1-1     By:  Cain                                             S.B. No. 1461
 1-2           (In the Senate - Filed March 12, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on Finance; April 19, 1999,
 1-4     reported favorably, as amended, by the following vote:  Yeas 8,
 1-5     Nays 0; April 19, 1999, sent to printer.)
 1-6     COMMITTEE AMENDMENT NO. 1                             By:  Moncrief
 1-7     Amend S.B. No. 1461 as follows:
 1-8           (1)  In SECTION 3 of the bill, in amended Section 11.42, Tax
 1-9     Code (introduced version, page 2, lines 55-61), strike added
1-10     Subsection (d) and redesignate Subsection (e) as Subsection (d).
1-11           (2)  In SECTION 4 of the bill, in amended Section 11.43(d),
1-12     Tax Code (introduced version, page 3, lines 4-8), strike the second
1-13     sentence of the subsection.
1-14           (3)  In SECTION 4 of the bill, in amended Section 11.43(d),
1-15     Tax Code (introduced version, page 3, line 10), strike "11.42(e)"
1-16     and substitute "11.42(d)".
1-17           (4)  In SECTION 6 of the bill, in amended Section 26.112, Tax
1-18     Code, in the heading to the section (introduced version, page 3,
1-19     line 27), between "HOMESTEAD" and "[EXEMPTION]", insert "OF ELDERLY
1-20     PERSON".
1-21           (5)  In SECTION 6 of the bill, in amended Section 26.112(a),
1-22     Tax Code (introduced version, page 3, lines 29-31), strike "11.13
1-23     with respect to the property [11.13(c) or (d) for an individual 65
1-24     years of age or older after the beginning of a tax year]" and
1-25     substitute "11.13(c) or (d) for an individual 65 years of age or
1-26     older [after the beginning of a tax year]".
1-27           (6)  In SECTION 6 of the bill, in amended Section 26.112(b),
1-28     Tax Code (introduced version, page 3, line 38), between "(d)" and
1-29     "with", insert "for an individual 65 years of age or older".
1-30           (7)  In SECTION 6 of the bill, in amended Section 26.112(c),
1-31     Tax Code (introduced version, page 3, line 43), strike "11.13" and
1-32     substitute "11.13(c) or (d) for an individual 65 years of age or
1-33     older".
1-34           (8)  In SECTION 7 of the bill, in amended Section 26.113(a),
1-35     Tax Code (introduced version, page 4, line 3), strike "11.42(e)"
1-36     and substitute "11.42(d)".
1-37                            A BILL TO BE ENTITLED
1-38                                   AN ACT
1-39     relating to the calculation of a residence homestead exemption from
1-40     ad valorem taxation and the limitation of school taxes on the
1-41     homestead of an elderly person if the owner of the homestead
1-42     qualifies for the exemption or limitation after the beginning of a
1-43     tax year.
1-44           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-45           SECTION 1.  Subsection (h), Section 11.13, Tax Code, is
1-46     amended to read as follows:
1-47           (h)  Joint, [or] community, or successive owners may not each
1-48     receive the same exemption provided by or pursuant to this section
1-49     for the same residence homestead in the same year.  An eligible
1-50     disabled person who is 65 or older may not receive both a disabled
1-51     and an elderly residence homestead exemption but may choose either.
1-52     A person may not receive an exemption under this section for more
1-53     than one residence homestead in the same year.
