1-1 AN ACT
1-2 relating to the residence homestead exemption from ad valorem
1-3 taxation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.13(h), Tax Code, is amended to read as
1-6 follows:
1-7 (h) Joint or community owners may not each receive the same
1-8 exemption provided by or pursuant to this section for the same
1-9 residence homestead in the same year. An eligible disabled person
1-10 who is 65 or older may not receive both a disabled and an elderly
1-11 residence homestead exemption but may choose either. A person may
1-12 not receive an exemption under this section for more than one
1-13 residence homestead in the same year.
1-14 SECTION 2. Section 11.41, Tax Code, is amended to read as
1-15 follows:
1-16 Sec. 11.41. PARTIAL OWNERSHIP OF EXEMPT PROPERTY. (a) If
1-17 [Except as provided by Subsection (b) of this section, if] a person
1-18 who qualifies for an exemption as provided by this chapter is not
1-19 the sole owner of the property to which the exemption applies, the
1-20 exemption shall be multiplied by a fraction, the numerator of which
1-21 is [limited to] the value of the property interest the person owns
1-22 and the denominator of which is the value of the property.
1-23 (b) [If a person who qualifies for an exemption as provided
1-24 by Section 11.13 or 11.22 of this code is not the sole owner of the
2-1 property to which the exemption applies, the amount of the
2-2 exemption is calculated on the basis of the value of the property
2-3 interest the person owns.]
2-4 [(c)] In the application of this section, community
2-5 ownership by a person who qualifies for the exemption and the
2-6 person's [his] spouse is treated as if the person owns the
2-7 community interest of the person's [his] spouse.
2-8 SECTION 3. Section 11.43, Tax Code, is amended by adding
2-9 Subsection (j) to read as follows:
2-10 (j) An application for an exemption under Section 11.13
2-11 must:
2-12 (1) list each owner of the residence homestead and the
2-13 interest of each owner;
2-14 (2) state that the applicant does not claim an
2-15 exemption under that section on another residence homestead;
2-16 (3) state that the facts contained in the application
2-17 are true; and
2-18 (4) include a sworn statement that the applicant has
2-19 read and understands the notice required by Subsection (f).
2-20 SECTION 4. This Act takes effect January 1, 1998.
2-21 SECTION 5. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1773 was passed by the House on April
25, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1773 was passed by the Senate on May
10, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor