By Cain                                               S.B. No. 1461
         76R3947 SMH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the calculation of a residence homestead exemption from
 1-3     ad valorem taxation and the limitation of school taxes on the
 1-4     homestead of an elderly person if the owner of the homestead
 1-5     qualifies for the exemption or limitation after the beginning of a
 1-6     tax year.
 1-7           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-8           SECTION 1.  Section 11.13(h), Tax Code, is amended to read as
 1-9     follows:
1-10           (h)  Joint, [or] community, or successive owners may not each
1-11     receive the same exemption provided by or pursuant to this section
1-12     for the same residence homestead in the same year.  An eligible
1-13     disabled person who is 65 or older may not receive both a disabled
1-14     and an elderly residence homestead exemption but may choose either.
1-15     A person may not receive an exemption under this section for more
1-16     than one residence homestead in the same year.
1-17           SECTION 2.  Sections 11.26(a) and (j), Tax Code, are amended
1-18     to read as follows:
1-19           (a)  The tax officials shall appraise the property to which
1-20     this section applies and calculate taxes as on other property, but
1-21     if the tax so calculated exceeds the limitation imposed by this
1-22     section, the tax imposed is the amount of the tax as limited by
1-23     this section, except as otherwise provided by this section.  A
1-24     school district may not increase the total annual amount of ad
 2-1     valorem tax it imposes on the residence homestead of an individual
 2-2     65 years or older above the amount of the tax it imposed in the
 2-3     first tax year in which the individual qualified that residence
 2-4     homestead for the exemption provided by Section 11.13(c) for an
 2-5     individual 65 years of age or older.  [If the individual qualified
 2-6     that residence homestead for the exemption after the beginning of
 2-7     that first year, the maximum amount of taxes that a school district
 2-8     may impose on that residence homestead in a subsequent year is
 2-9     determined as provided by Section 26.112 as if the individual
2-10     qualified that residence homestead for the exemption for that
2-11     entire first year, except as provided by Subsection (b).]  If the
2-12     individual qualified that residence homestead for the exemption
2-13     after the beginning of that first year and the residence homestead
2-14     remains eligible for the exemption for the next year, and if the
2-15     school district taxes imposed on the residence homestead in the
2-16     next year are less than the amount of taxes imposed in that first
2-17     year, a school district may not subsequently increase the total
2-18     annual amount of ad valorem taxes it imposes on the residence
2-19     homestead above the amount it imposed in the year immediately
2-20     following the first year for which the individual qualified that
2-21     residence homestead for the exemption, except as provided by
2-22     Subsection (b).  If the first tax year the individual qualified the
2-23     residence homestead for the exemption provided by Section 11.13(c)
2-24     was a tax year before the 1997 tax year, the amount of the
2-25     limitation provided by this section is the amount of tax the school
2-26     district imposed for the 1996 tax year less an amount equal to the
2-27     amount determined by multiplying $10,000 times the tax rate of the
 3-1     school district for the 1997 tax year, plus any 1997 tax
 3-2     attributable to improvements made in 1996, other than improvements
 3-3     made to comply with governmental regulations or repairs.
 3-4           (j)  If an individual who qualifies for an exemption provided
 3-5     by Section 11.13(c) for an individual 65 years of age or older dies
 3-6     in the first year in which the individual qualified for the
 3-7     exemption and the individual first qualified for the exemption
 3-8     after the beginning of that year, except as provided by Subsection
 3-9     (k), the amount to which the surviving spouse's school district
3-10     taxes are limited under Subsection (i) is the amount of school
3-11     district taxes imposed on the residence homestead in that year
3-12     determined [calculated under Section 26.112] as if the individual
3-13     qualifying for the exemption had lived for the entire year.
3-14           SECTION 3.  Section 11.42, Tax Code, is amended to read as
3-15     follows:
3-16           Sec. 11.42.  EXEMPTION QUALIFICATION DATE.  (a)  Except as
3-17     provided by Subsections [Subsection] (b) and (c) and by Sections
3-18     11.421, 11.422, 11.434, 11.435, and 11.436, eligibility for and
3-19     amount of an exemption authorized by this chapter for any tax year
3-20     are determined by a claimant's qualifications on January 1.  A
3-21     person who does not qualify for an exemption on January 1 of any
3-22     year may not receive the exemption that year.
3-23           (b)  An exemption authorized by Section 11.11 [or by Section
3-24     11.13(c) or (d) for an individual 65 years of age or older] is
3-25     effective immediately on qualification for the exemption.
3-26           (c)  An exemption authorized by Section 11.13(c) or (d) for
3-27     an individual 65 years of age or older is effective as of January 1
 4-1     of the tax year in which the person qualifies for the exemption and
 4-2     applies to the entire tax year.
 4-3           (d)  A person who acquires property after January 1 of a tax
 4-4     year is entitled to receive an exemption authorized by Section
 4-5     11.13, other than an exemption authorized by Section 11.13(c) or
 4-6     (d) for an individual 65 years of age or older, for that entire tax
 4-7     year if the person qualifies the property for that exemption during
 4-8     that tax year.
 4-9           (e)  A person who acquires property after January 1 of a tax
4-10     year may receive an exemption authorized by Section 11.17, 11.18,
4-11     11.19, 11.20, 11.21, 11.23, or 11.30 for the applicable portion of
4-12     that tax year immediately on qualification for the exemption.
