| 1 | 1 | | 85R7551 SMH-F |
|---|
| 2 | 2 | | By: Miller H.B. No. 1564 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the authority of an elderly or disabled person to defer |
|---|
| 8 | 8 | | or abate the collection of ad valorem taxes on the person's |
|---|
| 9 | 9 | | residence homestead if the homestead is subject to a mortgage. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 33.06, Tax Code, is amended by adding |
|---|
| 12 | 12 | | Subsections (h), (i), and (j) to read as follows: |
|---|
| 13 | 13 | | (h) Except as provided by Subsection (i), an individual is |
|---|
| 14 | 14 | | not required to obtain the consent of the holder of a mortgage on |
|---|
| 15 | 15 | | property the individual owns and occupies as a residence homestead |
|---|
| 16 | 16 | | in order to obtain a deferral or abatement under this section. |
|---|
| 17 | 17 | | (i) An individual must obtain the written consent of the |
|---|
| 18 | 18 | | holder of a mortgage on property the individual owns and occupies as |
|---|
| 19 | 19 | | a residence homestead before filing an affidavit under this section |
|---|
| 20 | 20 | | if: |
|---|
| 21 | 21 | | (1) the mortgage balance is equal to at least 60 |
|---|
| 22 | 22 | | percent of the appraised value of the property; or |
|---|
| 23 | 23 | | (2) a default has occurred with respect to the |
|---|
| 24 | 24 | | obligation secured by the mortgage for a reason other than |
|---|
| 25 | 25 | | nonpayment of the taxes for which the person is seeking the deferral |
|---|
| 26 | 26 | | or abatement. |
|---|
| 27 | 27 | | (j) Filing an affidavit under this section or failing to pay |
|---|
| 28 | 28 | | taxes that are deferred or abated under this section does not |
|---|
| 29 | 29 | | constitute a default for purposes of Subsection (i)(2). |
|---|
| 30 | 30 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 31 | 31 | | to a mortgage that is issued on or after the effective date of this |
|---|
| 32 | 32 | | Act. A mortgage that is issued before the effective date of this Act |
|---|
| 33 | 33 | | is governed by the law as it existed immediately before the |
|---|
| 34 | 34 | | effective date of this Act, and that law is continued in effect for |
|---|
| 35 | 35 | | that purpose. |
|---|
| 36 | 36 | | SECTION 3. This Act takes effect September 1, 2017. |
|---|