J.M. Lozano
Bill Analysis
House Bill 806 would amend Section 11.43 of the Tax Code regarding applications for a residence homestead exemption.
Currently, an application for a residence homestead exemption must include, among other items, a copy of the applicant’s driver’s license or state-issued personal identification certificate, unless the applicant is a resident of a facility that provides services related to health, infirmity, or aging, or is certified for participation in the address confidentiality program administered by the attorney general (Section 11.43 (j) (4) of the Tax Code).
House Bill 806 would add an exception to the list of applicants not required to provide a copy of a driver's license or state-issued personal identification. An applicant would be able to include instead a signed affidavit stating that for religious reasons, the applicant cannot obtain an identification that requires the applicant to be photographed, and that the property for which the applicant is claiming an exemption is the applicant's residence homestead.
Vote Recommendation Notes
House Bill 806 would favor a certain category of people on religious grounds by exempting them from the requirement of proving one's identity via a driver's licence (or other state-issued personal identification) in order to claim a residence homestead exemption.
While this exception is probably in line with other exceptions protecting certain groups under the freedom of religion of the First Amendment of the U.S. Constitution, if this requirement can be removed for some people simply on personal beliefs grounds, it may probably not be necessary -- much less mandatory -- for others. As a consequence, we will remain neutral on House Bill 806.
