81R16384 JD-D
By: Guillen, Pea H.J.R. No. 40
Substitute the following for H.J.R. No. 40:
By: Hilderbran C.S.H.J.R. No. 40
A JOINT RESOLUTION
proposing a constitutional amendment authorizing the governing
body of a political subdivision to adopt a local option residence
homestead exemption from ad valorem taxation of not less than
$5,000 or more than $30,000.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1-b(e), Article VIII, Texas
Constitution, is amended to read as follows:
(e) The governing body of a political subdivision[, other
than a county education district,] may exempt from ad valorem
taxation a percentage of the market value of the residence
homestead of a married or unmarried adult, including one living
alone. [In the manner provided by law, the voters of a county
education district at an election held for that purpose may exempt
from ad valorem taxation a percentage of the market value of the
residence homestead of a married or unmarried adult, including one
living alone.] The percentage may not exceed twenty percent.
However, the amount of a percentage [an] exemption authorized
pursuant to this subsection may not be less than [Five Thousand
Dollars (]$5,000[)] unless the legislature by general law
prescribes other monetary restrictions on the amount of the
exemption. As an alternative, the governing body of the political
subdivision may exempt from ad valorem taxation a portion of the
market value of the residence homestead of a married or unmarried
adult, including one living alone. The amount of the alternative
exemption may not be less than $5,000 or more than $30,000. An
eligible adult is entitled to receive other applicable exemptions
provided by law. Where ad valorem tax has previously been pledged
for the payment of debt, the governing body of a political
subdivision may continue to levy and collect the tax against the
value of the homesteads exempted under this subsection until the
debt is discharged if the cessation of the levy would impair the
obligation of the contract by which the debt was created. The
legislature by general law may prescribe procedures for the
administration of residence homestead exemptions. The legislature
may not provide formulas to protect a school district against all or
part of the revenue loss incurred by the school district that
results from the adoption by the governing body of the school
district of the alternative exemption under this subsection.
SECTION 2. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by the 81st Legislature,
Regular Session, 2009, authorizing the governing body of a
political subdivision to adopt a local option residence homestead
exemption from ad valorem taxation of not less than $5,000 or more
than $30,000.
(b) The amendment to Section 1-b(e), Article VIII, of this
constitution takes effect beginning with the tax year that begins
January 1, 2010.
(c) This temporary provision expires January 1, 2011.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 3, 2009.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment authorizing the
governing body of a political subdivision to adopt a local option
residence homestead exemption from ad valorem taxation of not less
than $5,000 or more than $30,000."