Texas 2017 - 85th 1st C.S.

Texas House Bill HJR25 Compare Versions

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

Old	New	Differences
1	1	85S10247 SMH-D
2	2	By: Shine H.J.R. No. 25
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment authorizing the governing
7	7	body of a political subdivision other than a school district to
8	8	adopt an exemption from ad valorem taxation of a portion, expressed
9	9	as a dollar amount, of the market value of an individual's residence
10	10	homestead and authorizing the legislature to prohibit the governing
11	11	body of a political subdivision that adopts such an exemption from
12	12	reducing the amount of or repealing the exemption.
13	13	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 1-b, Article VIII, Texas Constitution,
15	15	is amended by adding Subsections (q) and (r) to read as follows:
16	16	(q) The governing body of a political subdivision other than
17	17	a school district by official action may exempt from ad valorem
18	18	taxation a portion of the market value of the residence homestead of
19	19	an individual. The amount of the exemption is $5,000, except that
20	20	if the average market value of residence homesteads in the
21	21	political subdivision in the tax year in which the exemption is
22	22	adopted exceeds $25,000, the governing body may authorize an
23	23	exemption in a larger dollar amount not to exceed an amount equal to
24	24	20 percent of the average market value of residence homesteads in
25	25	the political subdivision in the tax year in which the exemption is
26	26	adopted. The legislature by general law shall specify the method
27	27	for computing the average market value of residence homesteads for
28	28	purposes of this subsection. Where ad valorem tax has previously
29	29	been pledged for the payment of debt, the governing body may
30	30	continue to levy and collect the tax against the value of the
31	31	homesteads exempted under this subsection until the debt is
32	32	discharged if the cessation of the levy would impair the obligation
33	33	of the contract by which the debt was created. The legislature by
34	34	general law may prohibit the governing body of a political
35	35	subdivision that adopts an exemption under this subsection from
36	36	reducing the amount of or repealing the exemption.
37	37	(r) This subsection applies only to a political subdivision
38	38	the governing body of which has ceased granting an exemption under
39	39	Subsection (e) of this section, if doing so is not prohibited by the
40	40	legislature by general law, and has adopted an exemption under
41	41	Subsection (q) of this section. An individual who would have been
42	42	entitled to an exemption from ad valorem taxation by the political
43	43	subdivision under Subsection (e) of this section had the governing
44	44	body not ceased granting an exemption under that subsection is
45	45	entitled to continue to receive an exemption under that subsection
46	46	in lieu of the exemption under Subsection (q) of this section if the
47	47	individual otherwise qualifies for the exemption under Subsection
48	48	(e) of this section and the amount of the exemption under that
49	49	subsection exceeds the amount of the exemption under Subsection (q)
50	50	of this section. The exemption applies only to property for which
51	51	the individual received an exemption under Subsection (e) of this
52	52	section in the last tax year in which the governing body granted an
53	53	exemption under that subsection. The exemption expires in the
54	54	event of a change in ownership of the property or, if the property
55	55	is owned by a trust and the trustor of the trust or a beneficiary of
56	56	the trust has the right to use and occupy the property as the
57	57	trustor's or beneficiary's principal residential property, there is
58	58	a change in the trustor or beneficiary of the trust, respectively.
59	59	SECTION 2. The following temporary provision is added to
60	60	the Texas Constitution:
61	61	TEMPORARY PROVISION. (a) This temporary provision applies
62	62	to the constitutional amendment proposed by the 85th Legislature,
63	63	1st Called Session, 2017, authorizing the governing body of a
64	64	political subdivision other than a school district to adopt an
65	65	exemption from ad valorem taxation of a portion, expressed as a
66	66	dollar amount, of the market value of an individual's residence
67	67	homestead and authorizing the legislature to prohibit the governing
68	68	body of a political subdivision that adopts such an exemption from
69	69	reducing the amount of or repealing the exemption.
70	70	(b) The amendments to Section 1-b, Article VIII, of this
71	71	constitution take effect beginning with the tax year that begins
72	72	January 1, 2018.
73	73	(c) This temporary provision expires January 1, 2019.
74	74	SECTION 3. This proposed constitutional amendment shall be
75	75	submitted to the voters at an election to be held November 7, 2017.
76	76	The ballot shall be printed to permit voting for or against the
77	77	proposition: "The constitutional amendment authorizing the
78	78	governing body of a political subdivision other than a school
79	79	district to adopt an exemption from ad valorem taxation of a
80	80	portion, expressed as a dollar amount, of the market value of an
81	81	individual's residence homestead and authorizing the legislature
82	82	to prohibit the governing body of a political subdivision that
83	83	adopts such an exemption from reducing the amount of or repealing
84	84	the exemption."