81R13752 JD-D
By: Dunnam H.B. No. 3966
A BILL TO BE ENTITLED
AN ACT
relating to the qualification date for a residence homestead
exemption from ad valorem taxation applicable to certain property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 26, Tax Code, is amended by adding
Section 26.1125 to read as follows:
Sec. 26.1125. PRORATING TAXES ON CERTAIN RESIDENCE
HOMESTEADS. (a) This section applies only to property that has an
appraised value that does not exceed 125 percent of the median
appraised value of residence homesteads in the county in which the
property is located.
(b) Notwithstanding Section 11.42(a), a person who acquires
property after January 1 and before October 1 of a tax year is
entitled to receive an exemption authorized by Section 11.13, other
than an exemption authorized by Section 11.13(c) or (d) for an
individual 65 years of age or older, for a portion of that tax year
immediately on qualification for the exemption. If the person
qualifies the property for an exemption authorized by Section
11.13, other than an exemption authorized by Section 11.13(c) or
(d) for an individual 65 years of age or older, before October 1 of
the tax year in which the person acquires the property, the amount
of tax due on the property is calculated by:
(1) subtracting:
(A) the amount of the taxes that otherwise would
be imposed on the property for the entire year had the individual
qualified for the exemption for the entire year; from
(B) the amount of the taxes that otherwise would
be imposed on the property for the entire year had the individual
not qualified for the exemption during the year;
(2) multiplying the remainder determined under
Subdivision (1) by:
(A) three-fourths, if the person acquired the
property during the first quarter of the tax year;
(B) one-half, if the person acquired the property
during the second quarter of the tax year; or
(C) one-fourth, if the person acquired the
property during the third quarter of the tax year; and
(3) adding the product determined under Subdivision
(2) and the amount described by Subdivision (1)(A).
(c) Notwithstanding Section 11.43(d), a person who after
January 1 and before October 1 of a tax year acquires property that
qualifies for an exemption described by Subsection (b) must apply
for the exemption for that tax year before the first anniversary of
the date the person acquires the property.
(d) If a person qualifies for an exemption described by
Subsection (b) with respect to the property after the amount of the
tax due on the property is calculated and the effect of the
qualification is to reduce the amount of the tax due on the
property, the assessor for each taxing unit shall recalculate the
amount of the tax due on the property and correct the tax roll. If
the tax bill has been mailed and the tax on the property has not been
paid, the assessor shall mail a corrected tax bill to the person in
whose name the property is listed on the tax roll or to the person's
authorized agent. If the tax on the property has been paid, the tax
collector for the taxing unit shall refund to the person who paid
the tax the amount by which the payment exceeded the tax due.
(e) This section expires January 1, 2012.
SECTION 2. This Act applies only to ad valorem taxes imposed
for a tax year that begins on or after the effective date of this
Act.
SECTION 3. This Act takes effect September 1, 2009.