82R374 SMH-D
By: Bonnen H.J.R. No. 117
A JOINT RESOLUTION
proposing a constitutional amendment relating to the eligibility of
property to continue to receive a residence homestead exemption
from ad valorem taxation for not more than three years after the
property ceases to be the owner's principal residence if the
property is being offered for sale.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1-b, Article VIII, Texas Constitution,
is amended by adding Subsection (j) to read as follows:
(j) The legislature by general law may provide for the owner
of a qualified residential structure and the land and improvements
used in the residential occupancy of the structure for which the
owner receives an exemption under this section to continue to
receive the exemption for not more than three years after the owner
ceases to occupy the structure as the owner's residence homestead
regardless of whether the owner establishes a different principal
residence for which the owner receives an exemption under this
section if the structure for which the owner received the exemption
is not occupied by or leased to any person, is being actively
offered for sale, and is not used for any business or commercial
purpose. If the property is subject to a limitation provided by law
under Subsection (d) or (h) of this section when the owner ceases to
occupy the structure as the owner's residence homestead, the
legislature may provide that the limitation continues in effect so
long as the residence homestead exemption continues in effect under
this subsection regardless of whether the owner establishes a
different principal residence for which the owner receives an
exemption under this section and regardless of whether all or a
proportionate amount of the limitation is transferred to that
residence.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 8, 2011.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment relating to the
eligibility of property to continue to receive a residence
homestead exemption from ad valorem taxation for not more than
three years after the property ceases to be the owner's principal
residence if the property is being offered for sale."