HBA-TBM C.S.S.B. 141 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 141 By: Moncrief Business & Industry 4/27/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, to file for a homestead tax exemption in Texas, an individual must be living at the property as of January 1 of that year. Some companies are sending letters to individuals that offer services to file a homestead exemption for the individual. Filing with the state is free. C.S.S.B. 141 requires any written advertisement offering to designate homestead property for a fee to contain a disclaimer to prevent any misrepresentation or misinterpretation. 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. ANALYSIS C.S.S.B. 141 amends the Property Code to prohibit a person from delivering a written advertisement offering for a fee to designate property as a homestead unless there is a disclaimer on the advertisement printed in a specified manner informing the recipient that the document is an advertisement and not an official state document. A person's failure to provide a disclaimer on an advertisement is considered a false, misleading, or deceptive act or practice and is subject to action by the consumer protection division of the attorney general's office. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 141 differs from the original by providing that a person's failure to provide a disclaimer on an advertisement is considered a false, misleading, or deceptive act or practice and is subject to action by the consumer protection division of the attorney general's office.