Texas 2019 - 86th Regular

Texas Senate Bill SJR71 Compare Versions

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

Old	New	Differences
1	1	86R12310 CJC/MEW-D
2	2	By: Bettencourt, et al. S.J.R. No. 71
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment to use revenue attributable to
7	7	oil and gas production taxes to increase the amount of the exemption
8	8	of residence homesteads from ad valorem taxation by a school
9	9	district and reduce the amount of the limitation on school district
10	10	ad valorem taxes imposed on the residence homesteads of the elderly
11	11	or disabled to reflect the increased exemption amount.
12	12	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 49-g, Article III, Texas Constitution,
14	14	is amended by adding Subsection (s) to read as follows:
15	15	(s) Each state fiscal year, the comptroller of public
16	16	accounts shall determine the amount of the estimated lost revenue
17	17	for school districts in that state fiscal year attributable to the
18	18	increase in the amount of the exemption of residence homesteads
19	19	from ad valorem taxation for general elementary and secondary
20	20	public school purposes under Section 1-b(c), Article VIII, of this
21	21	constitution, proposed by the 86th Legislature, Regular Session,
22	22	2019, and approved by the voters, and the reduction in the amount of
23	23	the limitation on the total amount of ad valorem taxes for general
24	24	elementary and secondary public school purposes imposed on the
25	25	residence homesteads of the elderly or disabled under Section
26	26	1-b(d), Article VIII, of this constitution, proposed by the 86th
27	27	Legislature, Regular Session, 2019, and approved by the voters.
28	28	Notwithstanding any other provision of this section, in each state
29	29	fiscal year, the comptroller of public accounts shall reduce the
30	30	amount of the transfer from the general revenue fund to the economic
31	31	stabilization fund to be made under Subsection (c) of this section
32	32	by the amount of the estimated lost revenue determined under this
33	33	subsection and shall transfer to the foundation school fund or a
34	34	successor fund or account an amount of general revenue equal to the
35	35	amount of that reduction.
36	36	SECTION 2. Sections 1-b(c) and (d), Article VIII, Texas
37	37	Constitution, are amended to read as follows:
38	38	(c) The amount of $35,000 [$25,000] of the market value of
39	39	the residence homestead of a married or unmarried adult, including
40	40	one living alone, is exempt from ad valorem taxation for general
41	41	elementary and secondary public school purposes. The legislature
42	42	by general law may provide that all or part of the exemption does
43	43	not apply to a district or political subdivision that imposes ad
44	44	valorem taxes for public education purposes but is not the
45	45	principal school district providing general elementary and
46	46	secondary public education throughout its territory. In addition
47	47	to this exemption, the legislature by general law may exempt an
48	48	amount not to exceed $10,000 of the market value of the residence
49	49	homestead of a person who is disabled as defined in Subsection (b)
50	50	of this section and of a person 65 years of age or older from ad
51	51	valorem taxation for general elementary and secondary public school
52	52	purposes. The legislature by general law may base the amount of and
53	53	condition eligibility for the additional exemption authorized by
54	54	this subsection for disabled persons and for persons 65 years of age
55	55	or older on economic need. An eligible disabled person who is 65
56	56	years of age or older may not receive both exemptions from a school
57	57	district but may choose either. An eligible person is entitled to
58	58	receive both the exemption required by this subsection for all
59	59	residence homesteads and any exemption adopted pursuant to
60	60	Subsection (b) of this section, but the legislature shall provide
61	61	by general law whether an eligible disabled or elderly person may
62	62	receive both the additional exemption for the elderly and disabled
63	63	authorized by this subsection and any exemption for the elderly or
64	64	disabled adopted pursuant to Subsection (b) of this section. Where
65	65	ad valorem tax has previously been pledged for the payment of debt,
66	66	the taxing officers of a school district may continue to levy and
67	67	collect the tax against the value of homesteads exempted under this
68	68	subsection until the debt is discharged if the cessation of the levy
69	69	would impair the obligation of the contract by which the debt was
70	70	created. The legislature shall provide for formulas to protect
71	71	school districts against all or part of the revenue loss incurred by
