1 | 1 | | 88R2120 CJC-D |
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2 | 2 | | By: Howard H.J.R. No. 195 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A JOINT RESOLUTION |
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6 | 6 | | proposing a constitutional amendment providing for an adjustment of |
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7 | 7 | | the limitation on the total amount of ad valorem taxes that may be |
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8 | 8 | | imposed by a school district on the residence homestead of a person |
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9 | 9 | | who is elderly or disabled to reflect the most recent increase in |
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10 | 10 | | the amount of the exemption of residence homesteads from ad valorem |
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11 | 11 | | taxation by a school district. |
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12 | 12 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 1-b(d), Article VIII, Texas |
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14 | 14 | | Constitution, is amended to read as follows: |
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15 | 15 | | (d) Except as otherwise provided by this subsection, if a |
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16 | 16 | | person receives a residence homestead exemption prescribed by |
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17 | 17 | | Subsection (c) of this section for homesteads of persons who are 65 |
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18 | 18 | | years of age or older or who are disabled, the total amount of ad |
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19 | 19 | | valorem taxes imposed on that homestead for general elementary and |
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20 | 20 | | secondary public school purposes may not be increased while it |
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21 | 21 | | remains the residence homestead of that person or that person's |
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22 | 22 | | spouse who receives the exemption. If a person who is 65 years of |
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23 | 23 | | age or older or who is disabled dies in a year in which the person |
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24 | 24 | | received the exemption, the total amount of ad valorem taxes |
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25 | 25 | | imposed on the homestead for general elementary and secondary |
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26 | 26 | | public school purposes may not be increased while it remains the |
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27 | 27 | | residence homestead of that person's surviving spouse if the spouse |
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28 | 28 | | is 55 years of age or older at the time of the person's death, |
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29 | 29 | | subject to any exceptions provided by general law. The |
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30 | 30 | | legislature, by general law, may provide for the transfer of all or |
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31 | 31 | | a proportionate amount of a limitation provided by this subsection |
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32 | 32 | | for a person who qualifies for the limitation and establishes a |
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33 | 33 | | different residence homestead. However, taxes otherwise limited by |
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34 | 34 | | this subsection may be increased to the extent the value of the |
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35 | 35 | | homestead is increased by improvements other than repairs or |
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36 | 36 | | improvements made to comply with governmental requirements and |
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37 | 37 | | except as may be consistent with the transfer of a limitation under |
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38 | 38 | | this subsection. For a residence homestead subject to the |
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39 | 39 | | limitation provided by this subsection in the 1996 tax year or an |
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40 | 40 | | earlier tax year, the legislature shall provide for a reduction in |
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41 | 41 | | the amount of the limitation for the 1997 tax year and subsequent |
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42 | 42 | | tax years in an amount equal to $10,000 multiplied by the 1997 tax |
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43 | 43 | | rate for general elementary and secondary public school purposes |
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44 | 44 | | applicable to the residence homestead. For a residence homestead |
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45 | 45 | | subject to the limitation provided by this subsection in the 2014 |
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46 | 46 | | tax year or an earlier tax year, the legislature shall provide for a |
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47 | 47 | | reduction in the amount of the limitation for the 2015 tax year and |
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48 | 48 | | subsequent tax years in an amount equal to $10,000 multiplied by the |
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49 | 49 | | 2015 tax rate for general elementary and secondary public school |
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50 | 50 | | purposes applicable to the residence homestead. For a residence |
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51 | 51 | | homestead subject to the limitation provided by this subsection in |
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52 | 52 | | the 2021 tax year or an earlier tax year, the legislature shall |
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53 | 53 | | provide for a reduction in the amount of the limitation for the 2024 |
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54 | 54 | | tax year and subsequent tax years in an amount equal to $15,000 |
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55 | 55 | | multiplied by the 2022 tax rate for general elementary and |
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56 | 56 | | secondary public school purposes applicable to the residence |
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57 | 57 | | homestead. |
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58 | 58 | | SECTION 2. The following temporary provision is added to |
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59 | 59 | | the Texas Constitution: |
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60 | 60 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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61 | 61 | | to the constitutional amendment proposed by the 88th Legislature, |
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62 | 62 | | Regular Session, 2023, providing for an adjustment of the |
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63 | 63 | | limitation on the total amount of ad valorem taxes that may be |
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64 | 64 | | imposed by a school district on the residence homestead of a person |
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65 | 65 | | who is elderly or disabled to reflect the most recent increase in |
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66 | 66 | | the amount of the exemption of residence homesteads from ad valorem |
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67 | 67 | | taxation by a school district. |
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68 | 68 | | (b) The amendment to Section 1-b(d), Article VIII, of this |
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69 | 69 | | constitution takes effect for the tax year beginning January 1, |
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70 | 70 | | 2024. |
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71 | 71 | | (c) This temporary provision expires January 1, 2025. |
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72 | 72 | | SECTION 3. This proposed constitutional amendment shall be |
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73 | 73 | | submitted to the voters at an election to be held November 7, 2023. |
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74 | 74 | | The ballot shall be printed to permit voting for or against the |
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75 | 75 | | proposition: "The constitutional amendment providing for an |
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76 | 76 | | adjustment of the limitation on the total amount of ad valorem taxes |
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77 | 77 | | that may be imposed by a school district on the residence homestead |
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78 | 78 | | of a person who is elderly or disabled to reflect the most recent |
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79 | 79 | | increase in the amount of the exemption of residence homesteads |
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80 | 80 | | from ad valorem taxation by a school district." |
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