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.