| 1 | 1 | | 83R8214 TJB-F |
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| 2 | 2 | | By: Rodriguez of Travis H.J.R. No. 138 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A JOINT RESOLUTION |
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| 6 | 6 | | proposing a constitutional amendment authorizing the governing |
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| 7 | 7 | | body of a political subdivision to adopt a local option residence |
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| 8 | 8 | | homestead exemption from ad valorem taxation of a portion, |
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| 9 | 9 | | expressed as a dollar amount, of the market value of an individual's |
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| 10 | 10 | | residence homestead. |
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| 11 | 11 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 1-b(e), Article VIII, Texas |
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| 13 | 13 | | Constitution, is amended to read as follows: |
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| 14 | 14 | | (e) The governing body of a political subdivision[, other |
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| 15 | 15 | | than a county education district,] may exempt from ad valorem |
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| 16 | 16 | | taxation a percentage of the market value of the residence |
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| 17 | 17 | | homestead of a married or unmarried adult, including one living |
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| 18 | 18 | | alone. [In the manner provided by law, the voters of a county |
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| 19 | 19 | | education district at an election held for that purpose may exempt |
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| 20 | 20 | | from ad valorem taxation a percentage of the market value of the |
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| 21 | 21 | | residence homestead of a married or unmarried adult, including one |
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| 22 | 22 | | living alone.] The percentage may not exceed twenty percent. |
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| 23 | 23 | | However, the amount of a percentage [an] exemption authorized |
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| 24 | 24 | | pursuant to this subsection may not be less than [Five Thousand |
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| 25 | 25 | | Dollars (]$5,000[)] unless the legislature by general law |
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| 26 | 26 | | prescribes other monetary restrictions on the amount of the |
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| 27 | 27 | | exemption. As an alternative, the governing body of the political |
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| 28 | 28 | | subdivision may exempt from ad valorem taxation a portion, |
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| 29 | 29 | | expressed as a dollar amount, of the market value of the residence |
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| 30 | 30 | | homestead of a married or unmarried adult, including one living |
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| 31 | 31 | | alone. The amount of the alternative exemption may not be less than |
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| 32 | 32 | | $5,000. An eligible adult is entitled to receive other applicable |
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| 33 | 33 | | exemptions provided by law. Where ad valorem tax has previously |
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| 34 | 34 | | been pledged for the payment of debt, the governing body of a |
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| 35 | 35 | | political subdivision may continue to levy and collect the tax |
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| 36 | 36 | | against the value of the homesteads exempted under this subsection |
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| 37 | 37 | | until the debt is discharged if the cessation of the levy would |
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| 38 | 38 | | impair the obligation of the contract by which the debt was created. |
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| 39 | 39 | | The legislature by general law may prescribe procedures for the |
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| 40 | 40 | | administration of residence homestead exemptions. The legislature |
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| 41 | 41 | | may not provide formulas to protect a school district against all or |
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| 42 | 42 | | part of the revenue loss incurred by the school district that |
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| 43 | 43 | | results from the adoption by the governing body of the school |
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| 44 | 44 | | district of the alternative exemption under this subsection. |
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| 45 | 45 | | SECTION 2. The following temporary provision is added to |
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| 46 | 46 | | the Texas Constitution: |
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| 47 | 47 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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| 48 | 48 | | to the constitutional amendment proposed by the 83rd Legislature, |
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| 49 | 49 | | Regular Session, 2013, authorizing the governing body of a |
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| 50 | 50 | | political subdivision to adopt a local option residence homestead |
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| 51 | 51 | | exemption from ad valorem taxation of a portion, expressed as a |
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| 52 | 52 | | dollar amount, of the market value of an individual's residence |
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| 53 | 53 | | homestead. |
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| 54 | 54 | | (b) The amendment to Section 1-b(e), Article VIII, of this |
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| 55 | 55 | | constitution takes effect beginning with the tax year that begins |
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| 56 | 56 | | January 1, 2014. |
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| 57 | 57 | | (c) This temporary provision expires January 1, 2015. |
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| 58 | 58 | | SECTION 3. This proposed constitutional amendment shall be |
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| 59 | 59 | | submitted to the voters at an election to be held November 5, 2013. |
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| 60 | 60 | | The ballot shall be printed to permit voting for or against the |
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| 61 | 61 | | proposition: "The constitutional amendment authorizing the |
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| 62 | 62 | | governing body of a political subdivision to adopt a local option |
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| 63 | 63 | | residence homestead exemption from ad valorem taxation of a |
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| 64 | 64 | | portion, expressed as a dollar amount, of the market value of an |
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| 65 | 65 | | individual's residence homestead." |
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