subsequent tax year the surviving spouse's school district
taxes are limited to the taxes imposed in that first tax year.  

SECTION 4.Amends Section 11.43, Tax Code (Application for Exemption), by
amending Subsection (d) and adding Subsection (j) as follows: 

(d) adds the words "Except as provided by Subsection (j)" to the beginning
of the subsection. 

(j) provides a notification deadline to the chief appraiser for a person
who qualifies for a portion of a tax year for the exemption authorized by
Section 11.13(c) or (d) for an individual age  65 years or older. 

SECTION 5.Amends Section 26.10, Tax Code (Prorating Taxes--Loss of
Exemption), by providing a formula for determining property tax due when
an exemption is terminated during a tax year.  

SECTION 6.Amends Chapter 26, Tax Code (Assessment), by adding Section
26.112. 

Sec.  26.112.  PRORATING TAXES--QUALIFICATION BY ELDERLY PERSON FOR 65 AND
OLDER RESIDENCE HOMESTEAD EXEMPTION. Provides a formula for calculating
the residence homestead taxes of a qualifying person after the beginning
of a tax year: subtracting the amount of taxes that otherwise would be
imposed for the entire year had the individual qualified for the emption
on January 1 from the amount of taxes that would otherwise be imposed for
the entire year had the individual not qualified for the exemption;
multiplying the remainder 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 the exemption terminated; adding the product and the amount of taxes
that otherwise would be imposed for the entire year had the individual
qualified for the exemption on January 1. 

SECTION 7.  Section 5 of this Act takes effect January 1, 1998.

SECTION 8.Emergency clause.  Effective date upon passage.