By Bonnen                                             H.B. No. 1940
         77R3327 SMH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the proration of the taxes imposed on a residence
 1-3     homestead in a year in which a residence homestead exemption for an
 1-4     elderly person terminates.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 26.10(b), Tax Code, is amended to read as
 1-7     follows:
 1-8           (b)  If the appraisal roll shows that a [property is eligible
 1-9     for taxation at its full appraised value for only part of a year
1-10     because a] residence homestead exemption for an individual 65 years
1-11     of age or older applicable to a property on January 1 of a [that]
1-12     year terminated during the year and if the owner qualifies a
1-13     different property for a residence homestead exemption during the
1-14     same year, the tax due against the former residence homestead
1-15     [property] is calculated by:
1-16                 (1)  subtracting:
1-17                       (A)  the amount of the taxes that otherwise would
1-18     be imposed on the former residence homestead for the entire year
1-19     had the individual qualified for the residence homestead exemption
1-20     for the entire year; from
1-21                       (B)  the amount of the taxes that otherwise would
1-22     be imposed on the former residence homestead for the entire year
1-23     had the individual not qualified for the residence homestead
1-24     exemption during the year;
 2-1                 (2)  multiplying the remainder determined under
 2-2     Subdivision (1) by a fraction, the denominator of which is 365 and
 2-3     the numerator of which is the number of days that elapsed after the
 2-4     date the exemption terminated; and
 2-5                 (3)  adding the product determined under Subdivision
 2-6     (2) and the amount described by Subdivision (1)(A).
 2-7           SECTION 2.  Section 26.112, Tax Code, is amended to read as
 2-8     follows:
 2-9           Sec. 26.112.  CALCULATION OF TAXES ON RESIDENCE HOMESTEAD OF
2-10     ELDERLY PERSON.  (a)  Except as provided by Section 26.10(b), if
2-11     [If] at any time during a tax year property is owned by an
2-12     individual who qualifies for an exemption under Section 11.13(c) or
2-13     (d) for an individual 65 years of age or older, the amount of the
2-14     tax due on the property for the tax year is calculated as if the
2-15     person qualified for the exemption on January 1 and continued to
2-16     qualify for the exemption for the remainder of the tax year.
2-17           (b)  [If property is the residence homestead of more than one
2-18     individual during a tax year and any of those individuals qualify
2-19     for an exemption under Section 11.13(c) or (d) for an individual 65
2-20     years of age or older with respect to the property, the amount of
2-21     the tax due on the property for the tax year is calculated as if
2-22     that individual owned the property for the entire tax year.]
2-23           [(c)]  If a person qualifies for an exemption under Section
2-24     11.13(c) or (d) for an individual 65 years of age or older with
2-25     respect to the property after the amount of the tax due on the
2-26     property is calculated and the effect of the qualification is to
2-27     reduce the amount of the tax due on the property, the assessor for
 3-1     each taxing unit shall recalculate the amount of the tax due on the
 3-2     property and correct the tax roll.  If the tax bill has been mailed
 3-3     and the tax on the property has not been paid, the assessor shall
 3-4     mail a corrected tax bill to the person in whose name the property
 3-5     is listed on the tax roll or to the person's authorized agent.  If
 3-6     the tax on the property has been paid, the tax collector for the
 3-7     taxing unit shall refund to the person who paid the tax the amount
 3-8     by which the payment exceeded the tax due.
 3-9           SECTION 3. This Act takes effect January 1, 2002, and applies
3-10     only to ad valorem taxes imposed for a tax year that begins on or
3-11     after that date.