Texas 2009 - 81st Regular

Texas House Bill HB1037 Compare Versions

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1	1	81R3369 JE-D
2	2	By: Paxton H.B. No. 1037
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to allowing persons acquiring a new residence homestead to
8	8	receive an ad valorem tax exemption on the homestead in the year in
9	9	which the property is acquired.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 11.42, Tax Code, is amended by amending
12	12	Subsection (c) and adding Subsection (c-1) to read as follows:
13	13	(c) An exemption authorized by Section 11.13(c) or (d) is
14	14	effective as of January 1 of the tax year in which the person
15	15	qualifies for the exemption and applies to the entire tax year. If
16	16	the individual acquired the property in that tax year, each other
17	17	exemption authorized by Section 11.13 for which the individual
18	18	qualifies the property in that tax year is also effective as of
19	19	January 1 of the tax year and applies to the entire tax year.
20	20	(c-1) Except as provided by Subsection (c), if an individual
21	21	acquires a property after January 1 of a tax year and qualifies the
22	22	property during that tax year for one or more exemptions under
23	23	Section 11.13, but the individual does not qualify for an exemption
24	24	under Section 11.13(c) or (d) for an individual 65 years of age or
25	25	older, and the property did not previously qualify for any
26	26	exemption under Section 11.13 for any portion of the tax year in
27	27	which the property was acquired, the individual may receive the
28	28	exemptions for which the individual qualifies for the portion of
29	29	that tax year for which the individual qualifies for the exemptions
30	30	immediately on qualification for the exemptions.
31	31	SECTION 2. Section 26.10, Tax Code, is amended by adding
32	32	Subsection (c) to read as follows:
33	33	(c) This section does not affect a residence homestead
34	34	exemption other than an exemption under Section 11.13(c) or (d) for
35	35	an individual 65 years of age or older, and for purposes of
36	36	Subsection (b)(1)(B) the taxes shall be calculated taking into
37	37	account any residence homestead exemption applicable to the
38	38	property other than an exemption under Section 11.13(c) or (d) for
39	39	an individual 65 years of age or older.
40	40	SECTION 3. Chapter 26, Tax Code, is amended by adding
41	41	Section 26.1115 to read as follows:
42	42	Sec. 26.1115. CALCULATION OF TAXES ON RESIDENCE HOMESTEAD
43	43	GENERALLY. (a) If an individual receives one or more exemptions
44	44	under Section 11.13, other than an exemption under Section 11.13(c)
45	45	or (d) for an individual 65 years of age or older, for a portion of a
46	46	tax year as provided by Section 11.42(c-1), except as provided by
47	47	Subsection (b) the amount of tax due on the property for that year
48	48	is calculated by:
49	49	(1) subtracting:
50	50	(A) the amount of the taxes that otherwise would
51	51	be imposed on the property for the entire year had the individual
52	52	qualified for the exemptions for the entire year; from
53	53	(B) the amount of the taxes that otherwise would
54	54	be imposed on the property for the entire year had the individual
55	55	not qualified for the exemptions during the year;
56	56	(2) multiplying the remainder determined under
57	57	Subdivision (1) by a fraction, the denominator of which is 365 and
58	58	the numerator of which is the number of days in that year that
59	59	elapsed before the date the individual first qualified the property
60	60	for the exemptions; and
61	61	(3) adding the product determined under Subdivision
62	62	(2) and the amount described by Subdivision (1)(A).
63	63	(b) If an individual receives one or more exemptions to
64	64	which Subsection (a) applies for a portion of a tax year as provided
65	65	by Section 11.42(c-1) and the exemptions terminate during the year
66	66	in which the individual acquired the property, the amount of tax due
67	67	on the property for that year is calculated by:
68	68	(1) subtracting:
69	69	(A) the amount of the taxes that otherwise would
70	70	be imposed on the property for the entire year had the individual
71	71	qualified for the exemptions for the entire year; from
72	72	(B) the amount of the taxes that otherwise would
73	73	be imposed on the property for the entire year had the individual
74	74	not qualified for the exemptions during the year;
75	75	(2) multiplying the remainder determined under
76	76	Subdivision (1) by a fraction, the denominator of which is 365 and
77	77	the numerator of which is the sum of:
78	78	(A) the number of days in that year that elapsed
79	79	before the date the individual first qualified the property for the
80	80	exemptions; and
81	81	(B) the number of days in that year that elapsed
82	82	after the date the exemptions terminated; and
83	83	(3) adding the product determined under Subdivision
84	84	(2) and the amount described by Subdivision (1)(A).
85	85	(c) If an individual qualifies to receive an exemption as
86	86	described by Subsection (a) with respect to a property after the
87	87	amount of tax due on the property is calculated and if the effect of
88	88	the qualification is to reduce the amount of tax due on the
89	89	property, the assessor for each taxing unit shall recalculate the
90	90	amount of the tax due on the property and correct the tax roll. If
91	91	the tax bill has been mailed and the tax on the property has not been
92	92	paid, the assessor shall mail a corrected tax bill to the person in
93	93	whose name the property is listed on the tax roll or to the person's
94	94	authorized agent. If the tax on the property has been paid, the
95	95	collector for the taxing unit shall refund to the person who paid
96	96	the tax the amount by which the payment exceeded the tax due.
97	97	SECTION 4. Section 26.112(a), Tax Code, is amended to read
98	98	as follows:
99	99	(a) Except as provided by Section 26.10(b), if at any time
100	100	during a tax year property is owned by an individual who qualifies
101	101	for an exemption under Section 11.13(c) or (d), the amount of the
102	102	tax due on the property for the tax year is calculated as if the
103	103	person qualified for the exemption on January 1 and continued to
104	104	qualify for the exemption for the remainder of the tax year. If the
105	105	individual acquired the property in that tax year, the amount of the
106	106	tax due on the property is calculated as if the person qualified on
107	107	January 1 for each exemption for which the individual qualifies the
108	108	property in that tax year under Section 11.13 and continued to
109	109	qualify for each exemption for the remainder of the tax year.
110	110	SECTION 5. This Act takes effect January 1, 2010, and
111	111	applies only to a residence homestead acquired on or after that
112	112	date.