Agentix Data Solutions

The Over-65 and Disabled Property Tax Deferral in Texas

Everyone · Updated 2026-10-16

The Over-65 and Disabled Property Tax Deferral in Texas

Information, not legal advice. Laws change; check the current statute or rule and talk to a Texas attorney before you act.

Texas lets certain homeowners stop the collection of property taxes on the home they live in. The taxes still pile up, but the taxing units cannot sue and the house cannot be sold at a tax sale while the owner qualifies. This is the "deferral" in Tax Code §33.06.

It matters to two groups. Property tax lenders need to know about it because the law ties it to their loan paperwork. Investors need to know about it because a deferred account can look like a great tax-sale lead on a delinquent roll and still never go to sale.

Who qualifies

An individual can defer collection, abate a pending tax suit, or abate a pending tax sale if two things are true (Tax Code §33.06(a)):

  1. The person is 65 or older, is disabled as defined in Tax Code §11.13(m), or qualifies for the disabled veteran exemption under §11.22.
  2. The tax was imposed on property the person owns and occupies as a residence homestead.

Rental property, second homes and land the owner does not live on do not qualify. An heir property owner who has qualified the home as a homestead is treated as the sole owner for this section (§33.06(h)).

How the owner gets it

There are three routes, depending on how far collection has gone.

SituationWhat the owner filesWhereEffect
No suit yetDeferral affidavitChief appraiser of the appraisal district (§33.06(b))No suit can be filed and no tax sale held
Suit already filedAffidavit in the court case (§33.06(c))The court where the suit is pendingCourt abates (pauses) the suit unless the taxing unit successfully contests it
Sale already setAffidavit delivered to the chief appraiser, the collector or its attorney, and the officer running the sale, at least 5 days before the sale (§33.06(c-1))All threeThe property may not be sold

The chief appraiser notifies every taxing unit in the district when a deferral affidavit is filed (§33.06(b)). If a property is sold in violation of the section, the owner can move to set the sale aside in the same court during the redemption period (§33.06(c-1)).

What keeps running and what stops

The deferral is a pause on collection, not forgiveness (§33.06(d)):

The Comptroller's penalty-and-interest chart makes the same point: deferred or abated taxes carry 5% annual interest, and the normal monthly schedule does not apply.

When it ends

The deferral lasts until the 181st day after the collector delivers a delinquency notice following the date the person stops owning and occupying the home as a homestead (§33.06(b)). In plain terms, the clock starts when the owner moves out, sells, or dies, and the collector then sends a notice.

Surviving spouses. If the qualifying owner dies, the deferral continues for the surviving spouse if the home was the deceased spouse's homestead, the surviving spouse was 55 or older at the death, and the home was also the surviving spouse's homestead (§33.06(f)).

After the deferral ends, the full balance (years of taxes plus 5% interest plus any pre-deferral penalty and interest) becomes collectible. For an heir who inherits a long-deferred house, that balance can be large.

Any homestead owner, not only seniors, can defer the part of the tax caused by appraised value above 105% of the prior year's appraised value plus new improvements (§33.065(a)). The owner must keep paying the tax on the rest. Interest on the deferred part runs at 8% a year (§33.065(g)). It is much less common than the §33.06 deferral, but it shows up on some rolls.

Why property tax lenders care

Three rules link deferral and lending:

For a lender, the practical job is exclusion: knowing which accounts carry an over-65 or disabled exemption, or a deferral code, before anything is mailed.

Why investors care

On a delinquent roll, a deferred account can show many years owed and no suit. It looks "ripe." It is not. No suit can be filed and no sale can happen until the owner leaves the home and the 181-day period runs. Treat a deferral flag as "not for sale" and "not a fast deal."

There is still a real-estate story here. When the owner later moves to assisted living or passes away, the family inherits a house with a large tax balance and a clock that has just started. That is a probate and heirship situation, covered in Probate in Texas and the house.

Where the record lives

Note that appraisal districts may not post online information showing that an owner is 65 or older (Tax Code §25.027).

How this shows up in Agentix Data

Our appraisal-district owner records carry exemption codes, including the homestead and over-65 codes, for the counties we cover, and our delinquent tax rolls show years and amounts owed. Lenders use the over-65 code to exclude ineligible homesteads. We do not yet confirm a §33.06 deferral county by county, so treat a long-delinquent over-65 or disabled homestead with no tax suit as a likely deferral and check with the tax office or appraisal district.

Sources

General information, not legal or financial advice.