| 1 | 1 | | 88S30138 MLH-D |
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| 2 | 2 | | By: Bell of Montgomery H.J.R. No. 10 |
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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 the total market value of the residence homesteads of |
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| 8 | 8 | | 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 (q) to read as follows: |
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| 12 | 12 | | (q) A person is entitled to an exemption from ad valorem |
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| 13 | 13 | | taxation of the total market value of the person's residence |
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| 14 | 14 | | homestead if the person is 72 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 72 years of age or older is entitled |
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| 19 | 19 | | to an exemption from ad valorem taxation of the total market value |
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| 20 | 20 | | of the same property if the deceased spouse died in a year in which |
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| 21 | 21 | | the deceased spouse received the exemption, the surviving spouse |
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| 22 | 22 | | was 55 years of age or older when the deceased spouse died, and the |
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| 23 | 23 | | property was the residence homestead of the surviving spouse when |
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| 24 | 24 | | the deceased spouse died and remains the residence homestead of the |
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| 25 | 25 | | surviving spouse. Where ad valorem tax of a political subdivision |
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| 26 | 26 | | has previously been pledged for the payment of debt, the taxing |
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| 27 | 27 | | officers of the political subdivision may continue to levy and |
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| 28 | 28 | | collect the tax against the value of residence homesteads exempted |
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| 29 | 29 | | under this subsection until the debt is discharged if the cessation |
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| 30 | 30 | | of the levy would impair the obligation of the contract by which the |
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| 31 | 31 | | debt was created. The legislature shall provide for formulas to |
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| 32 | 32 | | protect school districts against all or part of the revenue loss |
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| 33 | 33 | | incurred by the implementation of this subsection. The legislature |
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| 34 | 34 | | by general law may prescribe procedures for the administration of |
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| 35 | 35 | | this subsection. |
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| 36 | 36 | | SECTION 2. The following temporary provision is added to |
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| 37 | 37 | | the Texas Constitution: |
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| 38 | 38 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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| 39 | 39 | | to the constitutional amendment proposed by the 88th Legislature, |
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| 40 | 40 | | 3rd Called Session, 2023, to exempt from ad valorem taxation the |
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| 41 | 41 | | total market value of the residence homesteads of certain elderly |
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| 42 | 42 | | persons and their surviving spouses. |
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| 43 | 43 | | (b) Section 1-b(q), Article VIII, of this constitution |
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| 44 | 44 | | takes effect January 1, 2025. |
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| 45 | 45 | | (c) This temporary provision expires January 1, 2026. |
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| 46 | 46 | | SECTION 3. This proposed constitutional amendment shall be |
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| 47 | 47 | | submitted to the voters at an election to be held November 5, 2024. |
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| 48 | 48 | | The ballot shall be printed to permit voting for or against the |
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| 49 | 49 | | proposition: "The constitutional amendment to exempt from ad |
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| 50 | 50 | | valorem taxation the total market value of the residence homestead |
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| 51 | 51 | | of a person 72 years of age or older or the person's surviving |
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| 52 | 52 | | spouse." |
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