Texas 2013 - 83rd Regular

Texas House Bill HB2001 Latest Draft

Bill / Introduced Version

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                            83R7460 CJC-F
 By: Anchia H.B. No. 2001


 A BILL TO BE ENTITLED
 AN ACT
 relating to proof of eligibility for an exemption from ad valorem
 taxation of the residence homestead of a person.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 11.43, Tax Code, is amended by amending
 Subsections (j) and (n) and adding Subsection (n-1) to read as
 follows:
 (j)  In addition to the items required by Subsection (f), an
 application for a residence homestead exemption prescribed by the
 comptroller and authorized by Section 11.13 must:
 (1)  list each owner of the residence homestead and the
 interest of each owner;
 (2)  state that the applicant does not claim an
 exemption under that section on another residence homestead in this
 state or claim a residence homestead exemption on a residence
 homestead outside this state;
 (3)  state that each fact contained in the application
 is true;
 (4)  include the following, as applicable:
 (A)  a copy of the applicant's driver's license or
 state-issued personal identification certificate and:
 (i) [(A)]  a copy of the applicant's vehicle
 registration receipt; or
 (ii) [(B)]  if the applicant does not own a
 vehicle, an affidavit to that effect signed by the applicant and a
 copy of a utility bill for the property subject to the claimed
 exemption in the applicant's name; or
 (B)  if the applicant does not have a driver's
 license or state-issued personal identification certificate, an
 affidavit signed by the applicant under penalty of perjury stating
 that:
 (i)  the applicant does not have a driver's
 license or state-issued personal identification certificate; and
 (ii)  the property for which the applicant
 is claiming the exemption is the applicant's residence homestead;
 (5)  state that the applicant has read and understands
 the notice of the penalties required by Subsection (f); and
 (6)  be signed by the applicant.
 (n)  Except as provided by Subsection (n-1), a [A] chief
 appraiser may not allow an exemption provided by Section 11.13
 unless:
 (1)  the address on the driver's license or
 state-issued personal identification certificate provided by the
 applicant under Subsection (j) corresponds to the address on the
 applicant's vehicle registration receipt or utility bill provided
 under that subsection; and
 (2)  the address indicated in Subdivision (1)
 corresponds to the address of the property for which the exemption
 is claimed.
 (n-1)  Subsection (n) does not apply to an applicant for an
 exemption under Section 11.13 who includes with the application an
 affidavit that satisfies the requirements prescribed by Subsection
 (j)(4)(B).
 SECTION 2.  The change in law made by this Act applies only
 to an application for a residence homestead exemption from ad
 valorem taxation filed on or after the effective date of this Act.
 An application for a residence homestead exemption from ad valorem
 taxation filed before the effective date of this Act is covered by
 the law in effect on the date the application was filed, and that
 law is continued in effect for that purpose.
 SECTION 3.  This Act takes effect September 1, 2013.