85R9843 SMH-D
By: Swanson H.J.R. No. 71
A JOINT RESOLUTION
proposing a constitutional amendment to exempt from ad valorem
taxation the total market value of the residence homesteads of
certain elderly persons and their surviving spouses.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1-b, Article VIII, Texas Constitution,
is amended by adding Subsection (n) to read as follows:
(n) A person is entitled to an exemption from ad valorem
taxation of the total market value of the person's residence
homestead if the person is 75 years of age or older. The surviving
spouse of a person who received an exemption under this subsection
for the residence homestead of a person 75 years of age or older is
entitled to an exemption from ad valorem taxation of the total
market value of the same property if the deceased spouse died in a
year in which the deceased spouse received the exemption, the
surviving spouse was 55 years of age or older when the deceased
spouse died, and the property was the residence homestead of the
surviving spouse when the deceased spouse died and remains the
residence homestead of the surviving spouse. Where ad valorem tax
of a political subdivision has previously been pledged for the
payment of debt, the taxing officers of the political subdivision
may continue to levy and collect the tax against the value of
residence 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. The
legislature shall provide for formulas to protect school districts
against all or part of the revenue loss incurred by the
implementation of this subsection. The legislature by general law
may prescribe procedures for the administration of this 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 85th Legislature,
Regular Session, 2017, to exempt from ad valorem taxation the total
market value of the residence homesteads of certain elderly persons
and their surviving spouses.
(b) Section 1-b(n), Article VIII, of this constitution
takes effect January 1, 2018.
(c) This temporary provision expires January 1, 2019.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 7, 2017.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment to exempt from ad
valorem taxation the total market value of the residence homestead
of a person 75 years of age or older or the person's surviving
spouse."