Texas 2021 - 87th 1st C.S.

Texas Senate Bill SJR2 Compare Versions

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

Old	New	Differences
1	1	87S10533 CJC/KJE-D
2	2	By: Powell S.J.R. No. 2
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment to increase the amount of the
7	7	exemption of residence homesteads from ad valorem taxation by a
8	8	school district and to reduce the amount of the limitation on school
9	9	district ad valorem taxes imposed on the residence homesteads of
10	10	the elderly or disabled to reflect the increased exemption amount.
11	11	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 1-b(c) and (d), Article VIII, Texas
13	13	Constitution, are amended to read as follows:
14	14	(c) The amount of $35,000 [$25,000] of the market value of
15	15	the residence homestead of a married or unmarried adult, including
16	16	one living alone, is exempt from ad valorem taxation for general
17	17	elementary and secondary public school purposes. The legislature
18	18	by general law may provide that all or part of the exemption does
19	19	not apply to a district or political subdivision that imposes ad
20	20	valorem taxes for public education purposes but is not the
21	21	principal school district providing general elementary and
22	22	secondary public education throughout its territory. In addition
23	23	to this exemption, the legislature by general law may exempt an
24	24	amount not to exceed $10,000 of the market value of the residence
25	25	homestead of a person who is disabled as defined in Subsection (b)
26	26	of this section and of a person 65 years of age or older from ad
27	27	valorem taxation for general elementary and secondary public school
28	28	purposes. The legislature by general law may base the amount of and
29	29	condition eligibility for the additional exemption authorized by
30	30	this subsection for disabled persons and for persons 65 years of age
31	31	or older on economic need. An eligible disabled person who is 65
32	32	years of age or older may not receive both exemptions from a school
33	33	district but may choose either. An eligible person is entitled to
34	34	receive both the exemption required by this subsection for all
35	35	residence homesteads and any exemption adopted pursuant to
36	36	Subsection (b) of this section, but the legislature shall provide
37	37	by general law whether an eligible disabled or elderly person may
38	38	receive both the additional exemption for the elderly and disabled
39	39	authorized by this subsection and any exemption for the elderly or
40	40	disabled adopted pursuant to Subsection (b) of this section. Where
41	41	ad valorem tax has previously been pledged for the payment of debt,
42	42	the taxing officers of a school district may continue to levy and
43	43	collect the tax against the value of homesteads exempted under this
44	44	subsection until the debt is discharged if the cessation of the levy
45	45	would impair the obligation of the contract by which the debt was
46	46	created. The legislature shall provide for formulas to protect
47	47	school districts against all or part of the revenue loss incurred by
48	48	the implementation of this subsection, Subsection (d) of this
49	49	section, and Section 1-d-1 of this article. The legislature by
50	50	general law may define residence homestead for purposes of this
51	51	section.
52	52	(d) Except as otherwise provided by this subsection, if a
53	53	person receives a residence homestead exemption prescribed by
54	54	Subsection (c) of this section for homesteads of persons who are 65
55	55	years of age or older or who are disabled, the total amount of ad
56	56	valorem taxes imposed on that homestead for general elementary and
57	57	secondary public school purposes may not be increased while it
58	58	remains the residence homestead of that person or that person's
59	59	spouse who receives the exemption. If a person 65 years of age or
60	60	older dies in a year in which the person received the exemption, the
61	61	total amount of ad valorem taxes imposed on the homestead for
62	62	general elementary and secondary public school purposes may not be
63	63	increased while it remains the residence homestead of that person's
64	64	surviving spouse if the spouse is 55 years of age or older at the
65	65	time of the person's death, subject to any exceptions provided by
66	66	general law. The legislature, by general law, may provide for the
67	67	transfer of all or a proportionate amount of a limitation provided
68	68	by this subsection for a person who qualifies for the limitation and
69	69	establishes a different residence homestead. However, taxes
70	70	otherwise limited by this subsection may be increased to the extent
71	71	the value of the homestead is increased by improvements other than
72	72	repairs or improvements made to comply with governmental
73	73	requirements and except as may be consistent with the transfer of a
74	74	limitation under this subsection. For a residence homestead
75	75	subject to the limitation provided by this subsection in the 1996
76	76	tax year or an earlier tax year, the legislature shall provide for a
77	77	reduction in the amount of the limitation for the 1997 tax year and
78	78	subsequent tax years in an amount equal to $10,000 multiplied by the
79	79	1997 tax rate for general elementary and secondary public school
80	80	purposes applicable to the residence homestead. For a residence
81	81	homestead subject to the limitation provided by this subsection in
82	82	the 2014 tax year or an earlier tax year, the legislature shall
83	83	provide for a reduction in the amount of the limitation for the 2015
84	84	tax year and subsequent tax years in an amount equal to $10,000
85	85	multiplied by the 2015 tax rate for general elementary and
86	86	secondary public school purposes applicable to the residence
87	87	homestead. For a residence homestead subject to the limitation
88	88	provided by this subsection in the 2021 tax year or an earlier tax
89	89	year, the legislature shall provide for a reduction in the amount of
90	90	the limitation for the 2022 tax year in an amount equal to $10,000
91	91	multiplied by the 2022 tax rate for general elementary and
92	92	secondary public school purposes applicable to the residence
93	93	homestead.
94	94	SECTION 2. The following temporary provision is added to
95	95	the Texas Constitution:
96	96	TEMPORARY PROVISION. (a) This temporary provision applies
97	97	to the constitutional amendment proposed by the 87th Legislature,
98	98	1st Called Session, 2021, to increase the amount of the exemption of
99	99	residence homesteads from ad valorem taxation by a school district
100	100	and to reduce the amount of the limitation on school district ad
101	101	valorem taxes imposed on the residence homesteads of the elderly or
102	102	disabled to reflect the increased exemption amount.
103	103	(b) The amendments to Sections 1-b(c) and (d), Article VIII,
104	104	of this constitution take effect for the tax year beginning January
105	105	1, 2022.
106	106	(c) This temporary provision expires January 1, 2023.
107	107	SECTION 3. This proposed constitutional amendment shall be
108	108	submitted to the voters at an election to be held November 2, 2021.
109	109	The ballot shall be printed to permit voting for or against the
110	110	proposition: "The constitutional amendment to increase the amount
111	111	of the exemption of residence homesteads from ad valorem taxation
112	112	by a school district and to reduce the amount of the limitation on
113	113	school district ad valorem taxes imposed on the residence
114	114	homesteads of the elderly or disabled to reflect the increased
115	115	exemption amount."