By:  Wentworth, Barrientos                            S.B. No. 1437

              Zaffirini

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the exemption from and limitations on ad valorem taxes

 1-2     on the residence homestead of an elderly individual and the

 1-3     individual's surviving spouse and to the termination of that

 1-4     exemption if that homestead ceases to be the homestead of that

 1-5     elderly individual or surviving spouse.

 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-7           SECTION 1.  Subsection (b), Section 11.42, Tax Code, is

 1-8     amended to read as follows:

 1-9           (b)  An exemption authorized by Section 11.11 or by Section

1-10     11.13(c) or (d) for an individual 65 or over [of this code] is

1-11     effective immediately on qualification for the exemption.

1-12           SECTION 2.  Subsection (q), Section 11.13, Tax Code, is

1-13     amended to read as follows:

1-14           (q)  The surviving spouse of an individual who qualifies for

1-15     [received] an exemption under Subsection (d) for the residence

1-16     homestead of a person 65 or older is entitled to an exemption for

1-17     the same property from the same taxing unit in an amount equal to

1-18     that of the exemption for which [received by] the deceased spouse

1-19     qualified if:

1-20                 (1)  the deceased spouse died in a year in which the

1-21     deceased spouse qualified for [received] the exemption;

1-22                 (2)  the surviving spouse was 55 or older when the

1-23     deceased spouse died; and

 2-1                 (3)  the property was the residence homestead of the

 2-2     surviving spouse when the deceased spouse died and remains the

 2-3     residence homestead of the surviving spouse.

 2-4           SECTION 3.  Section 11.26, Tax Code, is amended by adding

 2-5     Subsections (g), (h), and (i) to read as follows:

 2-6           (g)  If an individual who qualifies for the exemption

 2-7     provided by Section 11.13(c) for an individual 65 years or older

 2-8     dies, the surviving spouse of the individual is entitled to the

 2-9     limitation applicable to the residence homestead of the individual

2-10     if:

2-11                 (1)  the surviving spouse is 55 years or older when the

2-12     individual dies; and

2-13                 (2)  the residence homestead of the individual:

2-14                       (A)  is the residence homestead of the surviving

2-15     spouse on the date that the individual dies; and

2-16                       (B)  remains the residence homestead of the

2-17     surviving spouse.

2-18           (h)  If the individual who qualifies for an exemption

2-19     provided by Section 11.13(c) for an individual 65 years or older

2-20     dies in the year in which the person turned 65 years of age, except

2-21     as provided by Subsection (i), the amount to which the surviving

2-22     spouse's school district taxes are limited under Subsection (g) is

2-23     the amount of school district taxes imposed on the residence

2-24     homestead in that year calculated under Section 26.112 as if the

2-25     individual qualifying for the exemption had lived for the entire

 3-1     year.

 3-2           (i)  If in the first tax year after the individual died, the

 3-3     amount of school district taxes imposed on the residence homestead

 3-4     of the surviving spouse is less than the amount of school district

 3-5     taxes imposed in the preceding year as limited by Subsection (h),

 3-6     in a subsequent tax year the surviving spouse's school district

 3-7     taxes on that residence homestead are limited to the taxes imposed

 3-8     by the district in that first tax year.

 3-9           SECTION 4.  Section 11.43, Tax Code, is amended by amending

3-10     Subsection (d) and adding Subsection (j) to read as follows:

3-11           (d)  Except as provided by Subsection (j), a [A] person

3-12     required to claim an exemption must file a completed exemption

3-13     application form before May 1 and must furnish the information

3-14     required by the form.  For good cause shown the chief appraiser may

3-15     extend the deadline for filing an exemption application by written

3-16     order for a single period not to exceed 60 days.

3-17           (j)  A person who qualifies for the exemption authorized by

3-18     Section 11.13(c) or (d) for an individual 65 years or older for a

3-19     portion of a tax year shall notify the chief appraiser of the

3-20     person's qualification for the exemption no later than the first

3-21     anniversary of the date the person qualified for the exemption.

3-22           SECTION 5.  Section 26.10, Tax Code, is amended to read as

3-23     follows:

3-24           Sec. 26.10.  PRORATING TAXES--LOSS OF EXEMPTION.  (a)  If the

3-25     appraisal roll shows that a property is eligible for taxation for

 4-1     only part of a year because an exemption, other than a residence

 4-2     homestead exemption, applicable on January 1 of that year

 4-3     terminated during the year, the tax due against the property is

 4-4     calculated by multiplying the tax due for the entire year as

 4-5     determined as provided by Section 26.09 of this code by a fraction,

 4-6     the denominator of which is 365 and the numerator of which is the

 4-7     number of days the exemption is not applicable.

 4-8           (b)  If the appraisal roll shows that a property is eligible

 4-9     for taxation at its full appraised value for only part of a year

4-10     because a residence homestead exemption for an individual 65 or

4-11     older applicable on January 1 of that year terminated during the

4-12     year, the tax due against the property is calculated by:

4-13                 (1)  subtracting from:

4-14                       (A)  the amount of the taxes that otherwise would

4-15     be imposed on the residence homestead for the entire year had the

4-16     individual not qualified for the residence homestead exemption on

4-17     January 1;

4-18                       (B)  the amount of the taxes that otherwise would

4-19     be imposed on the residence homestead for the entire year had the

4-20     individual qualified for the residence homestead exemption for the

4-21     entire year;

4-22                 (2)  multiplying the remainder determined under

4-23     Subdivision (1) by a fraction, the denominator of which is 365 and

4-24     the numerator of which is the number of days that elapsed after the

4-25     date the exemption terminated; and

 5-1                 (3)  adding the product determined under Subdivision

 5-2     (2) and the amount described by Subdivision (1)(B).

 5-3           SECTION 6.  Chapter 26, Tax Code, is amended by adding

 5-4     Section 26.112 to read as follows:

 5-5           Sec. 26.112.  PRORATING TAXES--QUALIFICATION BY ELDERLY

 5-6     PERSON FOR 65 OR OVER RESIDENCE HOMESTEAD EXEMPTION.  If an

 5-7     individual qualifies for the exemption under Section 11.13(c) or

 5-8     (d) for an individual 65 or over after the beginning of a tax year,

 5-9     the amount of the taxes due on the residence homestead of the

5-10     individual for the tax year is calculated by:

5-11                 (1)  subtracting:

5-12                       (A)  the amount of the taxes that otherwise would

5-13     be imposed on the residence homestead for the entire year had the

5-14     individual qualified for the residence homestead exemption on

5-15     January 1; from

5-16                       (B)  the amount of the taxes that otherwise would

5-17     be imposed on the residence homestead for the entire year had the

5-18     individual not qualified for the residence homestead exemption;

5-19                 (2)  multiplying the remainder determined under

5-20     Subdivision (1) by a fraction, the denominator of which is 365 and

5-21     the numerator of which is the number of days that elapsed prior to

5-22     the date that the individual qualified for the exemption; and

5-23                 (3)  adding the product determined under Subdivision

5-24     (2) and the amount described by Subdivision (1)(A).

5-25           SECTION 7.  Section 5 of this Act takes effect January 1,

 6-1     1998.

 6-2           SECTION 8.  The importance of this legislation and the

 6-3     crowded condition of the calendars in both houses create an

 6-4     emergency and an imperative public necessity that the

 6-5     constitutional rule requiring bills to be read on three several

 6-6     days in each house be suspended, and this rule is hereby suspended,

 6-7     and that this Act take effect and be in force from and after its

 6-8     passage, and it is so enacted.



 <         By:  Wentworth, Barrientos                            S.B. No. 1437                Zaffirini