Texas 2023 - 88th Regular

Texas House Bill HB5293 Latest Draft

Bill / Introduced Version Filed 03/10/2023

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                            88R8966 MLH-D
 By: Tinderholt H.B. No. 5293


 A BILL TO BE ENTITLED
 AN ACT
 relating to the exemption from ad valorem taxation of the total
 appraised value of the residence homestead of the surviving spouse
 of a 100 percent or totally disabled veteran.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Sections 11.131(c) and (d), Tax Code, are
 amended to read as follows:
 (c)  The surviving spouse of a disabled veteran who qualified
 for an exemption under Subsection (b) when the disabled veteran
 died, or of a disabled veteran who would have qualified for an
 exemption under that subsection if that subsection had been in
 effect on the date the disabled veteran died, is entitled to an
 exemption from taxation of the total appraised value of the
 surviving spouse's residence homestead if [same property to which
 the disabled veteran's exemption applied, or to which the disabled
 veteran's exemption would have applied if the exemption had been
 authorized on the date the disabled veteran died, if:
 [(1)]  the surviving spouse has not remarried since the
 death of the disabled veteran[; and
 [(2)  the property:
 [(A)  was the residence homestead of the surviving
 spouse when the disabled veteran died; and
 [(B)  remains the residence homestead of the
 surviving spouse].
 (d)  A [If a] surviving spouse who receives [qualifies for]
 an exemption under Subsection (c) and who subsequently qualifies a
 different property as the surviving spouse's residence homestead[,
 the surviving spouse] is entitled to an exemption from taxation of
 the subsequently qualified homestead in an amount equal to the
 dollar amount of the exemption from taxation of the former
 homestead under Subsection (c) in the last year in which the
 surviving spouse received an exemption under that subsection for
 that homestead if the surviving spouse has not remarried since the
 death of the disabled veteran. The surviving spouse is entitled to
 receive from the chief appraiser of the appraisal district in which
 the former residence homestead was located a written certificate
 providing the information necessary to determine the amount of the
 exemption to which the surviving spouse is entitled on the
 subsequently qualified homestead.
 SECTION 2.  This Act applies only to ad valorem taxes imposed
 for a tax year that begins on or after the effective date of this
 Act.
 SECTION 3.  This Act takes effect January 1, 2024, but only
 if the constitutional amendment proposed by the 88th Legislature,
 Regular Session, 2023, authorizing the legislature to provide for
 an exemption from ad valorem taxation of all or part of the market
 value of the residence homestead of the surviving spouse of a 100
 percent or totally disabled veteran regardless of whether the
 property was the residence homestead of the surviving spouse when
 the disabled veteran died is approved by the voters. If that
 amendment is not approved by the voters, this Act has no effect.