Texas 2015 - 84th Regular

Texas Senate Bill SJR46 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R7207 SMH-D
2	2	By: Menéndez S.J.R. No. 46
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment increasing the amount of the
7	7	residence homestead exemption from ad valorem taxation for public
8	8	school purposes, providing for the increase of the exemption amount
9	9	in subsequent years to reflect inflation in homestead values, and
10	10	providing for a reduction of the limitation on the total amount of
11	11	ad valorem taxes that may be imposed for those purposes on the
12	12	homestead of a disabled or elderly person to reflect the increased
13	13	exemption amounts.
14	14	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Sections 1-b(c) and (d), Article VIII, Texas
16	16	Constitution, are amended to read as follows:
17	17	(c) A portion [Fifteen Thousand Dollars ($15,000)] of the
18	18	market value of the residence homestead of a married or unmarried
19	19	adult, including one living alone, is exempt from ad valorem
20	20	taxation for general elementary and secondary public school
21	21	purposes. For the 2016 tax year, the amount of the exemption is
22	22	$35,000. For each subsequent tax year, the amount of the exemption
23	23	shall be calculated by the Comptroller of Public Accounts by
24	24	multiplying the amount of the exemption under this subsection for
25	25	the preceding tax year by the residence homestead inflation rate,
26	26	as defined by general law, and adding that amount to the amount of
27	27	that exemption for the preceding tax year. Each appraisal office
28	28	shall use the amount of the exemption as calculated by the
29	29	comptroller to determine the assessed value of residence homesteads
30	30	appraised by that appraisal office for ad valorem taxation for
31	31	general elementary and secondary public school purposes. The
32	32	legislature by general law may provide that all or part of the
33	33	exemption does not apply to a district or political subdivision
34	34	that imposes ad valorem taxes for public education purposes but is
35	35	not the principal school district providing general elementary and
36	36	secondary public education throughout its territory. In addition
37	37	to this exemption, the legislature by general law may exempt an
38	38	amount not to exceed [Ten Thousand Dollars (]$10,000[)] of the
39	39	market value of the residence homestead of a person who is disabled
40	40	as defined in Subsection (b) of this section and of a person
41	41	[sixty-five (]65[)] years of age or older from ad valorem taxation
42	42	for general elementary and secondary public school purposes. The
43	43	legislature by general law may base the amount of and condition
44	44	eligibility for the additional exemption authorized by this
45	45	subsection for disabled persons and for persons [sixty-five (]65[)]
46	46	years of age or older on economic need. An eligible disabled person
47	47	who is [sixty-five (]65[)] years of age or older may not receive
48	48	both exemptions from a school district but may choose either. An
49	49	eligible person is entitled to receive both the exemption required
50	50	by this subsection for all residence homesteads and any exemption
51	51	adopted pursuant to Subsection (b) of this section, but the
52	52	legislature shall provide by general law whether an eligible
53	53	disabled or elderly person may receive both the additional
54	54	exemption for the elderly and disabled authorized by this
55	55	subsection and any exemption for the elderly or disabled adopted
56	56	pursuant to Subsection (b) of this section. Where ad valorem tax
57	57	has previously been pledged for the payment of debt, the taxing
58	58	officers of a school district may continue to levy and collect the
59	59	tax against the value of homesteads exempted under this subsection
60	60	until the debt is discharged if the cessation of the levy would
61	61	impair the obligation of the contract by which the debt was created.
62	62	The legislature shall provide for formulas to protect school
63	63	districts against all or part of the revenue loss incurred by the
64	64	implementation of this subsection, Subsection (d) of this section,
65	65	and Section 1-d-1 of this article [Article VIII, Sections 1-b(c),
66	66	1-b(d), and 1-d-1, of this constitution]. The legislature by
67	67	general law may define residence homestead for purposes of this
68	68	section.
