10/27/11

Today, the Office of the Texas Attorney General announced it received a request for an opinion (RQ-1008-GA) on "Evidence that must be submitted with regard to an application for homestead exemption under section 11.43, Tax Code."  In the request for an opinion, Representative Harvey Hilderbran, Chair of the House Committee on Ways & Means, is requesting an interpretation on certain provisions enacted in House Bill 252, 82nd Legislature.  The issues mentioned in the request for an opinion are excerpted below.

1. "Does federal law permit military personnel stationed in Texas to receive a residence homestead exemption in this state without the need of a Texas driver's license or Texas issued identification card?
2. In the case of a member ofthe military stationed in Texas, is a driver's license or identification issued by another state or by a federal agency showing the address for which a Texas homestead exemption is sought sufficient to meet the new requirements of Tax Code Section 11.13.
3. In the case of applicants who are not members of the military, do the amendments to Tax Code 11.13 enacted in HB 252 that refer to a driver's license, personal identification, and motor vehicle registration receipt apply to such documents issued by another state so long as the address is the property on which a homestead exemption is sought?
4. May the chief appraiser grant an exemption if, due to the fact the property owner resides at an address to which mail is not delivered by the Post Office, the applicant submits a driver's license or state-issued identification card that bears a Post Office box address or 911 - Emergency Services Address?
5. If the homestead exemption applicant is a non-documented alien who is in the United States illegally, may the chief appraiser grant a homestead exemption if the applicant can produce neither a driver's license or state-issued identification card bearing the applicant's name and address for which the exemption is sought?
6. If the homestead exemption applicant has an expired Texas Driver's License, but no registered vehicle in his/her name and their utilities are in the name of a relative, may the chief appraiser grant the exemption?
7. If the applicant submits a driver's license, state-issued identification card, or vehicle registration receipt which is expired, may the chief appraiser still grant the exemption application?"

In reference to question 3, the opinion request also asks if the requirement in Section 521.029, Transportation Code, to obtain a Texas-issued driver's license within 90 days of moving to Texas, would mean that a driver's license issued by another state would not be sufficient evidence, in some instances.

To read the request for an opinion click on the link below.

Opinion Request on Homestead Exemption (124.01 KB)