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.