### DAN MORALES

ATTORNEYCmwlAL Honorable BillIWitT Chair Education Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711

## QBffice

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## ZEexae
December 12,1994 Opinion No. DM-312
Re: Whether a homestead exemption under section 11.13(n) of the Tax Code may be adopted by public election pursuant to voter petition inthe taxing unit (RQ-693)

Dear Representative Ratliff:
You ask whether “subsection (n) of section 11.13 of the Texas [Tax] Code require[s] that a governing body of a taxing unit call an election upon the petition of at least 20 percent of the qualified voters who voted in the taxing unit’s Lastelection.” Section 11.13provides for various homestead exemptions from property taxation. Subsection (n) as first added in 1983 provided for an additional homestead exemption under section 11.13 The exemption was to be adopted by the governing body ofataxing unit. There was no provision for apublic election on the issue or for apetition therefor. Subsection (n), asadded in 1983,read inpertinent part asfollows:

In addition to any other exemptions provided by the section, an individual is entitled to an exemption from taxation by a taxing unit of a percentage of the appraised value ofhis residence homestead if the exemption is adopted by the governing body of the taxing unit. If the percentage set by the taxing unit produces an exemption in a tax year of less than $5,000 when applied to a particular residence homestead, the individual is entitled to an exemption of $5,000 ofthe appraised value. Acts 1983, 68th Leg., ch. 851, $6, at4822. The subsection also limited the percentage of appraised value ofhomesteads that could be exempted by the governing body of ataxing unit.
In a 1991 amendment, in the same bill that created the county education district (“CED”) scheme of school finance, the legislature added provisions under subsection (n) of Tax Code section 11.13 for homestead exemptions with regard to CEDs specifically. The amendment added the language “other than a county education district” after “taxing unit” in the first sentence of the pm-existing portion of section 11.13(n), quoted above, deleted obsolete limitations on the percentage of exemption that could be allowed in the

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years 1982 and afler, and also added the following language to the end ofthe subsection:

In addition to any other exemptions provided by this section, an individual is entitled to an exemption from taxation by a county education district of a percentage of the appraised value of his residence homestead ifthe exemption is adopted by the voters ofthe district at an election held in the district for that purpose under Section 20.946, Education Code. If the percentage set by voters produces an exemption in ataxyear oflessthan SS,OOO when applied to a particuhtr residence homestead, the individual is entitled to an exemption of S5,OOO

ofthe appraised value. The percentage adopted bythe voters maynot exceed 20percent. Acts 1991,72d Leg., ch. 20,s 19,413 (Vernon’s Sess.Law Serv.) Thus, as amended in 1991, subsection (n) of section 11.13, provided for the adoption of CED homestead exemptions by public election. The referenced section 20.946 of the Education Code, added in the same 1991 bill amending subsection (n), provided for CEDs’ ordering an election on the adoption of such exemption, and in the event that the exemption was not adopted at such election, for holding later elections on that issueupon the receipt ofpetitions signedbythe required number ofvoters. Id.42, at 407. In our opinion, however, with respect to taxing units “other than a county education district,” there was still no provision for a homestead exemption under the subsection being effected by an election. Such exemptions were stillto be “adopted by the governing body.”
In 1993, the legislature abolished CEDs. Acts 1993, 73d Leg., ch. 347, 54.14, Vernon’s Sess.Law Serv. 1481, 1528. The samebill generally deleted references in state law to CEDs, including the above-quoted sentence added to subsection (n) of Tax Code section 11.13 in 1991, and reading: “In addition to any other exemptions provided by this section, an individual is entitled to an exemption from taxation by a county education district ifthe exemption is adopted bythe voters ofthe district.” Id.at 1527. The bill also deleted Education Code section 20.946, discussed above, providing for CEDs’ adoption ofthe homestead exemption by election. Id. 54.13, at 1528. However, the last two sentences of subsection (n), which had been added inthe 1991 amendment, although they had been part ofthe 1991 addition pertaining to CEDs, were not deleted, and appear inboth the 1993 session laws and Vernon’s 1994 supplement ascurrent law. Although the last two sentences ofsubsection (n) remain on the books, we do not think they operate to provide for an election on a homestead exemption under the subsection for taxing units other than CEDs. We find nothing inthe series of amendments outlined above or intheir legislative history, which indicates that the last two sentences of subsection (n), adopted to apply to the now abolished CEDs, have come to apply to the adoption ofhomestead exemptions by other taxing units. In our opinion, there has never been and is not now any provision authorizing taxing units other than the now abolished CEDs to have an election on the adoption ofthe subsection (n) homestead exemption.

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SUMMARY There isno provision for the adoption ofhomestead exemptions under section 11.13(n), Tax Code, by public election in ataxing unit. Said exemptions are adopted by action ofthe taxing unit’s governing body.

DAN MORALES Attorney General ofTexas JORGE VEGA Fii Assistant Attorney General
DREW T.DURHAM Deputy Attorney General for Criminal Justice
JAVIBR AGUILAR Special Assistant Attorney General
RENEA HICKS State Solicitor
SARAH J. SHIRLEY Chair, Opiion Committee Prepared byWilliam M.Walker Assistant Attorney General

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