Texas 2015 - 84th Regular

Texas House Bill HJR127 Compare Versions

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11 84R12529 TJB-D
22 By: Bell H.J.R. No. 127
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55 A JOINT RESOLUTION
66 proposing a constitutional amendment authorizing the legislature
77 to provide for an exemption from ad valorem taxation of part of the
88 market value of the residence homestead of a partially disabled
99 veteran or the surviving spouse of a partially disabled veteran if
1010 the residence homestead was donated to the partially disabled
1111 veteran by a charitable organization for less than the market value
1212 of the residence homestead or if the charitable organization
1313 donated all or part of the purchase price of the residence homestead
1414 to the partially disabled veteran and harmonizing certain related
1515 provisions of the Texas Constitution.
1616 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1717 SECTION 1. Section 1-b(j), Article VIII, Texas
1818 Constitution, is amended to read as follows:
1919 (j) The legislature by general law may provide that the
2020 surviving spouse of a disabled veteran who qualified for an
2121 exemption in accordance with Subsection (i), [or] (l), or (l-1) of
2222 this section from ad valorem taxation of all or part of the market
2323 value of the disabled veteran's residence homestead when the
2424 disabled veteran died is entitled to an exemption from ad valorem
2525 taxation of the same portion of the market value of the same
2626 property to which the disabled veteran's exemption applied if:
2727 (1) the surviving spouse has not remarried since the
2828 death of the disabled veteran; and
2929 (2) the property:
3030 (A) was the residence homestead of the surviving
3131 spouse when the disabled veteran died; and
3232 (B) remains the residence homestead of the
3333 surviving spouse.
3434 SECTION 2. Section 1-b(l), Article VIII, Texas
3535 Constitution, as proposed by H.J.R. 24, 83rd Legislature, Regular
3636 Session, 2013, is amended to read as follows:
3737 (l) The legislature by general law may provide that a
3838 partially disabled veteran is entitled to an exemption from ad
3939 valorem taxation of a percentage of the market value of the disabled
4040 veteran's residence homestead that is equal to the percentage of
4141 disability of the disabled veteran if the residence homestead was
4242 donated to the disabled veteran by a charitable organization for
4343 less than the market value of the residence homestead, including at
4444 no cost to the disabled veteran. The legislature by general law may
4545 provide additional eligibility requirements for the exemption.
4646 [For purposes of this subsection, "partially disabled veteran"
4747 means a disabled veteran as described by Section 2(b) of this
4848 article who is certified as having a disability rating of less than
4949 100 percent. A limitation or restriction on a disabled veteran's
5050 entitlement to an exemption under Section 2(b) of this article, or
5151 on the amount of an exemption under Section 2(b), does not apply to
5252 an exemption under this subsection.]
5353 SECTION 3. Section 1-b, Article VIII, Texas Constitution,
5454 is amended by adding Subsections (l-1), (l-2), and (l-3) to read as
5555 follows:
5656 (l-1) The legislature by general law may provide that a
5757 partially disabled veteran is entitled to an exemption from ad
5858 valorem taxation of a portion of the market value of the disabled
5959 veteran's residence homestead equal to the dollar amount of a
6060 donation made to the disabled veteran by a charitable organization
6161 for the purpose of purchasing the residence homestead if the
6262 donation is used by the disabled veteran for that purpose. The
6363 legislature by general law may provide additional eligibility
6464 requirements for the exemption.
6565 (l-2) For purposes of this section, "partially disabled
6666 veteran" means a disabled veteran as described by Section 2(b) of
6767 this article who is certified as having a disability rating of less
6868 than 100 percent.
6969 (l-3) A limitation or restriction on a disabled veteran's
7070 entitlement to an exemption under Section 2(b) of this article, or
7171 on the amount of an exemption under Section 2(b), does not apply to
7272 an exemption under Subsection (l) or (l-1) of this section.
7373 SECTION 4. Section 1-b(l), Article VIII, Texas
7474 Constitution, as proposed by H.J.R. 62, 83rd Legislature, Regular
7575 Session, 2013, is redesignated as Section 1-b(m), Article VIII,
7676 Texas Constitution, to read as follows:
7777 (m) [(l)] The legislature by general law may provide that
7878 the surviving spouse of a member of the armed services of the United
7979 States who is killed in action is entitled to an exemption from ad
8080 valorem taxation of all or part of the market value of the surviving
8181 spouse's residence homestead if the surviving spouse has not
8282 remarried since the death of the member of the armed services.
8383 SECTION 5. Section 1-b(m), Article VIII, Texas
8484 Constitution, is redesignated as Section 1-b(n), Article VIII,
8585 Texas Constitution, and amended to read as follows:
8686 (n) [(m)] The legislature by general law may provide that a
8787 surviving spouse who qualifies for and receives an exemption in
8888 accordance with Subsection (m) [(l)] of this section and who
8989 subsequently qualifies a different property as the surviving
9090 spouse's residence homestead is entitled to an exemption from ad
9191 valorem taxation of the subsequently qualified homestead in an
9292 amount equal to the dollar amount of the exemption from ad valorem
9393 taxation of the first homestead for which the exemption was
9494 received in accordance with Subsection (m) [(l)] of this section in
9595 the last year in which the surviving spouse received the exemption
9696 in accordance with that subsection for that homestead if the
9797 surviving spouse has not remarried since the death of the member of
9898 the armed services.
9999 SECTION 6. This proposed constitutional amendment shall be
100100 submitted to the voters at an election to be held November 3, 2015.
101101 The ballot shall be printed to permit voting for or against the
102102 proposition: "The constitutional amendment authorizing the
103103 legislature to provide for an exemption from ad valorem taxation of
104104 part of the market value of the residence homestead of a partially
105105 disabled veteran or the surviving spouse of a partially disabled
106106 veteran if the residence homestead was donated to the partially
107107 disabled veteran by a charitable organization for less than the
108108 market value of the residence homestead or if the charitable
109109 organization donated all or part of the purchase price of the
110110 residence homestead to the partially disabled veteran and
111111 harmonizing certain related provisions of the Texas Constitution."