82R8366 ALL-D By: Rodriguez S.B. No. 1089 A BILL TO BE ENTITLED AN ACT relating to the amount of the exemption from ad valorem taxation of property owned by the surviving spouse or surviving minor children of a member of the armed forces of the United States who dies while on active duty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 11.22(d), Tax Code, is amended to read as follows: (d) If an individual dies while on active duty as a member of the armed services of the United States: (1) the individual's surviving spouse is entitled to an exemption from taxation of [$5,000 of] the total assessed value of the property the spouse owns and designates as provided by Subsection (f) [of this section]; and (2) each of the individual's surviving children who is younger than 18 years of age and unmarried is entitled to an exemption from taxation of a portion of the assessed value of a property the child owns and designates as provided by Subsection (f) [of this section], the amount of exemption for each eligible child to be computed by dividing the greater of the assessed value of the property or $5,000 by the number of eligible children. SECTION 2. This Act applies only to an ad valorem tax year that begins on or after the effective date of this Act. SECTION 3. This Act takes effect January 1, 2012, but only if the constitutional amendment proposed by the 82nd Legislature, Regular Session, 2011, authorizing the legislature to increase the amount of the exemption from ad valorem taxation of property owned by the surviving spouse or surviving minor children of a member of the armed forces of the United States who dies while on active duty is approved by the voters. If that amendment is not approved by the voters, this Act has no effect.