Texas 2023 - 88th Regular

Texas House Bill HJR44 Compare Versions

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1	1	88R4178 CJC/MEW-D
2	2	By: Raymond H.J.R. No. 44
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment to appropriate money from the
7	7	general revenue fund to the foundation school fund and use the money
8	8	to finance a temporary increase in the amount of the exemption of
9	9	residence homesteads from ad valorem taxation by a school district
10	10	and a temporary reduction in the amount of the limitation on school
11	11	district ad valorem taxes imposed on the residence homesteads of
12	12	the elderly or disabled to reflect the increased exemption amount.
13	13	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 1-b, Article VIII, Texas Constitution,
15	15	is amended by amending Subsections (c) and (d) and adding
16	16	Subsection (q) to read as follows:
17	17	(c) Except as otherwise provided by this subsection, the
18	18	[The] amount of $40,000 of the market value of the residence
19	19	homestead of a married or unmarried adult, including one living
20	20	alone, is exempt from ad valorem taxation for general elementary
21	21	and secondary public school purposes. For the 2024 tax year, the
22	22	amount of $360,000 of the market value of the residence homestead of
23	23	such a person is exempt from ad valorem taxation for those purposes.
24	24	The legislature by general law may provide that all or part of the
25	25	exemption does not apply to a district or political subdivision
26	26	that imposes ad valorem taxes for public education purposes but is
27	27	not the principal school district providing general elementary and
28	28	secondary public education throughout its territory. In addition
29	29	to this exemption, the legislature by general law may exempt an
30	30	amount not to exceed $10,000 of the market value of the residence
31	31	homestead of a person who is disabled as defined in Subsection (b)
32	32	of this section and of a person 65 years of age or older from ad
33	33	valorem taxation for general elementary and secondary public school
34	34	purposes. The legislature by general law may base the amount of
35	35	and condition eligibility for the additional exemption authorized
36	36	by this subsection for disabled persons and for persons 65 years of
37	37	age or older on economic need. An eligible disabled person who is
38	38	65 years of age or older may not receive both exemptions from a
39	39	school district but may choose either. An eligible person is
40	40	entitled to receive both the exemption required by this subsection
41	41	for all residence homesteads and any exemption adopted pursuant to
42	42	Subsection (b) of this section, but the legislature shall provide
43	43	by general law whether an eligible disabled or elderly person may
44	44	receive both the additional exemption for the elderly and disabled
45	45	authorized by this subsection and any exemption for the elderly or
46	46	disabled adopted pursuant to Subsection (b) of this section. Where
47	47	ad valorem tax has previously been pledged for the payment of debt,
48	48	the taxing officers of a school district may continue to levy and
49	49	collect the tax against the value of homesteads exempted under this
50	50	subsection until the debt is discharged if the cessation of the levy
51	51	would impair the obligation of the contract by which the debt was
52	52	created. The legislature shall provide for formulas to protect
53	53	school districts against all or part of the revenue loss incurred by
54	54	the implementation of this subsection, Subsection (d) of this
55	55	section, and Section 1-d-1 of this article. The legislature by
56	56	general law may define residence homestead for purposes of this
57	57	section.
