1 | 1 | | 85S10049 SMT-D |
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2 | 2 | | By: Bohac H.J.R. No. 20 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A JOINT RESOLUTION |
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6 | 6 | | proposing a constitutional amendment authorizing the legislature |
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7 | 7 | | to provide for an exemption from ad valorem taxation of all or part |
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8 | 8 | | of the market value of the residence homestead of a Purple Heart |
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9 | 9 | | recipient or the surviving spouse of a Purple Heart recipient. |
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10 | 10 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 1-b, Article VIII, Texas Constitution, |
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12 | 12 | | is amended by adding Subsections (q), (r), and (s) to read as |
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13 | 13 | | follows: |
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14 | 14 | | (q) The legislature by general law may exempt from ad |
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15 | 15 | | valorem taxation all or part of the market value of the residence |
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16 | 16 | | homestead of a Purple Heart recipient. The legislature by general |
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17 | 17 | | law may define "Purple Heart recipient" for purposes of this |
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18 | 18 | | section and may provide additional eligibility requirements for the |
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19 | 19 | | exemption authorized by this subsection. |
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20 | 20 | | (r) The legislature by general law may provide that the |
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21 | 21 | | surviving spouse of a Purple Heart recipient who qualified for an |
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22 | 22 | | exemption in accordance with Subsection (q) of this section from ad |
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23 | 23 | | valorem taxation of all or part of the market value of the Purple |
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24 | 24 | | Heart recipient's residence homestead when the Purple Heart |
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25 | 25 | | recipient died is entitled to an exemption from ad valorem taxation |
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26 | 26 | | of the same portion of the market value of the same property to |
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27 | 27 | | which the Purple Heart recipient's exemption applied if: |
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28 | 28 | | (1) the surviving spouse has not remarried since the |
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29 | 29 | | death of the Purple Heart recipient; and |
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30 | 30 | | (2) the property: |
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31 | 31 | | (A) was the residence homestead of the surviving |
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32 | 32 | | spouse when the Purple Heart recipient died; and |
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33 | 33 | | (B) remains the residence homestead of the |
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34 | 34 | | surviving spouse. |
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35 | 35 | | (s) The legislature by general law may provide that if a |
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36 | 36 | | surviving spouse who qualifies for an exemption in accordance with |
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37 | 37 | | Subsection (r) of this section subsequently qualifies a different |
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38 | 38 | | property as the surviving spouse's residence homestead, the |
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39 | 39 | | surviving spouse is entitled to an exemption from ad valorem |
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40 | 40 | | taxation of the subsequently qualified homestead in an amount equal |
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41 | 41 | | to the dollar amount of the exemption from ad valorem taxation of |
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42 | 42 | | the former homestead in accordance with Subsection (r) of this |
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43 | 43 | | section in the last year in which the surviving spouse received an |
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44 | 44 | | exemption in accordance with that subsection for that homestead if |
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45 | 45 | | the surviving spouse has not remarried since the death of the Purple |
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46 | 46 | | Heart recipient. |
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47 | 47 | | SECTION 2. The following temporary provision is added to |
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48 | 48 | | the Texas Constitution: |
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49 | 49 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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50 | 50 | | to the constitutional amendment proposed by the 85th Legislature, |
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51 | 51 | | 1st Called Session, 2017, authorizing the legislature to exempt |
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52 | 52 | | from ad valorem taxation all or part of the market value of the |
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53 | 53 | | residence homestead of a Purple Heart recipient or the surviving |
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54 | 54 | | spouse of a Purple Heart recipient. |
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55 | 55 | | (b) Sections 1-b(q), (r), and (s), Article VIII, of this |
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56 | 56 | | constitution take effect January 1, 2018, and apply only to ad |
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57 | 57 | | valorem taxes imposed for a tax year beginning on or after that |
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58 | 58 | | date. |
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59 | 59 | | (c) This temporary provision expires January 1, 2019. |
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60 | 60 | | SECTION 3. This proposed constitutional amendment shall be |
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61 | 61 | | submitted to the voters at an election to be held November 7, 2017. |
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62 | 62 | | The ballot shall be printed to permit voting for or against the |
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63 | 63 | | proposition: "The constitutional amendment authorizing the |
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64 | 64 | | legislature to provide for an exemption from ad valorem taxation of |
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65 | 65 | | all or part of the market value of the residence homestead of a |
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66 | 66 | | Purple Heart recipient or the surviving spouse of a Purple Heart |
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67 | 67 | | recipient." |
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