By Staples                                            H.B. No. 2964
         76R3401 SMH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to limitations on the transfer of a school district ad
 1-3     valorem tax freeze on the residence homestead of an elderly person.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 11.26(g), Tax Code, as added by Chapter
 1-6     592, Acts of the 75th Legislature, Regular Session, 1997, is
 1-7     amended to read as follows:
 1-8           (g)  Except as provided by Subsections [Subsection] (b) and
 1-9     (m), if an individual who receives a limitation on tax increases
1-10     imposed by this section subsequently qualifies a different
1-11     residence homestead for an exemption under Section 11.13, a school
1-12     district may not impose ad valorem taxes on the subsequently
1-13     qualified homestead in a year in an amount that exceeds the amount
1-14     of taxes the school district would have imposed on the subsequently
1-15     qualified homestead in the first year in which the individual
1-16     receives that exemption for the subsequently qualified homestead
1-17     had the limitation on tax increases imposed by this section not
1-18     been in effect, multiplied by a fraction the numerator of which is
1-19     the total amount of school district taxes imposed on the former
1-20     homestead in the last year in which the individual received that
1-21     exemption for the former homestead and the denominator of which is
1-22     the total amount of school district taxes that would have been
1-23     imposed on the former homestead in the last year in which the
1-24     individual received that exemption for the former homestead had the
 2-1     limitation on tax increases imposed by this section not been in
 2-2     effect.
 2-3           SECTION 2.  Section 11.26, Tax Code, is amended by adding
 2-4     Subsection (m) to read as follows:
 2-5           (m)  This subsection applies only to an individual who
 2-6     receives a limitation on tax increases imposed by this section and
 2-7     whose residence homestead had no taxable value for school district
 2-8     ad valorem tax purposes in the year the individual first qualified
 2-9     that homestead for an exemption under Section 11.13.   If the
2-10     individual subsequently qualifies a different residence homestead
2-11     for an exemption under Section 11.13, the limitation provided by
2-12     Subsection (g) does not apply to the subsequently acquired
2-13     residence homestead and, except as provided by Subsection (b), a
2-14     school district may not impose ad valorem taxes on the subsequently
2-15     qualified homestead in a year in an amount that exceeds:
2-16                 (1)  50 percent of the amount of taxes the school
2-17     district would have imposed on the subsequently qualified homestead
2-18     in the first year in which the individual receives that exemption
2-19     for the subsequently qualified homestead had the limitation on tax
2-20     increases imposed by this section not been in effect, if the
2-21     homestead has an appraised value of not more than $50,000 in that
2-22     year; or
2-23                 (2)  75 percent of the amount of taxes the school
2-24     district would have imposed on the subsequently qualified homestead
2-25     in the first year in which the individual receives that exemption
2-26     for the subsequently qualified homestead had the limitation on tax
2-27     increases imposed by this section not been in effect, if the
 3-1     homestead has an appraised value of more than $50,000 in that year.
 3-2           SECTION 3.  This Act takes effect January 1, 2000, and
 3-3     applies only to the calculation of the limitation of school
 3-4     district ad valorem taxes on the residence homestead of an elderly
 3-5     person for a tax year beginning on or after that date.
 3-6           SECTION 4.  The importance of this legislation and the
 3-7     crowded condition of the calendars in both houses create an
 3-8     emergency and an imperative public necessity that the
 3-9     constitutional rule requiring bills to be read on three several
3-10     days in each house be suspended, and this rule is hereby suspended.