Texas 2023 - 88th Regular

Texas House Bill HJR122 Compare Versions

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1	1	88R8111 CJC-D
2	2	By: Leach H.J.R. No. 122
3	3
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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 adjust 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 increases in the exemption
11	11	amount.
12	12	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Sections 1-b(c) and (d), Article VIII, Texas
14	14	Constitution, are amended to read as follows:
15	15	(c) The amount of $65,000 [$40,000] of the market value of
16	16	the residence homestead of a married or unmarried adult, including
17	17	one living alone, is exempt from ad valorem taxation for general
18	18	elementary and secondary public school purposes. The legislature
19	19	by general law may provide that all or part of the exemption does
20	20	not apply to a district or political subdivision that imposes ad
21	21	valorem taxes for public education purposes but is not the
22	22	principal school district providing general elementary and
23	23	secondary public education throughout its territory. In addition
24	24	to this exemption, the legislature by general law may exempt an
25	25	amount not to exceed $10,000 of the market value of the residence
26	26	homestead of a person who is disabled as defined in Subsection (b)
27	27	of this section and of a person 65 years of age or older from ad
28	28	valorem taxation for general elementary and secondary public school
29	29	purposes. The legislature by general law may base the amount of and
30	30	condition eligibility for the additional exemption authorized by
31	31	this subsection for disabled persons and for persons 65 years of age
32	32	or older on economic need. An eligible disabled person who is 65
33	33	years of age or older may not receive both exemptions from a school
34	34	district but may choose either. An eligible person is entitled to
35	35	receive both the exemption required by this subsection for all
36	36	residence homesteads and any exemption adopted pursuant to
37	37	Subsection (b) of this section, but the legislature shall provide
38	38	by general law whether an eligible disabled or elderly person may
39	39	receive both the additional exemption for the elderly and disabled
40	40	authorized by this subsection and any exemption for the elderly or
41	41	disabled adopted pursuant to Subsection (b) of this section. Where
42	42	ad valorem tax has previously been pledged for the payment of debt,
43	43	the taxing officers of a school district may continue to levy and
44	44	collect the tax against the value of homesteads exempted under this
45	45	subsection until the debt is discharged if the cessation of the levy
46	46	would impair the obligation of the contract by which the debt was
47	47	created. The legislature shall provide for formulas to protect
48	48	school districts against all or part of the revenue loss incurred by
49	49	the implementation of this subsection, Subsection (d) of this
50	50	section, and Section 1-d-1 of this article. The legislature by
51	51	general law may define residence homestead for purposes of this
52	52	section.
53	53	(d) Except as otherwise provided by this subsection, if a
54	54	person receives a residence homestead exemption prescribed by
55	55	Subsection (c) of this section for homesteads of persons who are 65
56	56	years of age or older or who are disabled, the total amount of ad
57	57	valorem taxes imposed on that homestead for general elementary and
58	58	secondary public school purposes may not be increased while it
59	59	remains the residence homestead of that person or that person's
60	60	spouse who receives the exemption. If a person who is 65 years of
61	61	age or older or who is disabled dies in a year in which the person
62	62	received the exemption, the total amount of ad valorem taxes
63	63	imposed on the homestead for general elementary and secondary
64	64	public school purposes may not be increased while it remains the
65	65	residence homestead of that person's surviving spouse if the spouse
66	66	is 55 years of age or older at the time of the person's death,
67	67	subject to any exceptions provided by general law. The
68	68	legislature, by general law, may provide for the transfer of all or
69	69	a proportionate amount of a limitation provided by this subsection
70	70	for a person who qualifies for the limitation and establishes a
71	71	different residence homestead. However, taxes otherwise limited by
72	72	this subsection may be increased to the extent the value of the
73	73	homestead is increased by improvements other than repairs or
74	74	improvements made to comply with governmental requirements and
75	75	except as may be consistent with the transfer of a limitation under
76	76	this subsection. For a residence homestead subject to the
77	77	limitation provided by this subsection in the 1996 tax year or an
78	78	earlier tax year, the legislature shall provide for a reduction in
79	79	the amount of the limitation for the 1997 tax year and subsequent
80	80	tax years in an amount equal to $10,000 multiplied by the 1997 tax
81	81	rate for general elementary and secondary public school purposes
82	82	applicable to the residence homestead. For a residence homestead
83	83	subject to the limitation provided by this subsection in the 2014
84	84	tax year or an earlier tax year, the legislature shall provide for a
85	85	reduction in the amount of the limitation for the 2015 tax year and
86	86	subsequent tax years in an amount equal to $10,000 multiplied by the
87	87	2015 tax rate for general elementary and secondary public school
88	88	purposes applicable to the residence homestead. For a residence
89	89	homestead subject to the limitation provided by this subsection in
90	90	the 2022 tax year or an earlier tax year, the legislature shall
91	91	provide for a reduction in the amount of the limitation for the 2024
92	92	tax year and subsequent tax years in an amount equal to $15,000
93	93	multiplied by the 2022 tax rate for general elementary and
94	94	secondary public school purposes applicable to the residence
95	95	homestead. For a residence homestead subject to the limitation
96	96	provided by this subsection in the 2023 tax year or an earlier tax
97	97	year, the legislature shall provide for a reduction in the amount of
98	98	the limitation for the 2024 tax year and subsequent tax years in an
99	99	amount equal to $25,000 multiplied by the 2024 tax rate for general
100	100	elementary and secondary public school purposes applicable to the
101	101	residence homestead.
102	102	SECTION 2. The following temporary provision is added to
103	103	the Texas Constitution:
104	104	TEMPORARY PROVISION. (a) This temporary provision applies
105	105	to the constitutional amendment proposed by the 88th Legislature,
106	106	Regular Session, 2023, to increase the amount of the exemption of
107	107	residence homesteads from ad valorem taxation by a school district
108	108	and to adjust the amount of the limitation on school district ad
109	109	valorem taxes imposed on the residence homesteads of the elderly or
110	110	disabled to reflect increases in the exemption amount.
111	111	(b) The amendments to Sections 1-b(c) and (d), Article VIII,
112	112	of this constitution take effect for the tax year beginning January
113	113	1, 2024.
114	114	(c) This temporary provision expires January 1, 2025.
115	115	SECTION 3. This proposed constitutional amendment shall be
116	116	submitted to the voters at an election to be held November 7, 2023.
117	117	The ballot shall be printed to permit voting for or against the
118	118	proposition: "The constitutional amendment to increase the amount
119	119	of the exemption of residence homesteads from ad valorem taxation
120	120	by a school district and to adjust the amount of the limitation on
121	121	school district ad valorem taxes imposed on the residence
122	122	homesteads of the elderly or disabled to reflect increases in the
123	123	exemption amount."