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Texas Homestead By Christy Treviño: Court Rules & Practice Materials

Texas Property Tax Law

Practice Material

Texas Property Tax Exemptions-  Glenn Hegar, Texas Comptroller of Public Accounts, provides a complete and partial property tax code Exemptions available to property owners who qualify. 

Property Tax Forms- PDF Files that are fillable and accessible with the free Adobe reader. 

Local Property Appraisal and Tax Information- Search your county's appraisal district or tax assessor-collector. 

Court Rules

Burrows v. Quintanilla, 2002 Tex. App. LEXIS 5544, 2002 WL 1726826

The Texas Constitution allows a person to establish a homestead, thereby exempting the property from certain sales. However, ownership alone is insufficient to make a premises a homestead. The establishment of a claim of homestead requires the combination of both overt acts or usage and intent by the owner to claim the land as a permanent residence.

Bishop v. Williams, 223 S.W. 512, 1920 Tex. App. LEXIS 776

It is only the homestead which a husband is forbidden to sell by Tex. Const. art. XVI, § 50, without consent of his wife. Property retains its homestead character until lost by abandonment. Abandonment of property, homestead, cannot be accomplished by mere intention; there must be a discontinuance of the use coupled with an intention not again to use as a home to constitute abandonment. When neither use nor intention to use as a home exists, nothing is left which can reasonably or justly be held to satisfy the Constitution's definition of a "homestead." Where the husband's intention is clearly not to again use the property for home purposes, the essential intention to sustain the exemption is lacking, unless it be true that the head of the family cannot divest property of its homestead exemption by bona fide abandonment. 

Loomis v. Wallis & Short, P.C., 1997 Tex. App. LEXIS 4828, 1997 WL 539655

If used for the purposes of an urban home or as a place to exercise a calling or business in the same urban area, the homestead of a family or a single, adult person, not otherwise entitled to a homestead, shall consist of not more than one acre of land which may be in one or more lots, together with any improvements. Tex. Prop. Code Ann. § 41.002(a) (1997). 

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