Texas 2021 - 87th Regular

Texas House Bill HB4151 Latest Draft

Bill / Introduced Version Filed 03/12/2021

                            87R4319 DRS-D
 By: Lopez H.B. No. 4151


 A BILL TO BE ENTITLED
 AN ACT
 relating to the actions required to be taken by tax officials before
 taking action to collect delinquent ad valorem taxes on the
 residence homestead of an individual who is elderly or disabled.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subchapter A, Chapter 33, Tax Code, is amended by
 adding Section 33.061 to read as follows:
 Sec. 33.061.  ADDITIONAL PROCEDURES RELATED TO DEFERRED
 COLLECTION OF TAXES ON RESIDENCE HOMESTEADS OF INDIVIDUALS WHO ARE
 ELDERLY OR DISABLED. (a) Each year the collector for each taxing
 unit shall identify each individual whose name appears on the
 current delinquent tax roll in relation to taxes imposed on a
 property for which the individual receives an exemption under
 Section 11.13(c) or (d).
 (b)  Not later than 12 months after the date on which the
 collector first delivers a notice of delinquency under Section
 33.04 to an individual described by Subsection (a) of this section,
 the collector shall determine whether the individual remains
 delinquent in the payment of the tax. If the individual remains
 delinquent in the payment of the tax, the collector shall deliver to
 the individual a notice that includes the same explanation required
 by Section 33.045(a) and instructions for contacting the collector.
 (c)  Not later than 18 months after the date on which the
 collector first delivers a notice of delinquency under Section
 33.04 to an individual described by Subsection (a) of this section,
 the collector shall determine whether the individual remains
 delinquent in the payment of the tax. If the individual remains
 delinquent in the payment of the tax, the collector shall attempt to
 contact the individual by telephone or in person to:
 (1)  determine the reason for the delinquency; and
 (2)  inform the individual of:
 (A)  the individual's eligibility for a deferral
 under Section 33.06;
 (B)  the effect of a deferral, including the rate
 at which interest accrues on taxes deferred under Section 33.06;
 and
 (C)  the effect of a mortgage or reverse mortgage
 on the individual's ability to defer taxes under Section 33.06.
 (d)  If the collector determines that an individual
 contacted under Subsection (c) of this section needs assistance in
 preparing and filing an affidavit establishing the individual's
 eligibility for a deferral under Section 33.06, the collector may:
 (1)  provide the required assistance; or
 (2)  refer the individual to an appropriate service
 agency for the required assistance.
 SECTION 2.  The change in law made by this Act applies only
 to ad valorem taxes imposed for a tax year beginning on or after the
 effective date of this Act.
 SECTION 3.  This Act takes effect January 1, 2022.