1-54           SECTION 2.  Subsections (a) and (j), Section 11.26, Tax Code,
1-55     are amended to read as follows:
1-56           (a)  The tax officials shall appraise the property to which
1-57     this section applies and calculate taxes as on other property, but
1-58     if the tax so calculated exceeds the limitation imposed by this
1-59     section, the tax imposed is the amount of the tax as limited by
1-60     this section, except as otherwise provided by this section.  A
1-61     school district may not increase the total annual amount of ad
1-62     valorem tax it imposes on the residence homestead of an individual
1-63     65 years or older above the amount of the tax it imposed in the
 2-1     first tax year in which the individual qualified that residence
 2-2     homestead for the exemption provided by Section 11.13(c) for an
 2-3     individual 65 years of age or older.  [If the individual qualified
 2-4     that residence homestead for the exemption after the beginning of
 2-5     that first year, the maximum amount of taxes that a school district
 2-6     may impose on that residence homestead in a subsequent year is
 2-7     determined as provided by Section 26.112 as if the individual
 2-8     qualified that residence homestead for the exemption for that
 2-9     entire first year, except as provided by Subsection (b).]  If the
2-10     individual qualified that residence homestead for the exemption
2-11     after the beginning of that first year and the residence homestead
2-12     remains eligible for the exemption for the next year, and if the
2-13     school district taxes imposed on the residence homestead in the
2-14     next year are less than the amount of taxes imposed in that first
2-15     year, a school district may not subsequently increase the total
2-16     annual amount of ad valorem taxes it imposes on the residence
2-17     homestead above the amount it imposed in the year immediately
2-18     following the first year for which the individual qualified that
2-19     residence homestead for the exemption, except as provided by
2-20     Subsection (b).  If the first tax year the individual qualified the
2-21     residence homestead for the exemption provided by Section 11.13(c)
2-22     was a tax year before the 1997 tax year, the amount of the
2-23     limitation provided by this section is the amount of tax the school
2-24     district imposed for the 1996 tax year less an amount equal to the
2-25     amount determined by multiplying $10,000 times the tax rate of the
2-26     school district for the 1997 tax year, plus any 1997 tax
2-27     attributable to improvements made in 1996, other than improvements
2-28     made to comply with governmental regulations or repairs.
2-29           (j)  If an individual who qualifies for an exemption provided
2-30     by Section 11.13(c) for an individual 65 years of age or older dies
2-31     in the first year in which the individual qualified for the
2-32     exemption and the individual first qualified for the exemption
2-33     after the beginning of that year, except as provided by Subsection
2-34     (k), the amount to which the surviving spouse's school district
2-35     taxes are limited under Subsection (i) is the amount of school
2-36     district taxes imposed on the residence homestead in that year
2-37     determined [calculated under Section 26.112] as if the individual
2-38     qualifying for the exemption had lived for the entire year.
2-39           SECTION 3.  Section 11.42, Tax Code, is amended to read as
2-40     follows:
2-41           Sec. 11.42.  EXEMPTION QUALIFICATION DATE.  (a)  Except as
2-42     provided by Subsections [Subsection] (b) and (c) and by Sections
2-43     11.421, 11.422, 11.434, 11.435, and 11.436, eligibility for and
2-44     amount of an exemption authorized by this chapter for any tax year
2-45     are determined by a claimant's qualifications on January 1.  A
2-46     person who does not qualify for an exemption on January 1 of any
2-47     year may not receive the exemption that year.
2-48           (b)  An exemption authorized by Section 11.11 [or by Section
2-49     11.13(c) or (d) for an individual 65 years of age or older] is
2-50     effective immediately on qualification for the exemption.
2-51           (c)  An exemption authorized by Section 11.13(c) or (d) for
2-52     an individual 65 years of age or older is effective as of January 1
2-53     of the tax year in which the person qualifies for the exemption and
2-54     applies to the entire tax year.
2-55           (d)  A person who acquires property after January 1 of a tax
2-56     year is entitled to receive an exemption authorized by Section
2-57     11.13, other than an exemption authorized by Section 11.13(c) or
2-58     (d) for an individual 65 years of age or older, for that entire tax
2-59     year if the person qualifies the property for that exemption during
2-60     that tax year.
2-61           (e)  A person who acquires property after January 1 of a tax
2-62     year may receive an exemption authorized by Section 11.17, 11.18,
2-63     11.19, 11.20, 11.21, 11.23, or 11.30 for the applicable portion of
2-64     that tax year immediately on qualification for the exemption.
2-65           SECTION 4.  Subsection (d), Section 11.43, Tax Code, as
2-66     amended by Chapters 1039, 1059, and 1155, Acts of the 75th
2-67     Legislature, Regular Session, 1997, is reenacted and amended to
2-68     read as follows:
2-69           (d)  To receive an exemption the eligibility for which is
 3-1     determined by the claimant's qualifications on January 1 of the tax
 3-2     year, a person required to claim an exemption must file a completed
 3-3     exemption application form before May 1 and must furnish the
 3-4     information required by the form.  A person who after January 1 of
 3-5     a tax year acquires property that qualifies for an exemption
 3-6     covered by Section 11.42(d) must apply for the exemption for that
 3-7     tax year before the first anniversary of the date the person
 3-8     acquires the property.  A person who after January 1 of a tax year
 3-9     acquires property that qualifies for an exemption covered by
3-10     Section 11.42(e) [11.42(c)] must apply for the exemption for the
3-11     applicable portion of that tax year before the first anniversary of
3-12     the date the person acquires the property.  For good cause shown
3-13     the chief appraiser may extend the deadline for filing an exemption
3-14     application by written order for a single period not to exceed 60
3-15     days.
