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