SRC-JBJ H.B. 374 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 374
By: Culberson (Lindsay)
Jurisprudence
5/11/1999
Engrossed


DIGEST 

Currently, an individual 65 years or older may defer paying delinquent
homestead property taxes by filing a tax deferral affidavit with the
appraisal district.  However, a tax deferral affidavit may not be filed
until the property taxes become delinquent.  A property owner becomes
subject to financial penalties if the property taxes become delinquent.
Therefore, an individual who files for a deferral is subject to a late
penalty.  H.B. 374 would allow a deferral to be filed before the taxes
become delinquent, thereby preventing the imposition of penalties. 

PURPOSE

As proposed, H.B. 374 amends regulations regarding the deferral or
abatement of a suit to collect delinquent taxes on the homestead of an
elderly person. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 33.06, Tax Code, by amending Subsections (a),
(b), and (d), and adding Subsections (f)-(h), to prohibit an individual
from filing an affidavit before the date the taxes on the property become
delinquent if the appraised value of the property exceeds $250,000.
Authorizes the imposition of a penalty for each month or portion of a month
a delinquent tax remains unpaid before the date the affidavit is filed.
Provides that if an individual dies in a year in which the individual
received a deferral or abatement and the individual is survived by a spouse
who was 55 years of age at the time of death, the deferral or abatement
continues in effect as long as the property remains the residence homestead
of the surviving spouse, notwithstanding Subsections (b) and (c).  Requires
a clerk of the court in which probate proceedings relating to the estate of
an individual who was receiving a deferral or abatement are pending to
notify the chief appraiser for the appraisal district in which the property
is located that the individual has died, if the clerk can determined from
documents filed in the proceedings that the individual was receiving a
deferral or abatement.  Requires a title company that transacts to convey
property by an individual who is receiving a deferral or abatement to
notify the chief appraiser for the appraisal district in which the property
is located.  Requires a copy of the deed to be sufficient notice. 

SECTION 2.Emergency clause.
  Effective date: upon passage.