HBA-ATS H.B. 1453 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1453
By: Smith
Insurance
3/3/1999
Introduced



BACKGROUND AND PURPOSE 

Under the Tax Code, a homeowner is entitled to claim a homestead exemption
from school ad valorem taxes.  In addition, any person age 65 years or
older is entitled to an additional exemption from school taxes on a
residential homestead.  To receive the exemption, a person claiming the
exemption must apply for it by filing an exemption application form with
the chief appraiser for each appraisal district in which the property
subject to the claimed exemption is located.  After considering the
application, the chief appraiser determines whether to approve or
disapprove the application.  Even if the chief appraiser approves the
application, the law requires an investigation if any reason materializes
that indicates that an exemption previously allowed should be canceled. If
the chief appraiser discovers that the property escaped taxes, the
exemption is canceled and the school district is entitled to impose taxes,
penalties, and interest on the property or value that escaped taxation. 

Many times, new homeowners and title companies are unaware of any
improprieties concerning erroneous claims for homestead exemptions.
Nonetheless, if a person purchases a residential homestead encumbered with
delinquent taxes, penalties, and interest due to an invalid exemption, that
person, rather than the former owner, must pay since the delinquent taxes,
penalties, and interest are levied against the property, rather than the
owner.  H.B. 1453 requires a title insurance policy to indemnify a
purchaser of a home on which delinquent ad valorem taxes and any tax liens
exist, including penalties and interest, if the purchaser did not know
about the delinquent tax or tax lien at the time of the purchase.  In
addition, this bill  requires the chief appraiser to send written notice to
the county clerk of the county in which real property is located of each
application for a residential homestead exemption that the chief appraiser
has approved and of each exemption that the chief appraiser has canceled. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 9.07A, Insurance Code, by adding Subsection (f),
to require a title insurance policy to indemnify an owner of residential
real property on which delinquent ad valorem taxes and any tax liens exist
if the owner paid consideration and had no knowledge of the encumbrances
upon the property at the time of the purchase.  Provides that this
subsection applies only to real property that is owned by a natural person
and occupied by the owner as the owner's principal residence. 

SECTION 2.  Amends Subchapter C, Chapter 11, Tax Code, by adding Section
11.48, as follows: 

Sec. 11.48.  NOTICE TO COUNTY CLERK; REAL PROPERTY RECORDS.  (a) Requires
the chief appraiser to send written notice (notice) to the county clerk of
the county in which real property is located of each application for a
residential homestead exemption (exemption) that is approved by the chief
appraiser and of each exemption that is canceled by the chief appraiser. 

 (b) Provides that notice must be sent within five days after the chief
appraiser approves the application or cancels the exemption, and that the
notice must include a legal description of the property. 

(c) Requires the county clerk to file notice in the real property records
of the county. 

SECTION 3.  Amends Section 118.013(c), Local Government Code, to include
documents filed in accordance with Section 11.48, Tax Code, among the
records to which a fee for filing and recording real property records in
the office of the county clerk does not apply.  Redesignates existing
Subdivisions (4)-(7) to Subdivisions (5)-(8). 

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Makes application of Subsection (f), Article 9.07A, Insurance
Code, prospective for an owner policy of title insurance that is delivered
or issued for delivery on or after January 1, 2000.  

SECTION 6.  Makes application of Section 11.48, Tax Code, prospective.

SECTION 7.  Emergency clause.