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A BILL TO BE ENTITLED
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AN ACT
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relating to an exemption from ad valorem taxation of the residence |
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homestead of the surviving spouse of a member of the armed services |
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of the United States who is killed in action. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 11, Tax Code, is amended by |
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adding Section 11.132 to read as follows: |
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Sec. 11.132. RESIDENCE HOMESTEAD OF SURVIVING SPOUSE OF |
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MEMBER OF ARMED SERVICES KILLED IN ACTION. (a) In this section: |
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(1) "Residence homestead" has the meaning assigned by |
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Section 11.13. |
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(2) "Surviving spouse" means the individual who was |
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married to a member of the armed services of the United States at |
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the time of the member's death. |
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(b) The surviving spouse of a member of the armed services |
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of the United States who is killed in action is entitled to an |
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exemption from taxation of the total appraised value of the |
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surviving spouse's residence homestead if the surviving spouse has |
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not remarried since the death of the member of the armed services. |
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(c) A surviving spouse who receives an exemption under |
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Subsection (b) for a residence homestead is entitled to receive an |
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exemption from taxation of a property that the surviving spouse |
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subsequently qualifies as the surviving spouse's residence |
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homestead in an amount equal to the dollar amount of the exemption |
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from taxation of the first property for which the surviving spouse |
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received the exemption under Subsection (b) in the last year in |
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which the surviving spouse received that exemption if the surviving |
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spouse has not remarried since the death of the member of the armed |
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services. The surviving spouse is entitled to receive from the |
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chief appraiser of the appraisal district in which the first |
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property for which the surviving spouse claimed the exemption was |
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located a written certificate providing the information necessary |
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to determine the amount of the exemption to which the surviving |
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spouse is entitled on the subsequently qualified homestead. |
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SECTION 2. Subsection (c), Section 11.43, Tax Code, is |
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amended to read as follows: |
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(c) An exemption provided by Section 11.13, 11.131, 11.132, |
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11.17, 11.18, 11.182, 11.1827, 11.183, 11.19, 11.20, 11.21, 11.22, |
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11.23(h), (j), or (j-1), 11.231, 11.254, 11.29, 11.30, or 11.31, |
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once allowed, need not be claimed in subsequent years, and except as |
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otherwise provided by Subsection (e), the exemption applies to the |
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property until it changes ownership or the person's qualification |
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for the exemption changes. However, the chief appraiser may |
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require a person allowed one of the exemptions in a prior year to |
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file a new application to confirm the person's current |
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qualification for the exemption by delivering a written notice that |
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a new application is required, accompanied by an appropriate |
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application form, to the person previously allowed the exemption. |
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SECTION 3. Subsection (a), Section 11.431, Tax Code, is |
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amended to read as follows: |
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(a) The chief appraiser shall accept and approve or deny an |
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application for a residence homestead exemption, including an |
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exemption under Section 11.131 for the residence homestead of a |
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disabled veteran or the surviving spouse of a disabled veteran or an |
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exemption under Section 11.132 for the residence homestead of the |
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surviving spouse of a member of the armed services of the United |
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States who is killed in action, after the deadline for filing it has |
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passed if it is filed not later than one year after the delinquency |
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date for the taxes on the homestead. |
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SECTION 4. Subsection (d-1), Section 403.302, Government |
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Code, is amended to read as follows: |
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(d-1) For purposes of Subsection (d), a residence homestead |
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that receives an exemption under Section 11.131 or 11.132, Tax |
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Code, in the year that is the subject of the study is not considered |
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to be taxable property. |
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SECTION 5. Section 11.132, Tax Code, as added by this Act, |
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applies only to a tax year beginning on or after January 1, 2014. |
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SECTION 6. This Act takes effect January 1, 2014, but only |
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if the constitutional amendment proposed by the 83rd Legislature, |
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Regular Session, 2013, authorizing the legislature to provide for |
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an exemption from ad valorem taxation of all or part of the market |
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value of the residence homestead of the surviving spouse of a member |
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of the armed services of the United States who is killed in action |
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is approved by the voters. If that amendment is not approved by the |
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voters, this Act has no effect. |