By Edwards H.B. No. 2120
75R2023 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the immediate qualification for an ad valorem tax
1-3 exemption for certain property acquired by a religious
1-4 organization.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 11.42, Tax Code, is amended by adding
1-7 Subsection (c) to read as follows:
1-8 (c) A person who acquires property after January 1 of a tax
1-9 year may receive an exemption authorized by Section 11.20 for the
1-10 applicable portion of that tax year immediately on qualification
1-11 for the exemption.
1-12 SECTION 2. Section 11.43(d), Tax Code, is amended to read as
1-13 follows:
1-14 (d) To receive an exemption the eligibility for which is
1-15 determined by the claimant's qualifications on January 1 of the tax
1-16 year, a [A] person required to claim an exemption must file a
1-17 completed exemption application form before May 1 and must furnish
1-18 the information required by the form. A person who after January 1
1-19 of a tax year acquires property that qualifies for an exemption
1-20 covered by Section 11.42(c) must apply for the exemption for the
1-21 applicable portion of that tax year before the first anniversary of
1-22 the date the person acquires the property. For good cause shown
1-23 the chief appraiser may extend the deadline for filing an exemption
1-24 application by written order for a single period not to exceed 60
2-1 days.
2-2 SECTION 3. Chapter 26, Tax Code, is amended by adding
2-3 Section 26.112 to read as follows:
2-4 Sec. 26.112. PRORATING TAXES--ACQUISITION BY RELIGIOUS
2-5 ORGANIZATION. (a) If a person acquires taxable property that
2-6 qualifies for and is granted an exemption covered by Section
2-7 11.42(c) for a portion of the year in which the property was
2-8 acquired, the amount of tax due on the property for that year is
2-9 computed by multiplying the amount of taxes imposed on the property
2-10 for the entire year as provided by Section 26.09 by a fraction, the
2-11 denominator of which is 365 and the numerator of which is the
2-12 number of days in that year before the date the property qualified
2-13 for the exemption.
2-14 (b) If the exemption terminates during the year of
2-15 acquisition, the tax due is computed by multiplying the taxes
2-16 imposed for the entire year as provided by Section 26.09 by a
2-17 fraction, the denominator of which is 365 and the numerator of
2-18 which is the number of days the property does not qualify for the
2-19 exemption.
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.