78R6833 RCJ-D
By: Rodriguez H.B. No. 3433
A BILL TO BE ENTITLED
AN ACT
relating to requiring a person responsible for closing a real
estate transaction to assist a purchaser in applying for a
residence homestead exemption for ad valorem tax purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 11, Tax Code, is amended by
adding Sections 11.48-11.50 to read as follows:
Sec. 11.48. ASSISTANCE WITH RESIDENCE HOMESTEAD
APPLICATION. (a) A person who for compensation prepares the
closing documentation on a sale or transfer of a single-family
residential structure or a single unit of other residential
property shall provide the purchaser of the property a copy of the
form prescribed by the comptroller for applying for an exemption
under Section 11.13.
(b) On request of a purchaser for assistance with filing the
form prescribed by the comptroller for applying for an exemption
under Section 11.13, the person who is responsible for the closing
documentation shall prepare the form on behalf of the purchaser and
file the application with the chief appraiser for each appraisal
district in which the property is located before the earlier of:
(1) the 15th day after the date on which the real
estate transaction closes; or
(2) May 1, if the real estate transaction closes on or
before May 1.
(c) A purchaser may waive in writing the right to receive
the assistance described by this section.
Sec. 11.49. EFFECT OF WAIVER OF ASSISTANCE WITH RESIDENCE
HOMESTEAD APPLICATION. A person who receives a signed waiver from a
purchaser of real property under Section 11.48 is not required by
law to assist the purchaser with preparing or filing the form
prescribed by the comptroller for applying for an exemption under
Section 11.13.
Sec. 11.50. FEE FOR ASSISTANCE WITH RESIDENCE HOMESTEAD
APPLICATION. (a) A person who assists another person by preparing
or filing on behalf of the other person an application for an
exemption under Section 11.13 may not charge a fee of more than $25
for that service.
(b) A fee under Subsection (a) must be paid directly by the
person who receives the service. A person providing a service
described by Subsection (a) may not accept any part of a refund of
ad valorem taxes on any property in payment for those services.
SECTION 2. (a) This Act takes effect September 1, 2003.
(b) Sections 11.48 and 11.49, Tax Code, as added by this
Act, apply only to a sale or transfer of real property that occurs
on or after the effective date of this Act.