Texas 2015 - 84th Regular

Texas Senate Bill SJR20 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R31343 SMH-D
2	2	By: Watson S.J.R. No. 20
3	3	(Rodriguez of Travis)
4	4	Substitute the following for S.J.R. No. 20: No.
5	5
6	6
7	7	A JOINT RESOLUTION
8	8	proposing a constitutional amendment authorizing the governing
9	9	body of a political subdivision other than a school district to
10	10	adopt an exemption from ad valorem taxation of a portion, expressed
11	11	as a dollar amount, of the market value of an individual's residence
12	12	homestead and authorizing the legislature to prohibit the governing
13	13	body of any political subdivision that adopts an exemption from ad
14	14	valorem taxation of a portion, expressed as a percentage or a dollar
15	15	amount, of the market value of an individual's residence homestead
16	16	from reducing the amount of or repealing the exemption.
17	17	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18	18	SECTION 1. Section 1-b, Article VIII, Texas Constitution,
19	19	is amended by adding Subsections (n), (o), and (p) to read as
20	20	follows:
21	21	(n) The governing body of a political subdivision other than
22	22	a school district by official action may exempt from ad valorem
23	23	taxation a portion of the market value of the residence homestead of
24	24	an individual. The amount of the exemption is $5,000, except that
25	25	if the average market value of residence homesteads in the
26	26	political subdivision in the tax year in which the exemption is
27	27	adopted exceeds $25,000, the governing body may authorize an
28	28	exemption in a larger dollar amount not to exceed an amount equal to
29	29	20 percent of the average market value of residence homesteads in
30	30	the political subdivision in the tax year in which the exemption is
31	31	adopted. The legislature by general law shall specify the method
32	32	for computing the average market value of residence homesteads for
33	33	purposes of this subsection. Where ad valorem tax has previously
34	34	been pledged for the payment of debt, the governing body may
35	35	continue to levy and collect the tax against the value of the
36	36	homesteads exempted under this subsection until the debt is
37	37	discharged if the cessation of the levy would impair the obligation
38	38	of the contract by which the debt was created.
39	39	(o) The legislature by general law may prohibit the
40	40	governing body of any political subdivision that adopts an
41	41	exemption under Subsection (e) or (n) of this section from reducing
42	42	the amount of or repealing the exemption.
43	43	(p) This subsection applies only to a political subdivision
44	44	the governing body of which has ceased granting an exemption under
45	45	Subsection (e) of this section, if doing so is not prohibited by the
46	46	legislature by general law, and has adopted an exemption under
47	47	Subsection (n) of this section. An individual who would have been
48	48	entitled to an exemption from ad valorem taxation by the political
49	49	subdivision under Subsection (e) of this section had the governing
50	50	body not ceased granting an exemption under that subsection is
51	51	entitled to continue to receive an exemption under that subsection
52	52	in lieu of the exemption under Subsection (n) of this section if the
53	53	individual otherwise qualifies for the exemption under Subsection
54	54	(e) of this section and the amount of the exemption under that
55	55	subsection exceeds the amount of the exemption under Subsection (n)
56	56	of this section. The exemption applies only to property for which
57	57	the individual received an exemption under Subsection (e) of this
58	58	section in the last tax year in which the governing body granted an
59	59	exemption under that subsection. The exemption expires in the event
60	60	of a change in ownership of the property or, if the property is
61	61	owned by a trust and the trustor of the trust or a beneficiary of the
62	62	trust has the right to use and occupy the property as the trustor's
63	63	or beneficiary's principal residential property, there is a change
64	64	in the trustor or beneficiary of the trust, respectively.
65	65	SECTION 2. The following temporary provision is added to
66	66	the Texas Constitution:
67	67	TEMPORARY PROVISION. (a) This temporary provision applies
68	68	to the constitutional amendment proposed by the 84th Legislature,
69	69	Regular Session, 2015, authorizing the governing body of a
70	70	political subdivision other than a school district to adopt an
71	71	exemption from ad valorem taxation of a portion, expressed as a
72	72	dollar amount, of the market value of an individual's residence
73	73	homestead and authorizing the legislature to prohibit the governing
74	74	body of any political subdivision that adopts an exemption from ad
75	75	valorem taxation of a portion, expressed as a percentage or a dollar
76	76	amount, of the market value of an individual's residence homestead
77	77	from reducing the amount of or repealing the exemption.
78	78	(b) The amendments to Section 1-b, Article VIII, of this
79	79	constitution take effect beginning with the tax year that begins
80	80	January 1, 2016.
81	81	(c) This temporary provision expires January 1, 2017.
82	82	SECTION 3. This proposed constitutional amendment shall be
83	83	submitted to the voters at an election to be held November 3, 2015.
84	84	The ballot shall be printed to permit voting for or against the
85	85	proposition: "The constitutional amendment authorizing the
86	86	governing body of a political subdivision other than a school
87	87	district to adopt an exemption from ad valorem taxation of a
88	88	portion, expressed as a dollar amount, of the market value of an
89	89	individual's residence homestead and authorizing the legislature
90	90	to prohibit the governing body of any political subdivision that
91	91	adopts an exemption from ad valorem taxation of a portion,
92	92	expressed as a percentage or a dollar amount, of the market value of
93	93	an individual's residence homestead from reducing the amount of or
94	94	repealing the exemption."