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79S30141 JD-D

By:  Edwards                                                      H.B. No. 124



A BILL TO BE ENTITLED

AN ACT

relating to authorizing an increase in the minimum amount of the 
local option residence homestead exemption from ad valorem taxation 
for the elderly and disabled and increasing the amount of the 
residence homestead exemption from school district taxation for the 
elderly and disabled.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 11.13, Tax Code, is amended by amending 
Subsections (c), (d), (e), and (f) and adding Subsection (e-1) to 
read as follows:
	(c)  In addition to the exemption provided by Subsection (b) 
[of this section], an adult individual who is disabled or is 65 
years of age or older is entitled to an exemption from taxation by a 
school district of $15,000 [$10,000] of the appraised value of the 
individual's [his] residence homestead.
	(d)  In addition to the exemptions provided by Subsections 
(b) and (c) [of this section], an individual who is disabled or is 
65 years of age or older is entitled to an exemption from taxation 
by a taxing unit of a portion, [(] the amount of which is fixed as 
provided by Subsection (e), [of this section)] of the appraised 
value of the individual's [his] residence homestead if the 
exemption is adopted either:
		(1)  by the governing body of the taxing unit; or                             
		(2)  by a favorable vote of a majority of the qualified 
voters of the taxing unit at an election called by the governing 
body of a taxing unit, and the governing body shall call the 
election on the petition of at least 20 percent of the number of 
qualified voters who voted in the preceding election of the taxing 
unit.
	(e)  The amount of an exemption adopted as provided by 
Subsection (d) [of this section] is $6,000 [$3,000] of the 
appraised value of the residence homestead unless a larger amount 
is specified by:
		(1)  the governing body authorizing the exemption if 
the exemption is authorized as provided by [Subdivision (1) of] 
Subsection (d)(1) [(d) of this section]; or
		(2)  the petition for the election if the exemption is 
authorized as provided by [Subdivision (2) of] Subsection (d)(2) 
[(d) of this section].
	(e-1)  Notwithstanding Subsection (e) and subject to 
Subsection (f), the amount of an exemption adopted as provided by 
Subsection (d) before January 1, 2007, in an amount of less than 
$6,000 continues in effect at the amount in effect for the 2006 tax 
year.
	(f)  Once authorized, an exemption adopted as provided by 
Subsection (d) [of this section] may be repealed or decreased or 
increased in amount by the governing body of the taxing unit or by 
the procedure authorized by [Subdivision (2) of] Subsection (d)(2) 
[(d) of this section].  In the case of a change in the amount of the 
exemption [decrease], the amount of the exemption as changed may 
not be [reduced to] less than $6,000 [$3,000] of the market value.
	SECTION 2.  This Act applies only to an ad valorem tax year 
that begins on or after January 1, 2007.
	SECTION 3.  This Act takes effect January 1, 2007, but only 
if the constitutional amendment proposed by the 79th Legislature, 
3rd Called Session, 2006, to authorize an increase in the minimum 
amount of the local option residence homestead exemption from ad 
valorem taxation for the elderly and disabled and an increase in the 
maximum amount of the residence homestead exemption from school 
district taxation for the elderly and disabled is approved by the 
voters.  If that amendment is not approved by the voters, this Act 
has no effect.