69	69	(d) Except as otherwise provided by this subsection, if a
70	70	person receives a residence homestead exemption prescribed by
71	71	Subsection (c) of this section for homesteads of persons who are
72	72	[sixty-five (]65[)] years of age or older or who are disabled, the
73	73	total amount of ad valorem taxes imposed on that homestead for
74	74	general elementary and secondary public school purposes may not be
75	75	increased while it remains the residence homestead of that person
76	76	or that person's spouse who receives the exemption. If a person
77	77	[sixty-five (]65[)] years of age or older dies in a year in which
78	78	the person received the exemption, the total amount of ad valorem
79	79	taxes imposed on the homestead for general elementary and secondary
80	80	public school purposes may not be increased while it remains the
81	81	residence homestead of that person's surviving spouse if the spouse
82	82	is [fifty-five (]55[)] years of age or older at the time of the
83	83	person's death, subject to any exceptions provided by general law.
84	84	The legislature, by general law, may provide for the transfer of all
85	85	or a proportionate amount of a limitation provided by this
86	86	subsection for a person who qualifies for the limitation and
87	87	establishes a different residence homestead. However, taxes
88	88	otherwise limited by this subsection may be increased to the extent
89	89	the value of the homestead is increased by improvements other than
90	90	repairs or improvements made to comply with governmental
91	91	requirements and except as may be consistent with the transfer of a
92	92	limitation under this subsection. For a residence homestead
93	93	subject to the limitation provided by this subsection in the 1996
94	94	tax year or an earlier tax year, the legislature shall provide for a
95	95	reduction in the amount of the limitation for the 1997 tax year and
96	96	subsequent tax years in an amount equal to $10,000 multiplied by the
97	97	1997 tax rate for general elementary and secondary public school
98	98	purposes applicable to the residence homestead. For a residence
99	99	homestead subject to the limitation provided by this subsection in
100	100	the 2015 tax year or an earlier tax year, the legislature shall
101	101	provide for a reduction in the amount of the limitation for the 2016
102	102	tax year and subsequent tax years in an amount equal to $20,000
103	103	multiplied by the 2016 tax rate for general elementary and
104	104	secondary public school purposes applicable to the residence
105	105	homestead. For a residence homestead subject to the limitation
106	106	provided by this subsection in the tax year preceding a tax year in
107	107	which the amount of the exemption from ad valorem taxation for
108	108	general elementary and secondary public school purposes of a
109	109	portion of the market value of the residence homestead of a married
110	110	or unmarried adult provided by Subsection (c) of this section is
111	111	adjusted for inflation in residence homestead values, the
112	112	legislature shall provide for a reduction in the amount of the
113	113	limitation for the tax year in which the amount of the exemption is
114	114	adjusted and subsequent tax years in an amount equal to the amount
115	115	by which the amount of the exemption is increased multiplied by the
116	116	tax rate for general elementary and secondary public school
117	117	purposes applicable to the residence homestead for the tax year in
118	118	which the amount of the exemption is increased.
119	119	SECTION 2. The following temporary provision is added to
120	120	the Texas Constitution:
121	121	TEMPORARY PROVISION. (a) This temporary provision applies to
122	122	the constitutional amendment proposed by the 84th Legislature,
123	123	Regular Session, 2015, increasing the amount of the residence
124	124	homestead exemption from ad valorem taxation for public school
125	125	purposes, providing for the increase of the exemption amount in
126	126	subsequent years to reflect inflation in homestead values, and
127	127	providing for a reduction of the limitation on the total amount of
128	128	ad valorem taxes that may be imposed for those purposes on the
129	129	homestead of a disabled or elderly person to reflect the increased
130	130	exemption amounts.
131	131	(b) The amendment to Sections 1-b(c) and (d), Article VIII,
132	132	of this constitution takes effect January 1, 2016, and applies only
133	133	to a tax year beginning on or after that date.
134	134	(c) This temporary provision expires January 1, 2017.
135	135	SECTION 3. This proposed constitutional amendment shall be
136	136	submitted to the voters at an election to be held November 3, 2015.
137	137	The ballot shall be printed to permit voting for or against the
138	138	proposition: "The constitutional amendment increasing the amount
139	139	of the residence homestead exemption from ad valorem taxation for
140	140	public school purposes from $15,000 to $35,000, providing for the
141	141	increase of the exemption amount in subsequent years to reflect
142	142	inflation in homestead values, and providing for a reduction of the
143	143	limitation on the total amount of ad valorem taxes that may be
144	144	imposed for those purposes on the homestead of a disabled or elderly
145	145	person to reflect the increased exemption amounts."