3-16           SECTION 5.  Subsection (k), Section 11.43, Tax Code, is
3-17     amended to read as follows:
3-18           (k)  A person who qualifies for the exemption authorized by
3-19     Section 11.13(c) or (d) for an individual 65 years of age or older
3-20     [for a portion of a tax year] must apply for the exemption no later
3-21     than the first anniversary of the date the person qualified for the
3-22     exemption.
3-23           SECTION 6.  Section 26.112, Tax Code, is amended to read as
3-24     follows:
3-25           Sec. 26.112.  CALCULATION OF TAXES ON [PRORATING
3-26     TAXES--QUALIFICATION BY ELDERLY PERSON FOR 65 OR OVER] RESIDENCE
3-27     HOMESTEAD [EXEMPTION].  (a)  If at any time during a tax year
3-28     property is owned by an individual who qualifies for an [the]
3-29     exemption under Section 11.13 with respect to the property
3-30     [11.13(c) or (d) for an individual 65 years of age or older after
3-31     the beginning of a tax year], the amount of the tax [taxes] due on
3-32     the property [residence homestead of the individual] for the tax
3-33     year is calculated as if the person qualified for the exemption on
3-34     January 1 and continued to qualify for the exemption for the
3-35     remainder of the tax year.
3-36           (b)  If property is the residence homestead of more than one
3-37     individual during a tax year and any of those individuals qualify
3-38     for an exemption under Section 11.13(c) or (d) with respect to the
3-39     property, the amount of the tax due on the property for the tax
3-40     year is calculated as if that individual owned the property for the
3-41     entire tax year.
3-42           (c)  If a person qualifies for an exemption under Section
3-43     11.13 with respect to the property after the amount of the tax due
3-44     on the property is calculated and the effect of the qualification
3-45     is to reduce the amount of the tax due on the property, the
3-46     assessor for each taxing unit shall recalculate the amount of the
3-47     tax due on the property and correct the tax roll.  If the tax bill
3-48     has been mailed and the tax on the property has not been paid, the
3-49     assessor shall mail a corrected tax bill to the person in whose
3-50     name the property is listed on the tax roll or to the person's
3-51     authorized agent.  If the tax on the property has been paid, the
3-52     tax collector for the taxing unit shall refund to the person who
3-53     paid the tax the amount by which the payment exceeded the tax due.
3-54     [by:]
3-55                 [(1)  subtracting:]
3-56                       [(A)  the amount of the taxes that otherwise
3-57     would be imposed on the residence homestead for the entire year had
3-58     the individual qualified for the residence homestead exemption on
3-59     January 1; from]
3-60                       [(B)  the amount of the taxes that otherwise
3-61     would be imposed on the residence homestead for the entire year had
3-62     the individual not qualified for the residence homestead exemption;]
3-63                 [(2)  multiplying the remainder determined under
3-64     Subdivision (1) by a fraction, the denominator of which is 365 and
3-65     the numerator of which is the number of days that elapsed prior to
3-66     the date that the individual qualified for the exemption; and]
3-67                 [(3)  adding the product determined under Subdivision
3-68     (2) and the amount described by Subdivision (1)(A).]
3-69           SECTION 7.  Subsection (a), Section 26.113, Tax Code, is
 4-1     amended to read as follows:
 4-2           (a)  If a person acquires taxable property that qualifies for
 4-3     and is granted an exemption covered by Section 11.42(e) [11.42(c)]
 4-4     for a portion of the year in which the property was acquired, the
 4-5     amount of tax due on the property for that year is computed by
 4-6     multiplying the amount of taxes imposed on the property for the
 4-7     entire year as provided by Section 26.09 by a fraction, the
 4-8     denominator of which is 365 and the numerator of which is the
 4-9     number of days in that year before the date the property qualified
4-10     for the exemption.
4-11           SECTION 8.  This Act takes effect January 1, 2000, and
4-12     applies only to ad valorem taxes imposed for a tax year that begins
4-13     on or after that date.
4-14           SECTION 9.  The importance of this legislation and the
4-15     crowded condition of the calendars in both houses create an
4-16     emergency and an imperative public necessity that the
4-17     constitutional rule requiring bills to be read on three several
4-18     days in each house be suspended, and this rule is hereby suspended.
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