SRC-HRD S.B. 1437 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1437
By: Wentworth
Finance
4-15-97
As Filed


DIGEST 

The 74th Legislature enacted legislation that allowed a surviving spouse
age 55 or older of an individual age 65 or older who received a residence
homestead exemption for those persons age 65 or older to continue to
receive that residence homestead exemption.  This exemption applied only
if the death of the spouse age 65 or older occurred during a year in which
the exemption was received.  Exemptions generally are not "received" until
the January 1, following the qualifying event, i.e., turning 65.   

Nonetheless, that legislation did not address the issue of whether a
surviving spouse age 55 or older would qualify for an exemption if the
deceased spouse died after attaining age 65 but before the January 1 of
the following year.  There are concerns that this could create a hardship
situation because of an expected tax exemption and then cannot take
advantage of that exemption because of the death of the other spouse after
attaining the qualification age of 65 but not the "receipt date" of the
exemption, which is following January 1. 

This bill would modify the definition of "receiving" an exemption for a
person age 65 or older from the January 1 following the qualification for
the exemption to immediately upon qualification, and allows the widow of a
person who was qualified for the "65 and older" homestead exemption, or
"freeze," on school property taxes to benefit from that exemption.  S.B.
1437 sets forth additional amendments to current law regarding exemptions
for a person age 65 or older. 

PURPOSE

As proposed, S.B. 1437 to provide exemptions from and limitations on ad
valorem taxes on the residence homestead of an individual 65 years or
older and the individual's surviving spouse. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 11.42(b), Tax Code, to provide that an exemption
authorized by Section 11.11 or by Section 11.13(c) or (d) for an
individual 65 or over is effective immediately on qualification for the
exemption.  Makes a nonsubstantive change. 

SECTION 2. Amends Section 11.13(q), Tax Code, to provide that the
surviving spouse of an individual who qualifies for an exemption, rather
than 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, rather than received by, the deceased spouse
qualified under certain conditions.  Makes conforming changes. 

SECTION 3. Amends Section 11.26, Tax Code, by adding Subsections (g), (h)
and (i), to set forth provisions applicable if an individual who qualifies
for the exemption provided by Section 11.13(c) for an individual 65 years
or older dies.  Sets forth provisions applicable if the individual who
qualifies for an exemption provided by Section 11.13(c) for an individual
65 years or older dies in the year in which the person turned 65 years of
age, except as provided by Subsection (i).  Sets forth provisions
applicable 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). 

SECTION 4. Amends Section 11.43, Tax Code, by amending Subsection (d) and
adding Subsection (j), to require, except as provided by Subsection (j), a
person required to claim an exemption to file a completed exemption
application form before May 1 and to furnish the information required by
the form.  Requires a person who qualifies for the exemption authorized by
Section 11.13(c) or (d) for an individual 65 years or older for a portion
of a tax year to 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 5. Amends Section 26.10, Tax Code, to set forth the formula for
determining the tax due against property if the appraisal shows that a
property is eligible for taxation at its full appraised value for only
part of a year because a residence homestead for an individual 65 or older
applicable on January 1 of that year terminated during the year.   

SECTION 6. Amends Chapter 26, Tax Code, by adding Section 26.112, as
follows: 

Sec. 26.112.  PRORATING TAXES--QUALIFICATION BY ELDERLY PERSON FOR 65 OR
OVER RESIDENCE HOMESTEAD EXEMPTION.  Sets forth the formula  for
determining the amount of the taxes due on the residence homestead of an
individual who qualifies for the exemption under Section 11.31(c) or (d)
for an individual 65 years or over after the beginning of a tax year. 

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

SECTION 8. Emergency clause.
  Effective date: upon passage.