Texas 2017 - 85th 1st C.S.

Texas House Bill HJR32 Compare Versions

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

Old	New	Differences
1	1	85S10646 CJC/MEW-D
2	2	By: Raymond H.J.R. No. 32
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment to appropriate money from the
7	7	economic stabilization fund to the foundation school fund and use
8	8	the money to finance a temporary increase in the amount of the
9	9	exemption of residence homesteads from ad valorem taxation by a
10	10	school district and a temporary reduction in the amount of the
11	11	limitation on school district ad valorem taxes imposed on the
12	12	residence homesteads of the elderly or disabled to reflect the
13	13	increased exemption amount.
14	14	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 49-g, Article III, Texas Constitution,
16	16	is amended by adding Subsection (p) to read as follows:
17	17	(p) On December 1, 2017, $3.05 billion of the unobligated
18	18	and otherwise unappropriated balance of the economic stabilization
19	19	fund is appropriated to the foundation school fund to finance a
20	20	temporary increase in the amount of the exemption of residence
21	21	homesteads from ad valorem taxation for general elementary and
22	22	secondary public school purposes under Section 1-b(c), Article
23	23	VIII, of this constitution, and a temporary reduction in the amount
24	24	of the limitation on the total amount of ad valorem taxes for
25	25	general elementary and secondary public school purposes imposed on
26	26	the residence homesteads of the elderly or disabled under Section
27	27	1-b(d), Article VIII, of this constitution to reflect the increased
28	28	exemption amount. This subsection expires December 31, 2018.
29	29	SECTION 2. Sections 1-b(c) and (d), Article VIII, Texas
30	30	Constitution, are amended to read as follows:
31	31	(c) Except as otherwise provided by this subsection, the
32	32	[The] amount of $25,000 of the market value of the residence
33	33	homestead of a married or unmarried adult, including one living
34	34	alone, is exempt from ad valorem taxation for general elementary
35	35	and secondary public school purposes. For the 2018 tax year, the
36	36	amount of $71,000 of the market value of the residence homestead of
37	37	such a person is exempt from ad valorem taxation for those purposes.
38	38	The legislature by general law may provide that all or part of the
39	39	exemption does not apply to a district or political subdivision
40	40	that imposes ad valorem taxes for public education purposes but is
41	41	not the principal school district providing general elementary and
42	42	secondary public education throughout its territory. In addition
43	43	to this exemption, the legislature by general law may exempt an
44	44	amount not to exceed $10,000 of the market value of the residence
45	45	homestead of a person who is disabled as defined in Subsection (b)
46	46	of this section and of a person 65 years of age or older from ad
47	47	valorem taxation for general elementary and secondary public school
48	48	purposes. The legislature by general law may base the amount of and
49	49	condition eligibility for the additional exemption authorized by
50	50	this subsection for disabled persons and for persons 65 years of age
51	51	or older on economic need. An eligible disabled person who is 65
52	52	years of age or older may not receive both exemptions from a school
53	53	district but may choose either. An eligible person is entitled to
54	54	receive both the exemption required by this subsection for all
55	55	residence homesteads and any exemption adopted pursuant to
56	56	Subsection (b) of this section, but the legislature shall provide
57	57	by general law whether an eligible disabled or elderly person may
58	58	receive both the additional exemption for the elderly and disabled
59	59	authorized by this subsection and any exemption for the elderly or
60	60	disabled adopted pursuant to Subsection (b) of this section. Where
61	61	ad valorem tax has previously been pledged for the payment of debt,
62	62	the taxing officers of a school district may continue to levy and
63	63	collect the tax against the value of homesteads exempted under this
64	64	subsection until the debt is discharged if the cessation of the levy
65	65	would impair the obligation of the contract by which the debt was
66	66	created. The legislature shall provide for formulas to protect
67	67	school districts against all or part of the revenue loss incurred by
68	68	the implementation of this subsection, Subsection (d) of this
69	69	section, and Section 1-d-1 of this article. The legislature by
70	70	general law may define residence homestead for purposes of this
71	71	section.
72	72	(d) Except as otherwise provided by this subsection, if a
73	73	person receives a residence homestead exemption prescribed by
74	74	Subsection (c) of this section for homesteads of persons who are 65
