1 | 1 | | 84R12529 TJB-D |
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2 | 2 | | By: Bell H.J.R. No. 127 |
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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 legislature |
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7 | 7 | | to provide for an exemption from ad valorem taxation of part of the |
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8 | 8 | | market value of the residence homestead of a partially disabled |
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9 | 9 | | veteran or the surviving spouse of a partially disabled veteran if |
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10 | 10 | | the residence homestead was donated to the partially disabled |
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11 | 11 | | veteran by a charitable organization for less than the market value |
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12 | 12 | | of the residence homestead or if the charitable organization |
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13 | 13 | | donated all or part of the purchase price of the residence homestead |
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14 | 14 | | to the partially disabled veteran and harmonizing certain related |
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15 | 15 | | provisions of the Texas Constitution. |
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16 | 16 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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17 | 17 | | SECTION 1. Section 1-b(j), Article VIII, Texas |
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18 | 18 | | Constitution, is amended to read as follows: |
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19 | 19 | | (j) The legislature by general law may provide that the |
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20 | 20 | | surviving spouse of a disabled veteran who qualified for an |
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21 | 21 | | exemption in accordance with Subsection (i), [or] (l), or (l-1) of |
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22 | 22 | | this section from ad valorem taxation of all or part of the market |
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23 | 23 | | value of the disabled veteran's residence homestead when the |
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24 | 24 | | disabled veteran died is entitled to an exemption from ad valorem |
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25 | 25 | | taxation of the same portion of the market value of the same |
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26 | 26 | | property to which the disabled veteran's exemption applied if: |
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27 | 27 | | (1) the surviving spouse has not remarried since the |
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28 | 28 | | death of the disabled veteran; and |
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29 | 29 | | (2) the property: |
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30 | 30 | | (A) was the residence homestead of the surviving |
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31 | 31 | | spouse when the disabled veteran died; and |
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32 | 32 | | (B) remains the residence homestead of the |
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33 | 33 | | surviving spouse. |
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34 | 34 | | SECTION 2. Section 1-b(l), Article VIII, Texas |
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35 | 35 | | Constitution, as proposed by H.J.R. 24, 83rd Legislature, Regular |
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36 | 36 | | Session, 2013, is amended to read as follows: |
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37 | 37 | | (l) The legislature by general law may provide that a |
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38 | 38 | | partially disabled veteran is entitled to an exemption from ad |
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39 | 39 | | valorem taxation of a percentage of the market value of the disabled |
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40 | 40 | | veteran's residence homestead that is equal to the percentage of |
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41 | 41 | | disability of the disabled veteran if the residence homestead was |
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42 | 42 | | donated to the disabled veteran by a charitable organization for |
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43 | 43 | | less than the market value of the residence homestead, including at |
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44 | 44 | | no cost to the disabled veteran. The legislature by general law may |
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45 | 45 | | provide additional eligibility requirements for the exemption. |
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46 | 46 | | [For purposes of this subsection, "partially disabled veteran" |
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47 | 47 | | means a disabled veteran as described by Section 2(b) of this |
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48 | 48 | | article who is certified as having a disability rating of less than |
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49 | 49 | | 100 percent. A limitation or restriction on a disabled veteran's |
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50 | 50 | | entitlement to an exemption under Section 2(b) of this article, or |
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51 | 51 | | on the amount of an exemption under Section 2(b), does not apply to |
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52 | 52 | | an exemption under this subsection.] |
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53 | 53 | | SECTION 3. Section 1-b, Article VIII, Texas Constitution, |
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54 | 54 | | is amended by adding Subsections (l-1), (l-2), and (l-3) to read as |
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55 | 55 | | follows: |
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56 | 56 | | (l-1) The legislature by general law may provide that a |
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57 | 57 | | partially disabled veteran is entitled to an exemption from ad |
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58 | 58 | | valorem taxation of a portion of the market value of the disabled |
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59 | 59 | | veteran's residence homestead equal to the dollar amount of a |
