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A BILL TO BE ENTITLED
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AN ACT
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relating to the qualification date for a residence homestead |
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exemption from ad valorem taxation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.42, Tax Code, is amended by amending |
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Subsection (a) and adding Subsection (e) to read as follows: |
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(a) Except as otherwise provided by this section |
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[Subsections (b) and (c)] and by Sections 11.421, 11.422, 11.434, |
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11.435, and 11.436, eligibility for and amount of an exemption |
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authorized by this chapter for any tax year are determined by a |
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claimant's qualifications on January 1. A person who does not |
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qualify for an exemption on January 1 of any year may not receive |
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the exemption that year. |
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(e) A person who acquires property after January 1 of a tax |
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year is entitled to receive an exemption authorized by Section |
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11.13, other than an exemption authorized by Section 11.13(c) or |
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(d) for an individual 65 years of age or older, for that entire tax |
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year if the person qualifies the property for that exemption during |
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that tax year. |
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SECTION 2. Section 11.43(d), Tax Code, is amended to read as |
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follows: |
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(d) To receive an exemption the eligibility for which is |
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determined by the claimant's qualifications on January 1 of the tax |
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year, a person required to claim an exemption must file a completed |
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exemption application form before May 1 and must furnish the |
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information required by the form. A person who after January 1 of a |
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tax year acquires property that qualifies for an exemption covered |
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by Section 11.42(d) must apply for the exemption for the applicable |
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portion of that tax year before the first anniversary of the date |
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the person acquires the property. A person who after January 1 of a |
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tax year acquires property that qualifies for an exemption covered |
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by Section 11.42(e) must apply for the exemption for that tax year |
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before the first anniversary of the date the person acquires the |
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property. For good cause shown the chief appraiser may extend the |
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deadline for filing an exemption application by written order for a |
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single period not to exceed 60 days. |
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SECTION 3. Section 26.10(b), Tax Code, is amended to read as |
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follows: |
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(b) If the appraisal roll shows that a residence homestead |
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exemption [for an individual 65 years of age or older or a residence
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homestead exemption for a disabled individual] applicable to a |
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property on January 1 of a year terminated during the year and if |
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the owner qualifies a different property for a [one of those] |
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residence homestead exemption [exemptions] during the same year, |
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the tax due against the former residence homestead is calculated |
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by: |
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(1) subtracting: |
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(A) the amount of the taxes that otherwise would |
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be imposed on the former residence homestead for the entire year had |
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the individual qualified for the residence homestead exemption for |
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the entire year; from |
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(B) the amount of the taxes that otherwise would |
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be imposed on the former residence homestead for the entire year had |
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the individual not qualified for the residence homestead exemption |
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during the year; |
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(2) multiplying the remainder determined under |
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Subdivision (1) by a fraction, the denominator of which is 365 and |
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the numerator of which is the number of days that elapsed after the |
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date the exemption terminated; and |
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(3) adding the product determined under Subdivision |
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(2) and the amount described by Subdivision (1)(A). |
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SECTION 4. Section 26.112, Tax Code, is amended to read as |
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follows: |
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Sec. 26.112. CALCULATION OF TAXES ON RESIDENCE HOMESTEAD |
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[OF ELDERLY OR DISABLED PERSON]. (a) Except as provided by Section |
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26.10(b), if at any time during a tax year property is owned by an |
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individual who qualifies for an exemption under Section 11.13 with |
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respect to the property [11.13(c) or (d)], the amount of the tax due |
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on the property for the tax year is calculated as if the person |
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qualified for the exemption on January 1 and continued to qualify |
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for the exemption for the remainder of the tax year. |
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(b) If a person qualifies for an exemption under Section |
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11.13 [11.13(c) or (d)] with respect to the property after the |
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amount of the tax due on the property is calculated and the effect |
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of the qualification is to reduce the amount of the tax due on the |
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property, the assessor for each taxing unit shall recalculate the |
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amount of the tax due on the property and correct the tax roll. If |
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the tax bill has been mailed and the tax on the property has not been |
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paid, the assessor shall mail a corrected tax bill to the person in |
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whose name the property is listed on the tax roll or to the person's |
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authorized agent. If the tax on the property has been paid, the tax |
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collector for the taxing unit shall refund to the person who paid |
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the tax the amount by which the payment exceeded the tax due. |
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SECTION 5. This Act applies only to ad valorem taxes imposed |
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for a tax year that begins on or after the effective date of this |
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Act. |
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SECTION 6. This Act takes effect September 1, 2007. |