By Wentworth                                    S.B. No. 1437
      75R8911 JD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the exemption from and limitations on ad valorem taxes
 1-3     on the residence homestead of an elderly individual and the
 1-4     individual's surviving spouse and to the termination of that
 1-5     exemption if that homestead ceases to be the homestead of that
 1-6     elderly individual or surviving spouse.
 1-7           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-8           SECTION 1.  Section 11.42(b), Tax Code, is amended to read as
 1-9     follows:
1-10           (b)  An exemption authorized by Section 11.11 or by Section
1-11     11.13(c) or (d) for an individual 65 or over [of this code] is
1-12     effective immediately on qualification for the exemption.
1-13           SECTION 2.  Section 11.13(q), Tax Code, is amended to read as
1-14     follows:
1-15           (q)  The surviving spouse of an individual who qualifies for
1-16     [received] an exemption under Subsection (d) for the residence
1-17     homestead of a person 65 or older is entitled to an exemption for
1-18     the same property from the same taxing unit in an amount equal to
1-19     that of the exemption for which [received by] the deceased spouse
1-20     qualified if:
1-21                 (1)  the deceased spouse died in a year in which the
1-22     deceased spouse qualified for [received] the exemption;
1-23                 (2)  the surviving spouse was 55 or older when the
1-24     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
2-26     year.
2-27           (i)  If in the first tax year after the individual died, the
 3-1     amount of school district taxes imposed on the residence homestead
 3-2     of the surviving spouse is less than the amount of school district
 3-3     taxes imposed in the preceding year as limited by Subsection (h),
 3-4     in a subsequent tax year the surviving spouse's school district
 3-5     taxes on that residence homestead are limited to the taxes imposed
 3-6     by the district in that first tax year.
 3-7           SECTION 4.  Section 11.43, Tax Code, is amended by amending
 3-8     Subsection (d) and adding Subsection (j) to read as follows:
 3-9           (d)  Except as provided by Subsection (j), a [A] person
3-10     required to claim an exemption must file a completed exemption
3-11     application form before May 1 and must furnish the information
3-12     required by the form.  For good cause shown the chief appraiser may
3-13     extend the deadline for filing an exemption application by written
3-14     order for a single period not to exceed 60 days.
3-15           (j)  A person who qualifies for the exemption authorized by
3-16     Section 11.13(c) or (d) for an individual 65 years or older for a
3-17     portion of a tax year shall notify the chief appraiser of the
3-18     person's qualification for the exemption no later than the first
3-19     anniversary of the date the person qualified for the exemption.
3-20           SECTION 5.  Section 26.10, Tax Code, is amended to read as
3-21     follows:
3-22           Sec. 26.10.  PRORATING TAXES--LOSS OF EXEMPTION.  (a)  If the
3-23     appraisal roll shows that a property is eligible for taxation for
3-24     only part of a year because an exemption, other than a residence
3-25     homestead exemption, applicable on January 1 of that year
3-26     terminated during the year, the tax due against the property is
3-27     calculated by multiplying the tax due for the entire year as
 4-1     determined as provided by Section 26.09 of this code by a fraction,
 4-2     the denominator of which is 365 and the numerator of which is the
 4-3     number of days the exemption is not applicable.
 4-4           (b)  If the appraisal roll shows that a property is eligible
 4-5     for taxation at its full appraised value for only part of a year
 4-6     because a residence homestead exemption for an individual 65 or
 4-7     older applicable on January 1 of that year terminated during the
 4-8     year, the tax due against the property is calculated by:
 4-9                 (1)  subtracting from:
4-10                       (A)  the amount of the taxes that otherwise would
4-11     be imposed on the residence homestead for the entire year had the
4-12     individual not qualified for the residence homestead exemption on
4-13     January 1;
4-14                       (B)  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 qualified for the residence homestead exemption for the
4-17     entire year;
4-18                 (2)  multiplying the remainder determined under
4-19     Subdivision (1) by a fraction, the denominator of which is 365 and
4-20     the numerator of which is the number of days that elapsed after the
4-21     date the  exemption terminated; and
4-22                 (3)  adding the product determined under Subdivision
4-23     (2) and the amount described by Subdivision (1)(B).
4-24           SECTION 6.  Chapter 26, Tax Code, is amended by adding
4-25     Section 26.112 to read as follows:
4-26           Sec. 26.112.  PRORATING TAXES--QUALIFICATION BY ELDERLY
4-27     PERSON FOR 65 OR OVER RESIDENCE HOMESTEAD EXEMPTION.  If an
 5-1     individual qualifies for the exemption under Section 11.13(c) or
 5-2     (d) for an individual 65 or over after the beginning of a tax year,
 5-3     the amount of the taxes due on the residence homestead of the
 5-4     individual for the tax year is calculated by:
 5-5                 (1)  subtracting:
 5-6                       (A)  the amount of the taxes that otherwise would
 5-7     be imposed on the residence homestead for the entire year had the
 5-8     individual qualified for the residence homestead exemption on
 5-9     January 1; from
5-10                       (B)  the amount of the taxes that otherwise would
5-11     be imposed on the residence homestead for the entire year had the
5-12     individual not qualified for the residence homestead exemption;
5-13                 (2)  multiplying the remainder determined under
5-14     Subdivision (1) by a fraction, the denominator of which is 365 and
5-15     the numerator of which is the number of days that elapsed prior to
5-16     the date that the individual qualified for the exemption; and
5-17                 (3)  adding the product determined under Subdivision
5-18     (2) and the amount described by Subdivision (1)(A).
5-19           SECTION 7.  Section 5 of this Act takes effect January 1,
5-20     1998.
5-21           SECTION 8.  The importance of this legislation and the
5-22     crowded condition of the calendars in both houses create an
5-23     emergency and an imperative public necessity that the
5-24     constitutional rule requiring bills to be read on three several
5-25     days in each house be suspended, and this rule is hereby suspended,
5-26     and that this Act take effect and be in force from and after its
5-27     passage, and it is so enacted.