By:  Van de Putte                                                 S.B. No. 1343

A BILL TO BE ENTITLED
AN ACT
relating to an exemption from ad valorem taxation of the value of the residence homestead of members of the Texas military forces and reservists of the armed forces of the United States in active duty during a national emergency. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 11.13(c) and (m), Tax Code, are amended to read as follows: (c) In addition to the exemption provided by Subsection (b) of this section, (1) an adult who is disabled or is 65 years of age or older is entitled to an exemption from taxation by a school district of $10,000 of the appraised value of a qualified [his] residence homestead, and (2) an adult who is a member of the Texas military forces or who is a reservist of the armed forces of the United States as defined in this section is entitled to an exemption from taxation by a school district of $20,000 of the appraised value of a qualified residence homestead during the period of time that the person is in active duty during a national emergency as provided in this section and Section 11.43(l) of this code. (m) In this section: (1) "Disabled" means under a disability for purposes of payment of disability insurance benefits under Federal Old-Age, Survivors, and Disability Insurance. (2) "School district" means a political subdivision organized to provide general elementary and secondary public education. "School district" does not include a junior college district or a political subdivision organized to provide special education services. (3) "Member of the Texas military forces" means a person enlisted with the Texas National Guard, the Texas State Guard, and any other active militia or military force organized under Chapter 431, Government Code. (4) "Reservist of the armed forces of the United States" means a person who is a member of a reserve component of the Army, Navy, Air Force, Marine Corps, or Coast Guard. (5) "Active duty" means full-time duty in the active military service of the United States. The term includes such federal duty as full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the secretary of the military department concerned. The term does not include full-time National Guard Duty. (6) "National emergency" means a general declaration of emergency with respect to the national defense made by the President or the Congress of the United States. SECTION 2. Section 11.43, Tax Code, is amended by adding Subsection (l) to read as follows: (l) To receive an exemption provided by Section 11.13(c)(2) of this code, a person must be in active duty as a result of the declaration of a national emergency on January 1 of the year for which the exemption is claimed. Before May 1 of the year for which the exemption is claimed, the person must file an affidavit, as a supplement to the application required by subsection (a) of this section, along with a copy of official documents evidencing the person's active duty, with the chief appraiser of the appraisal district in which the residence homestead is located. For property appraised by more than one appraisal district, a separate affidavit and accompanying documents must be filed in each appraisal district to receive the exemption. An exemption under this subsection, once allowed, need not be claimed in subsequent years and applies to the property until the person's qualification for the exemption ends. However, the chief appraiser may require the filing of a new affidavit to confirm the person's qualifications by delivering, not later than April 1, a written notice that a new affidavit is required, to the person previously allowed the exemption. The affidavit, sworn to before a notary public or other person authorized to administer oaths in this state, shall be in the following form: "I, , do hereby solemnly swear or affirm that I am ( ) a member in good standing of the state military forces of the State of Texas or ( ) a reservist of the armed forces of the United States, and have been called to active duty to federal military service as a result of a declaration of national emergency, such duty to begin on or before January 1 of . Subscribed to and sworn to before me this day of , . SEAL _________________________ Notary Public in and for County, Texas" SECTION 3. Section 11.431, Tax Code, is amended by adding subsection (c) to read as follows: (c) The chief appraiser shall accept and approve an affidavit for an additional residence homestead exemption for persons who qualify under Section 11.13(c)(2) of this code after the deadline for filing if has passed if it is filed not later than one year after the delinquency date for the taxes on the homestead. SECTION 4. Effective date. This Act takes effect September 1, 2005, and applies to exemptions for which a person qualifies on January 1, 2005.