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60 | 60 | | donation made to the disabled veteran by a charitable organization |
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61 | 61 | | for the purpose of purchasing the residence homestead if the |
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62 | 62 | | donation is used by the disabled veteran for that purpose. The |
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63 | 63 | | legislature by general law may provide additional eligibility |
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64 | 64 | | requirements for the exemption. |
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65 | 65 | | (l-2) For purposes of this section, "partially disabled |
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66 | 66 | | veteran" means a disabled veteran as described by Section 2(b) of |
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67 | 67 | | this article who is certified as having a disability rating of less |
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68 | 68 | | than 100 percent. |
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69 | 69 | | (l-3) A limitation or restriction on a disabled veteran's |
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70 | 70 | | entitlement to an exemption under Section 2(b) of this article, or |
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71 | 71 | | on the amount of an exemption under Section 2(b), does not apply to |
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72 | 72 | | an exemption under Subsection (l) or (l-1) of this section. |
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73 | 73 | | SECTION 4. Section 1-b(l), Article VIII, Texas |
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74 | 74 | | Constitution, as proposed by H.J.R. 62, 83rd Legislature, Regular |
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75 | 75 | | Session, 2013, is redesignated as Section 1-b(m), Article VIII, |
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76 | 76 | | Texas Constitution, to read as follows: |
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77 | 77 | | (m) [(l)] The legislature by general law may provide that |
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78 | 78 | | the surviving spouse of a member of the armed services of the United |
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79 | 79 | | States who is killed in action is entitled to an exemption from ad |
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80 | 80 | | valorem taxation of all or part of the market value of the surviving |
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81 | 81 | | spouse's residence homestead if the surviving spouse has not |
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82 | 82 | | remarried since the death of the member of the armed services. |
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83 | 83 | | SECTION 5. Section 1-b(m), Article VIII, Texas |
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84 | 84 | | Constitution, is redesignated as Section 1-b(n), Article VIII, |
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85 | 85 | | Texas Constitution, and amended to read as follows: |
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86 | 86 | | (n) [(m)] The legislature by general law may provide that a |
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87 | 87 | | surviving spouse who qualifies for and receives an exemption in |
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88 | 88 | | accordance with Subsection (m) [(l)] of this section and who |
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89 | 89 | | subsequently qualifies a different property as the surviving |
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90 | 90 | | spouse's residence homestead is entitled to an exemption from ad |
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91 | 91 | | valorem taxation of the subsequently qualified homestead in an |
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92 | 92 | | amount equal to the dollar amount of the exemption from ad valorem |
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93 | 93 | | taxation of the first homestead for which the exemption was |
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94 | 94 | | received in accordance with Subsection (m) [(l)] of this section in |
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95 | 95 | | the last year in which the surviving spouse received the exemption |
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96 | 96 | | in accordance with that subsection for that homestead if the |
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97 | 97 | | surviving spouse has not remarried since the death of the member of |
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98 | 98 | | the armed services. |
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99 | 99 | | SECTION 6. This proposed constitutional amendment shall be |
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100 | 100 | | submitted to the voters at an election to be held November 3, 2015. |
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101 | 101 | | The ballot shall be printed to permit voting for or against the |
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102 | 102 | | proposition: "The constitutional amendment authorizing the |
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103 | 103 | | legislature to provide for an exemption from ad valorem taxation of |
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104 | 104 | | part of the market value of the residence homestead of a partially |
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105 | 105 | | disabled veteran or the surviving spouse of a partially disabled |
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106 | 106 | | veteran if the residence homestead was donated to the partially |
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107 | 107 | | disabled veteran by a charitable organization for less than the |
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108 | 108 | | market value of the residence homestead or if the charitable |
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109 | 109 | | organization donated all or part of the purchase price of the |
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110 | 110 | | residence homestead to the partially disabled veteran and |
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111 | 111 | | harmonizing certain related provisions of the Texas Constitution." |
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