1 | 1 | | By: Van de Putte, et al. S.J.R. No. 14 |
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2 | 2 | | (Anderson of McLennan, Pickett, McClendon, Farias, |
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3 | 3 | | Lozano) |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | proposing a constitutional amendment authorizing the legislature |
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7 | 7 | | to provide for an exemption from ad valorem taxation of all or part |
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8 | 8 | | of the market value of the residence homestead of the surviving |
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9 | 9 | | spouse of a 100 percent or totally disabled veteran. |
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10 | 10 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 1-b, Article VIII, Texas Constitution, |
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12 | 12 | | is amended by adding Subsections (j) and (k) to read as follows: |
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13 | 13 | | (j) The legislature by general law may provide that the |
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14 | 14 | | surviving spouse of a 100 percent or totally disabled veteran who |
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15 | 15 | | qualified for an exemption in accordance with Subsection (i) of |
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16 | 16 | | this section from ad valorem taxation of all or part of the market |
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17 | 17 | | value of the disabled veteran's residence homestead when the |
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18 | 18 | | disabled veteran died is entitled to an exemption from ad valorem |
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19 | 19 | | taxation of the same portion of the market value of the same |
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20 | 20 | | property to which the disabled veteran's exemption applied if: |
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21 | 21 | | (1) the surviving spouse has not remarried since the |
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22 | 22 | | death of the disabled veteran; and |
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23 | 23 | | (2) the property: |
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24 | 24 | | (A) was the residence homestead of the surviving |
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25 | 25 | | spouse when the disabled veteran died; and |
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26 | 26 | | (B) remains the residence homestead of the |
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27 | 27 | | surviving spouse. |
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28 | 28 | | (k) The legislature by general law may provide that if a |
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29 | 29 | | surviving spouse who qualifies for an exemption in accordance with |
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30 | 30 | | Subsection (j) of this section subsequently qualifies a different |
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31 | 31 | | property as the surviving spouse's residence homestead, the |
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32 | 32 | | surviving spouse is entitled to an exemption from ad valorem |
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33 | 33 | | taxation of the subsequently qualified homestead in an amount equal |
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34 | 34 | | to the dollar amount of the exemption from ad valorem taxation of |
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35 | 35 | | the former homestead in accordance with Subsection (j) of this |
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36 | 36 | | section in the last year in which the surviving spouse received an |
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37 | 37 | | exemption in accordance with that subsection for that homestead if |
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38 | 38 | | the surviving spouse has not remarried since the death of the |
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39 | 39 | | disabled veteran. |
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40 | 40 | | SECTION 2. The following temporary provision is added to |
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41 | 41 | | the Texas Constitution: |
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42 | 42 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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43 | 43 | | to the constitutional amendment proposed by the 82nd Legislature, |
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44 | 44 | | Regular Session, 2011, authorizing the legislature to provide for |
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45 | 45 | | an exemption from ad valorem taxation of all or part of the market |
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46 | 46 | | value of the residence homestead of the surviving spouse of a 100 |
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47 | 47 | | percent or totally disabled veteran. |
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48 | 48 | | (b) Sections 1-b(j) and (k), Article VIII, of this |
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49 | 49 | | constitution take effect January 1, 2012, and apply only to a tax |
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50 | 50 | | year beginning on or after that date. |
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51 | 51 | | (c) This temporary provision expires January 1, 2013. |
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52 | 52 | | SECTION 3. This proposed constitutional amendment shall be |
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53 | 53 | | submitted to the voters at an election to be held November 8, 2011. |
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54 | 54 | | The ballot shall be printed to permit voting for or against the |
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55 | 55 | | proposition: "The constitutional amendment authorizing the |
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56 | 56 | | legislature to provide for an exemption from ad valorem taxation of |
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57 | 57 | | all or part of the market value of the residence homestead of the |
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58 | 58 | | surviving spouse of a 100 percent or totally disabled veteran." |
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