| 1 | 1 | | 88R11031 MLH-D |
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| 2 | 2 | | By: Cook H.J.R. No. 207 |
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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 to exempt from ad valorem |
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| 7 | 7 | | taxation a portion of the market value of the residence homesteads |
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| 8 | 8 | | of certain elderly persons and their surviving spouses. |
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| 9 | 9 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 1-b, Article VIII, Texas Constitution, |
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| 11 | 11 | | is amended by adding Subsection (v) to read as follows: |
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| 12 | 12 | | (v) A person is entitled to an exemption from ad valorem |
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| 13 | 13 | | taxation of $150,000 of the market value of the person's residence |
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| 14 | 14 | | homestead if the person is 75 years of age or older and the person |
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| 15 | 15 | | has received an exemption under this section for the residence |
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| 16 | 16 | | homestead for at least the preceding 10 years. The surviving spouse |
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| 17 | 17 | | of a person who received an exemption under this subsection for the |
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| 18 | 18 | | residence homestead of a person 75 years of age or older is entitled |
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| 19 | 19 | | to an exemption from ad valorem taxation of $150,000 of the market |
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| 20 | 20 | | value of the same property if the deceased spouse died in a year in |
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| 21 | 21 | | which the deceased spouse received the exemption, the surviving |
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| 22 | 22 | | spouse was 55 years of age or older when the deceased spouse died, |
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| 23 | 23 | | and the property was the residence homestead of the surviving |
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| 24 | 24 | | spouse when the deceased spouse died and remains the residence |
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| 25 | 25 | | homestead of the surviving spouse. Where ad valorem tax of a |
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| 26 | 26 | | political subdivision has previously been pledged for the payment |
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| 27 | 27 | | of debt, the taxing officers of the political subdivision may |
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| 28 | 28 | | continue to levy and collect the tax against the value of residence |
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| 29 | 29 | | homesteads exempted under this subsection until the debt is |
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| 30 | 30 | | discharged if the cessation of the levy would impair the obligation |
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| 31 | 31 | | of the contract by which the debt was created. The legislature by |
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| 32 | 32 | | general law may prescribe procedures for the administration of this |
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| 33 | 33 | | subsection. |
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| 34 | 34 | | SECTION 2. The following temporary provision is added to |
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| 35 | 35 | | the Texas Constitution: |
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| 36 | 36 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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| 37 | 37 | | to the constitutional amendment proposed by the 88th Legislature, |
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| 38 | 38 | | Regular Session, 2023, to exempt from ad valorem taxation a portion |
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| 39 | 39 | | of the market value of the residence homesteads of certain elderly |
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| 40 | 40 | | persons and their surviving spouses. |
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| 41 | 41 | | (b) Section 1-b(v), Article VIII, of this constitution |
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| 42 | 42 | | takes effect January 1, 2024. |
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| 43 | 43 | | (c) This temporary provision expires January 1, 2025. |
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| 44 | 44 | | SECTION 3. This proposed constitutional amendment shall be |
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| 45 | 45 | | submitted to the voters at an election to be held November 7, 2023. |
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| 46 | 46 | | The ballot shall be printed to permit voting for or against the |
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| 47 | 47 | | proposition: "The constitutional amendment to exempt from ad |
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| 48 | 48 | | valorem taxation a portion of the market value of the residence |
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| 49 | 49 | | homestead of a person 75 years of age or older or the person's |
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| 50 | 50 | | surviving spouse." |
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