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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.