4-13           SECTION 4.  Section 11.43(d), Tax Code, as amended by
4-14     Chapters 1039, 1059, and 1155, Acts of the 75th Legislature,
4-15     Regular Session, 1997, is reenacted and amended to read as follows:
4-16           (d)  To receive an exemption the eligibility for which is
4-17     determined by the claimant's qualifications on January 1 of the tax
4-18     year, a person required to claim an exemption must file a completed
4-19     exemption application form before May 1 and must furnish the
4-20     information required by the form.  A person who after January 1 of
4-21     a tax year acquires property that qualifies for an exemption
4-22     covered by Section 11.42(d) must apply for the exemption for that
4-23     tax year before the first anniversary of the date the person
4-24     acquires the property.  A person who after January 1 of a tax year
4-25     acquires property that qualifies for an exemption covered by
4-26     Section 11.42(e) [11.42(c)] must apply for the exemption for the
4-27     applicable portion of that tax year before the first anniversary of
 5-1     the date the person acquires the property.  For good cause shown
 5-2     the chief appraiser may extend the deadline for filing an exemption
 5-3     application by written order for a single period not to exceed 60
 5-4     days.
 5-5           SECTION 5.  Section 11.43(k), Tax Code, is amended to read as
 5-6     follows:
 5-7           (k)  A person who qualifies for the exemption authorized by
 5-8     Section 11.13(c) or (d) for an individual 65 years of age or older
 5-9     [for a portion of a tax year] must apply for the exemption no later
5-10     than the first anniversary of the date the person qualified for the
5-11     exemption.
5-12           SECTION 6.  Section 26.112, Tax Code, is amended to read as
5-13     follows:
5-14           Sec. 26.112.  CALCULATION OF TAXES ON [PRORATING
5-15     TAXES--QUALIFICATION BY ELDERLY PERSON FOR 65 OR OVER] RESIDENCE
5-16     HOMESTEAD [EXEMPTION].  (a) If at any time during a tax year
5-17     property is owned by an individual who qualifies for an [the]
5-18     exemption under Section 11.13 with respect to the property
5-19     [11.13(c) or (d) for an individual 65 years of age or older after
5-20     the beginning of a tax year], the amount of the tax [taxes] due on
5-21     the property [residence homestead of the individual] for the tax
5-22     year is calculated as if the person qualified for the exemption on
5-23     January 1 and continued to qualify for the exemption for the
5-24     remainder of the tax year.
5-25           (b)  If property is the residence homestead of more than one
5-26     individual during a tax year and any of those individuals qualify
5-27     for an exemption under Section 11.13(c) or (d) with respect to the
 6-1     property, the amount of the tax due on the property for the tax
 6-2     year is calculated as if that individual owned the property for the
 6-3     entire tax year.
 6-4           (c)  If a person qualifies for an exemption under Section
 6-5     11.13 with respect to the property after the amount of the tax due
 6-6     on the property is calculated and the effect of the qualification
 6-7     is to reduce the amount of the tax due on the property, the
 6-8     assessor for each taxing unit shall recalculate the amount of the
 6-9     tax due on the property and correct the tax roll.  If the tax bill
6-10     has been mailed and the tax on the property has not been paid, the
6-11     assessor shall mail a corrected tax bill to the person in whose
6-12     name the property is listed on the tax roll or to the person's
6-13     authorized agent.  If the tax on the property has been paid, the
6-14     tax collector for the taxing unit shall refund to the person who
6-15     paid the tax the amount by which the payment exceeded the tax due.
6-16     [by:]
6-17                 [(1)  subtracting:]
6-18                       [(A)  the amount of the taxes that otherwise
6-19     would be imposed on the residence homestead for the entire year had
6-20     the individual qualified for the residence homestead exemption on
6-21     January 1; from]
6-22                       [(B)  the amount of the taxes that otherwise
6-23     would be imposed on the residence homestead for the entire year had
6-24     the individual not qualified for the residence homestead exemption;]
6-25                 [(2)  multiplying the remainder determined under
6-26     Subdivision (1) by a fraction, the denominator of which is 365 and
6-27     the numerator of which is the number of days that elapsed prior to
 7-1     the date that the individual qualified for the exemption; and]
 7-2                 [(3)  adding the product determined under Subdivision
 7-3     (2) and the amount described by Subdivision (1)(A).]
 7-4           SECTION 7.  Section 26.113(a), Tax Code, is amended to read
 7-5     as follows:
 7-6           (a)  If a person acquires taxable property that qualifies for
 7-7     and is granted an exemption covered by Section 11.42(e) [11.42(c)]
 7-8     for a portion of the year in which the property was acquired, the
 7-9     amount of tax due on the property for that year is computed by
7-10     multiplying the amount of taxes imposed on the property for the
7-11     entire year as provided by Section 26.09 by a fraction, the
7-12     denominator of which is 365 and the numerator of which is the
7-13     number of days in that year before the date the property qualified
7-14     for the exemption.
7-15           SECTION 8.  This Act takes effect January 1, 2000, and
7-16     applies only to ad valorem taxes imposed for a tax year that begins
7-17     on or after that date.
7-18           SECTION 9.  The importance of this legislation and the
7-19     crowded condition of the calendars in both houses create an
7-20     emergency and an imperative public necessity that the
7-21     constitutional rule requiring bills to be read on three several
7-22     days in each house be suspended, and this rule is hereby suspended.