Texas 2023 - 88th Regular

Texas Senate Bill SJR31 Compare Versions

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11 By: Blanco S.J.R. No. 31
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44 A JOINT RESOLUTION
55 proposing a constitutional amendment authorizing the governing
66 body of a political subdivision other than a school district to
77 adopt an exemption from ad valorem taxation of a portion, expressed
88 as a dollar amount, of the market value of an individual's residence
99 homestead.
1010 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 1-b, Article VIII, Texas Constitution,
1212 is amended by adding Subsections (q), (r), and (s) to read as
1313 follows:
1414 (q) The governing body of a political subdivision other than
1515 a school district by official action may exempt from ad valorem
1616 taxation a portion of the market value of the residence homestead of
1717 an individual. The amount of the exemption is $14,000 except that
1818 if the average market value of residence homesteads in the
1919 political subdivision in the tax year in which the exemption is
2020 adopted exceeds $70,000, the governing body may authorize an
2121 exemption in a larger dollar amount not to exceed an amount equal to
2222 20 percent of the average market value of residence homesteads in
2323 the political subdivision in the tax year in which the exemption is
2424 adopted. The legislature by general law shall specify the method
2525 for computing the average market value of residence homesteads for
2626 purposes of this subsection. The legislature by general law may
2727 prohibit the governing body of a political subdivision that adopts
2828 an exemption under this subsection from reducing the amount of or
2929 repealing the exemption. Where ad valorem tax has previously been
3030 pledged for the payment of debt, the governing body may continue to
3131 levy and collect the tax against the value of the homesteads
3232 exempted under this subsection until the debt is discharged if the
3333 cessation of the levy would impair the obligation of the contract by
3434 which the debt was created.
3535 (r) The exemption amount and the average market value of
3636 residence homesteads amount described in Subsection (q) of this
3737 section apply to the 2024 tax year. For each subsequent tax year,
3838 the comptroller shall adjust those amounts to reflect inflation by
3939 using the index that the comptroller considers to most accurately
4040 report changes in the purchasing power of the dollar for consumers
4141 in this state and shall publicize the adjusted amounts.
4242 (s) This subsection applies only to a political subdivision
4343 the governing body of which has ceased granting an exemption under
4444 Subsection (e) of this section, if doing so is not prohibited by the
4545 legislature by general law, and has adopted an exemption under
4646 Subsection (q) of this section. An individual who would have been
4747 entitled to an exemption from ad valorem taxation by the political
4848 subdivision under Subsection (e) of this section had the governing
4949 body not ceased granting an exemption under that subsection is
5050 entitled to continue to receive an exemption under that subsection
5151 in lieu of the exemption under Subsection (q) of this section if the
5252 individual otherwise qualifies for the exemption under Subsection
5353 (e) of this section and the amount of the exemption under that
5454 subsection exceeds the amount of the exemption under Subsection (q)
5555 of this section. The exemption applies only to property for which
5656 the individual received an exemption under Subsection (e) of this
5757 section in the last tax year in which the governing body granted an
5858 exemption under that subsection. The exemption expires in the
5959 event of a change in ownership of the property or, if the property
6060 is owned by a trust and the trustor of the trust or a beneficiary of
6161 the trust has the right to use and occupy the property as the
6262 trustor's or beneficiary's principal residential property, a change
6363 in the trustor or beneficiary of the trust, respectively.
6464 SECTION 2. The following temporary provision is added to
6565 the Texas Constitution:
6666 TEMPORARY PROVISION. (a) This temporary provision applies
6767 to the constitutional amendment proposed by the 88th Legislature,
6868 Regular Session, 2023, authorizing the governing body of a
6969 political subdivision other than a school district to adopt an
7070 exemption from ad valorem taxation of a portion, expressed as a
7171 dollar amount, of the market value of an individual's residence
7272 homestead.
7373 (b) The amendment to Section 1-b, Article VIII, of this
7474 constitution takes effect beginning with the tax year that begins
7575 January 1, 2024.
7676 (c) This temporary provision expires January 1, 2025.
7777 SECTION 3. This proposed constitutional amendment shall be
7878 submitted to the voters at an election to be held November 7, 2023.
7979 The ballot shall be printed to permit voting for or against the
8080 proposition: "The constitutional amendment authorizing the
8181 governing body of a political subdivision other than a school
8282 district to adopt an exemption from ad valorem taxation of a
8383 portion, expressed as a dollar amount, of the market value of an
8484 individual's residence homestead."