75	75	years of age or older or who are disabled, the total amount of ad
76	76	valorem taxes imposed on that homestead for general elementary and
77	77	secondary public school purposes may not be increased while it
78	78	remains the residence homestead of that person or that person's
79	79	spouse who receives the exemption. If a person 65 years of age or
80	80	older dies in a year in which the person received the exemption, the
81	81	total amount of ad valorem taxes imposed on the homestead for
82	82	general elementary and secondary public school purposes may not be
83	83	increased while it remains the residence homestead of that person's
84	84	surviving spouse if the spouse is 55 years of age or older at the
85	85	time of the person's death, subject to any exceptions provided by
86	86	general law. The legislature, by general law, may provide for the
87	87	transfer of all or a proportionate amount of a limitation provided
88	88	by this subsection for a person who qualifies for the limitation and
89	89	establishes a different residence homestead. However, taxes
90	90	otherwise limited by this subsection may be increased to the extent
91	91	the value of the homestead is increased by improvements other than
92	92	repairs or improvements made to comply with governmental
93	93	requirements and except as may be consistent with the transfer of a
94	94	limitation under this subsection. For a residence homestead
95	95	subject to the limitation provided by this subsection in the 1996
96	96	tax year or an earlier tax year, the legislature shall provide for a
97	97	reduction in the amount of the limitation for the 1997 tax year and
98	98	subsequent tax years in an amount equal to $10,000 multiplied by the
99	99	1997 tax rate for general elementary and secondary public school
100	100	purposes applicable to the residence homestead. For a residence
101	101	homestead subject to the limitation provided by this subsection in
102	102	the 2014 tax year or an earlier tax year, the legislature shall
103	103	provide for a reduction in the amount of the limitation for the 2015
104	104	tax year and subsequent tax years in an amount equal to $10,000
105	105	multiplied by the 2015 tax rate for general elementary and
106	106	secondary public school purposes applicable to the residence
107	107	homestead. For a residence homestead subject to the limitation
108	108	provided by this subsection in the 2017 tax year or an earlier tax
109	109	year, the legislature shall provide for a reduction in the amount of
110	110	the limitation for the 2018 tax year in an amount equal to $46,000
111	111	multiplied by the 2018 tax rate for general elementary and
112	112	secondary public school purposes applicable to the residence
113	113	homestead. For a residence homestead subject to the limitation
114	114	provided by this subsection in the 2018 tax year, the legislature
115	115	shall provide for an increase in the amount of the limitation for
116	116	the 2019 tax year and subsequent tax years in an amount equal to
117	117	$46,000 multiplied by the 2018 tax rate for general elementary and
118	118	secondary public school purposes applicable to the residence
119	119	homestead.
120	120	SECTION 3. The following temporary provision is added to
121	121	the Texas Constitution:
122	122	TEMPORARY PROVISION. (a) This temporary provision applies
123	123	to the constitutional amendment proposed by the 85th Legislature,
124	124	1st Called Session, 2017, to appropriate money from the economic
125	125	stabilization fund to the foundation school fund and use the money
126	126	to finance a temporary increase in the amount of the exemption of
127	127	residence homesteads from ad valorem taxation by a school district
128	128	and a temporary reduction in the amount of the limitation on school
129	129	district ad valorem taxes imposed on the residence homesteads of
130	130	the elderly or disabled to reflect the increased exemption amount.
131	131	(b) The amendments to Sections 1-b(c) and (d), Article VIII,
132	132	of this constitution take effect for the tax year beginning January
133	133	1, 2018.
134	134	(c) This temporary provision expires January 1, 2019.
135	135	SECTION 4. This proposed constitutional amendment shall be
136	136	submitted to the voters at an election to be held November 7, 2017.
137	137	The ballot shall be printed to permit voting for or against the
138	138	proposition: "The constitutional amendment to appropriate money
139	139	from the economic stabilization fund to the foundation school fund
140	140	and use the money to finance a temporary increase in the amount of
141	141	the exemption of residence homesteads from ad valorem taxation by a
142	142	school district and a temporary reduction in the amount of the
143	143	limitation on school district ad valorem taxes imposed on the
144	144	residence homesteads of the elderly or disabled to reflect the
145	145	increased exemption amount."