72	72	the implementation of this subsection, Subsection (d) of this
73	73	section, and Section 1-d-1 of this article. The legislature by
74	74	general law may define residence homestead for purposes of this
75	75	section.
76	76	(d) Except as otherwise provided by this subsection, if a
77	77	person receives a residence homestead exemption prescribed by
78	78	Subsection (c) of this section for homesteads of persons who are 65
79	79	years of age or older or who are disabled, the total amount of ad
80	80	valorem taxes imposed on that homestead for general elementary and
81	81	secondary public school purposes may not be increased while it
82	82	remains the residence homestead of that person or that person's
83	83	spouse who receives the exemption. If a person 65 years of age or
84	84	older dies in a year in which the person received the exemption, the
85	85	total amount of ad valorem taxes imposed on the homestead for
86	86	general elementary and secondary public school purposes may not be
87	87	increased while it remains the residence homestead of that person's
88	88	surviving spouse if the spouse is 55 years of age or older at the
89	89	time of the person's death, subject to any exceptions provided by
90	90	general law. The legislature, by general law, may provide for the
91	91	transfer of all or a proportionate amount of a limitation provided
92	92	by this subsection for a person who qualifies for the limitation and
93	93	establishes a different residence homestead. However, taxes
94	94	otherwise limited by this subsection may be increased to the extent
95	95	the value of the homestead is increased by improvements other than
96	96	repairs or improvements made to comply with governmental
97	97	requirements and except as may be consistent with the transfer of a
98	98	limitation under this subsection. For a residence homestead
99	99	subject to the limitation provided by this subsection in the 1996
100	100	tax year or an earlier tax year, the legislature shall provide for a
101	101	reduction in the amount of the limitation for the 1997 tax year and
102	102	subsequent tax years in an amount equal to $10,000 multiplied by the
103	103	1997 tax rate for general elementary and secondary public school
104	104	purposes applicable to the residence homestead. For a residence
105	105	homestead subject to the limitation provided by this subsection in
106	106	the 2014 tax year or an earlier tax year, the legislature shall
107	107	provide for a reduction in the amount of the limitation for the 2015
108	108	tax year and subsequent tax years in an amount equal to $10,000
109	109	multiplied by the 2015 tax rate for general elementary and
110	110	secondary public school purposes applicable to the residence
111	111	homestead. For a residence homestead subject to the limitation
112	112	provided by this subsection in the 2019 tax year or an earlier tax
113	113	year, the legislature shall provide for a reduction in the amount of
114	114	the limitation for the 2020 tax year in an amount equal to $10,000
115	115	multiplied by the 2020 tax rate for general elementary and
116	116	secondary public school purposes applicable to the residence
117	117	homestead.
118	118	SECTION 3. The following temporary provision is added to
119	119	the Texas Constitution:
120	120	TEMPORARY PROVISION. (a) This temporary provision applies
121	121	to the constitutional amendment proposed by the 86th Legislature,
122	122	Regular Session, 2019, to use revenue attributable to oil and gas
123	123	production taxes to increase the amount of the exemption of
124	124	residence homesteads from ad valorem taxation by a school district
125	125	and reduce the amount of the limitation on school district ad
126	126	valorem taxes imposed on the residence homesteads of the elderly or
127	127	disabled to reflect the increased exemption amount.
128	128	(b) Section 49-g(s), Article III, of this constitution
129	129	applies beginning with the state fiscal year beginning September 1,
130	130	2020.
131	131	(c) 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, 2020.
134	134	(d) This temporary provision expires January 1, 2021.
135	135	SECTION 4. This proposed constitutional amendment shall be
136	136	submitted to the voters at an election to be held November 5, 2019.
137	137	The ballot shall be printed to permit voting for or against the
138	138	proposition: "The constitutional amendment to use revenue
139	139	attributable to oil and gas production taxes to increase the amount
140	140	of the exemption of residence homesteads from ad valorem taxation
141	141	by a school district and reduce the amount of the limitation on
142	142	school district ad valorem taxes imposed on the residence
143	143	homesteads of the elderly or disabled to reflect the increased
144	144	exemption amount."