By: Watson S.J.R. No. 20
SENATE JOINT RESOLUTION
proposing a constitutional amendment authorizing the governing
body of a political subdivision other than a school district to
adopt an exemption from ad valorem taxation of a portion, expressed
as a dollar amount, of the market value of an individual's residence
homestead.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1-b, Article VIII, Texas Constitution,
is amended by adding Subsections (n), (o), (p), and (q) to read as
follows:
(n) The governing body of a political subdivision other than
a school district by official action may exempt from ad valorem
taxation a portion of the market value of the residence homestead of
an individual. The amount of the exemption is $5,000 unless a
larger amount is specified by the governing body authorizing the
exemption. Where ad valorem tax has previously been pledged for the
payment of debt, the governing body may continue to levy and collect
the tax against the value of the homesteads exempted under this
subsection until the debt is discharged if the cessation of the levy
would impair the obligation of the contract by which the debt was
created.
(o) This subsection applies only to a political subdivision
to which Subsection (n) of this section applies the governing body
of which has not adopted an exemption under Subsection (e) of this
section. An individual is entitled to an exemption from ad valorem
taxation by the political subdivision under Subsection (n) of this
section as if the exemption were adopted by the governing body under
that subsection unless the governing body by official action elects
not to adopt an exemption under that subsection. The amount of the
exemption is $5,000 unless the governing body authorizes an
exemption in a larger amount as provided by Subsection (n) of this
section.
(p) The legislature by general law may prohibit the
governing body of a political subdivision that adopts an exemption
under Subsection (e) or (n) from reducing the amount of or repealing
the exemption.
(q) If the legislature by general law allows the governing
body of a political subdivision to repeal an exemption under
Subsection (e) of this section and the governing body of a political
subdivision has adopted an exemption under Subsection (n) of this
section, an individual who would have been entitled to an exemption
from ad valorem taxation by the political subdivision under
Subsection (e) of this section had the governing body not ceased
granting an exemption under that subsection is entitled to continue
to receive an exemption under that subsection in lieu of the
exemption under Subsection (n) of this section if the individual
otherwise qualifies for the exemption under Subsection (e) of this
section and the amount of the exemption under that subsection as
calculated under this subsection exceeds the amount of the
exemption under Subsection (n) of this section. The exemption
applies only to property for which the individual received an
exemption under Subsection (e) of this section in the last tax year
in which the governing body granted an exemption under that
subsection. Notwithstanding Subsection (e) of this section, the
amount of the exemption is the dollar amount of the exemption that
the individual received under that subsection in the last tax year
in which the governing body granted an exemption under that
subsection.
SECTION 2. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by the 84th Legislature,
Regular Session, 2015, authorizing the governing body of a
political subdivision other than a school district to adopt an
exemption from ad valorem taxation of a portion, expressed as a
dollar amount, of the market value of an individual's residence
homestead.
(b) The amendments to Section 1-b, Article VIII, of this
constitution take effect beginning with the tax year that begins
January 1, 2016.
(c) This temporary provision expires January 1, 2017.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 3, 2015.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment authorizing the
governing body of a political subdivision other than a school
district to adopt an exemption from ad valorem taxation of a
portion, expressed as a dollar amount, of the market value of an
individual's residence homestead."