Texas 2023 - 88th Regular

Texas House Bill HJR162 Compare Versions

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1	1	88R2339 SMH/MEW-D
2	2	By: Schofield H.J.R. No. 162
3	3
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5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment providing for an exemption
7	7	from ad valorem taxation for public school purposes of a dollar
8	8	amount or a percentage, whichever is greater, of the market value of
9	9	a residence homestead and providing for an adjustment of the
10	10	limitation on the total amount of ad valorem taxes that may be
11	11	imposed for those purposes on the homestead of a person who is
12	12	elderly or disabled to reflect increases in the exemption amount.
13	13	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Sections 1-b(c) and (d), Article VIII, Texas
15	15	Constitution, are amended to read as follows:
16	16	(c) The amount of $40,000 of the market value of the
17	17	residence homestead of a married or unmarried adult, including one
18	18	living alone, or 26.7 percent of the market value of the residence
19	19	homestead, whichever is greater, is exempt from ad valorem taxation
20	20	for general elementary and secondary public school purposes. The
21	21	legislature by general law may provide that all or part of the
22	22	exemption does not apply to a district or political subdivision
23	23	that imposes ad valorem taxes for public education purposes but is
24	24	not the principal school district providing general elementary and
25	25	secondary public education throughout its territory. In addition
26	26	to this exemption, the legislature by general law may exempt an
27	27	amount not to exceed $10,000 of the market value of the residence
28	28	homestead of a person who is disabled as defined in Subsection (b)
29	29	of this section and of a person 65 years of age or older from ad
30	30	valorem taxation for general elementary and secondary public school
31	31	purposes. The legislature by general law may base the amount of
32	32	and condition eligibility for the additional exemption authorized
33	33	by this subsection for disabled persons and for persons 65 years of
34	34	age or older on economic need. An eligible disabled person who is
35	35	65 years of age or older may not receive both exemptions from a
36	36	school district but may choose either. An eligible person is
37	37	entitled to receive both the exemption required by this subsection
38	38	for all residence homesteads and any exemption adopted pursuant to
39	39	Subsection (b) of this section, but the legislature shall provide
40	40	by general law whether an eligible disabled or elderly person may
41	41	receive both the additional exemption for the elderly and disabled
42	42	authorized by this subsection and any exemption for the elderly or
43	43	disabled adopted pursuant to Subsection (b) of this section. Where
44	44	ad valorem tax has previously been pledged for the payment of debt,
45	45	the taxing officers of a school district may continue to levy and
46	46	collect the tax against the value of homesteads exempted under this
47	47	subsection until the debt is discharged if the cessation of the levy
48	48	would impair the obligation of the contract by which the debt was
49	49	created. The legislature shall provide for formulas to protect
50	50	school districts against all or part of the revenue loss incurred by
51	51	the implementation of this subsection, Subsection (d) of this
52	52	section, and Section 1-d-1 of this article. The legislature by
53	53	general law may define residence homestead for purposes of this
54	54	section.
55	55	(d) Except as otherwise provided by this subsection, if a
56	56	person receives a residence homestead exemption prescribed by
57	57	Subsection (c) of this section for homesteads of persons who are 65
58	58	years of age or older or who are disabled, the total amount of ad
59	59	valorem taxes imposed on that homestead for general elementary and
60	60	secondary public school purposes may not be increased while it
61	61	remains the residence homestead of that person or that person's
62	62	spouse who receives the exemption. If a person who is 65 years of
63	63	age or older or who is disabled dies in a year in which the person
64	64	received the exemption, the total amount of ad valorem taxes
65	65	imposed on the homestead for general elementary and secondary
66	66	public school purposes may not be increased while it remains the
67	67	residence homestead of that person's surviving spouse if the spouse
68	68	is 55 years of age or older at the time of the person's death,
69	69	subject to any exceptions provided by general law. The
70	70	legislature, by general law, may provide for the transfer of all or
71	71	a proportionate amount of a limitation provided by this subsection
72	72	for a person who qualifies for the limitation and establishes a
73	73	different residence homestead. However, taxes otherwise limited
74	74	by this subsection may be increased to the extent the value of the
75	75	homestead is increased by improvements other than repairs or
76	76	improvements made to comply with governmental requirements and
77	77	except as may be consistent with the transfer of a limitation under
78	78	this subsection. For a residence homestead subject to the
79	79	limitation provided by this subsection in the 1996 tax year or an
80	80	earlier tax year, the legislature shall provide for a reduction in
81	81	the amount of the limitation for the 1997 tax year and subsequent
82	82	tax years in an amount equal to $10,000 multiplied by the 1997 tax
83	83	rate for general elementary and secondary public school purposes
84	84	applicable to the residence homestead. For a residence homestead
85	85	subject to the limitation provided by this subsection in the 2014
86	86	tax year or an earlier tax year, the legislature shall provide for a
87	87	reduction in the amount of the limitation for the 2015 tax year and
88	88	subsequent tax years in an amount equal to $10,000 multiplied by the
89	89	2015 tax rate for general elementary and secondary public school
90	90	purposes applicable to the residence homestead. For a residence
91	91	homestead subject to the limitation provided by this subsection in
92	92	the 2021 tax year or an earlier tax year, the legislature shall
93	93	provide for a reduction in the amount of the limitation for the 2024
94	94	tax year and subsequent tax years in an amount equal to $15,000
95	95	multiplied by the 2022 tax rate for general elementary and
96	96	secondary public school purposes applicable to the residence
97	97	homestead. For a residence homestead subject to the limitation
98	98	provided by this subsection in the 2023 tax year or an earlier tax
99	99	year that has a market value in the 2024 tax year of more than
100	100	$149,813, the legislature shall provide for a reduction in the
101	101	amount of the limitation for the 2024 tax year and subsequent tax
102	102	years in an amount equal to the amount computed by subtracting
103	103	$40,000 from an amount equal to 26.7 percent of the market value of
104	104	the homestead in the 2024 tax year and multiplying that amount by
105	105	the 2024 tax rate for general elementary and secondary public
106	106	school purposes applicable to the residence homestead.
107	107	SECTION 2. The following temporary provision is added to
108	108	the Texas Constitution:
109	109	TEMPORARY PROVISION. (a) This temporary provision applies
110	110	to the constitutional amendment proposed by the 88th Legislature,
111	111	Regular Session, 2023, providing for an exemption from ad valorem
112	112	taxation for public school purposes of a dollar amount or a
113	113	percentage, whichever is greater, of the market value of a
114	114	residence homestead and providing for an adjustment of the
115	115	limitation on the total amount of ad valorem taxes that may be
116	116	imposed for those purposes on the homestead of a person who is
117	117	elderly or disabled to reflect increases in the exemption amount.
118	118	(b) The amendment to Sections 1-b(c) and (d), Article VIII,
119	119	of this constitution takes effect January 1, 2024, and applies only
120	120	to a tax year beginning on or after that date.
121	121	(c) This temporary provision expires January 1, 2025.
122	122	SECTION 3. This proposed constitutional amendment shall be
123	123	submitted to the voters at an election to be held November 7, 2023.
124	124	The ballot shall be printed to permit voting for or against the
125	125	proposition: "The constitutional amendment providing for an
126	126	exemption from ad valorem taxation for public school purposes of
127	127	$40,000 or 26.7 percent, whichever is greater, of the market value
128	128	of a residence homestead and providing for an adjustment of the
129	129	limitation on the total amount of ad valorem taxes that may be
130	130	imposed for those purposes on the homestead of a person who is
131	131	elderly or disabled to reflect increases in the exemption amount."