SRC-TBR, CTC S.B. 141 77(R)BILL ANALYSIS


Senate Research CenterS.B. 141
By: Moncrief
Business. & Commerce
6/21/2001
Enrolled


DIGEST AND PURPOSE 

Currently, to file for a homestead tax exemption in Texas, an individual
must be living at the property as of January 1 of that year.   Some
companies are sending letters to individuals that offer services to file a
homestead exemption for the individual.  Filing with the state is free.
S.B. 141 requires that any written advertisement offering to designate
homestead property for a fee contain a disclaimer to prevent any
misrepresentation or misinterpretation. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 41A, Property Code, by adding Section 41.0051, as
follows: 

Sec. 41.0051. DISCLAIMER REQUIRED.  (a)  Prohibits a person from delivering
written advertisements offering, for a fee, to designate property as a
homestead unless a disclaimer is printed on the advertisement.  Sets forth
certain wording and appearance for the disclaimer. 

(b)  Provides that a person's failure to provide a disclaimer on an
advertisement as required by Subsection (a)  is considered a false,
misleading, or deceptive act or practice for purposes of Section 17.46(a),
Business & Commerce Code, and is subject to action by the consumer
protection division of the attorney general's office as provided by Section
17.46(a), Business & Commerce Code. 

SECTION 2. Effective date: September 1, 2001.