58	58	(d) Except as otherwise provided by this subsection, if a
59	59	person receives a residence homestead exemption prescribed by
60	60	Subsection (c) of this section for homesteads of persons who are 65
61	61	years of age or older or who are disabled, the total amount of ad
62	62	valorem taxes imposed on that homestead for general elementary and
63	63	secondary public school purposes may not be increased while it
64	64	remains the residence homestead of that person or that person's
65	65	spouse who receives the exemption. If a person who is 65 years of
66	66	age or older or who is disabled dies in a year in which the person
67	67	received the exemption, the total amount of ad valorem taxes
68	68	imposed on the homestead for general elementary and secondary
69	69	public school purposes may not be increased while it remains the
70	70	residence homestead of that person's surviving spouse if the spouse
71	71	is 55 years of age or older at the time of the person's death,
72	72	subject to any exceptions provided by general law. The
73	73	legislature, by general law, may provide for the transfer of all or
74	74	a proportionate amount of a limitation provided by this subsection
75	75	for a person who qualifies for the limitation and establishes a
76	76	different residence homestead. However, taxes otherwise limited by
77	77	this subsection may be increased to the extent the value of the
78	78	homestead is increased by improvements other than repairs or
79	79	improvements made to comply with governmental requirements and
80	80	except as may be consistent with the transfer of a limitation under
81	81	this subsection. For a residence homestead subject to the
82	82	limitation provided by this subsection in the 1996 tax year or an
83	83	earlier tax year, the legislature shall provide for a reduction in
84	84	the amount of the limitation for the 1997 tax year and subsequent
85	85	tax years in an amount equal to $10,000 multiplied by the 1997 tax
86	86	rate for general elementary and secondary public school purposes
87	87	applicable to the residence homestead. For a residence homestead
88	88	subject to the limitation provided by this subsection in the 2014
89	89	tax year or an earlier tax year, the legislature shall provide for a
90	90	reduction in the amount of the limitation for the 2015 tax year and
91	91	subsequent tax years in an amount equal to $10,000 multiplied by the
92	92	2015 tax rate for general elementary and secondary public school
93	93	purposes applicable to the residence homestead. For a residence
94	94	homestead subject to the limitation provided by this subsection in
95	95	the 2023 tax year or an earlier tax year, the legislature shall
96	96	provide for a reduction in the amount of the limitation for the 2024
97	97	tax year in an amount equal to $320,000 multiplied by the 2024 tax
98	98	rate for general elementary and secondary public school purposes
99	99	applicable to the residence homestead. For a residence homestead
100	100	subject to the limitation provided by this subsection in the 2024
101	101	tax year, the legislature shall provide for an increase in the
102	102	amount of the limitation for the 2025 tax year and subsequent tax
103	103	years in an amount equal to $320,000 multiplied by the 2024 tax rate
104	104	for general elementary and secondary public school purposes
105	105	applicable to the residence homestead.
106	106	(q) On December 1, 2023, $20 billion of the unobligated and
107	107	otherwise unappropriated balance of the general revenue fund is
108	108	appropriated to the foundation school fund to finance for the 2024
109	109	tax year a temporary increase in the amount of the exemption of
110	110	residence homesteads from ad valorem taxation for general
111	111	elementary and secondary public school purposes under Subsection
112	112	(c) of this section and a temporary reduction in the amount of the
113	113	limitation on the total amount of ad valorem taxes for general
114	114	elementary and secondary public school purposes imposed on the
115	115	residence homesteads of the elderly or disabled under Subsection
116	116	(d) of this section to reflect the increased exemption amount. This
117	117	subsection expires December 31, 2024.
118	118	SECTION 2. The following temporary provision is added to
119	119	the Texas Constitution:
120	120	TEMPORARY PROVISION. (a) This temporary provision applies
121	121	to the constitutional amendment proposed by the 88th Legislature,
122	122	Regular Session, 2023, to appropriate money from the general
123	123	revenue fund to the foundation school fund and use the money to
124	124	finance a temporary increase in the amount of the exemption of
125	125	residence homesteads from ad valorem taxation by a school district
126	126	and a temporary reduction in the amount of the limitation on school
127	127	district ad valorem taxes imposed on the residence homesteads of
128	128	the elderly or disabled to reflect the increased exemption amount.
129	129	(b) The amendments to Sections 1-b(c) and (d), Article VIII,
130	130	of this constitution take effect for the tax year beginning January
131	131	1, 2024.
132	132	(c) This temporary provision expires January 1, 2025.
133	133	SECTION 3. This proposed constitutional amendment shall be
134	134	submitted to the voters at an election to be held November 7, 2023.
135	135	The ballot shall be printed to permit voting for or against the
136	136	proposition: "The constitutional amendment to appropriate money
137	137	from the general revenue fund to the foundation school fund and use
138	138	the money to finance a temporary increase in the amount of the
139	139	exemption of residence homesteads from ad valorem taxation by a
140	140	school district and a temporary reduction in the amount of the
141	141	limitation on school district ad valorem taxes imposed on the
142	142	residence homesteads of the elderly or disabled to reflect the
143	143	increased exemption amount."