1 | 1 | | 89R1119 CJC-D |
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2 | 2 | | By: Shaheen H.J.R. No. 111 |
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4 | 4 | | |
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6 | 6 | | |
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7 | 7 | | A JOINT RESOLUTION |
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8 | 8 | | proposing a constitutional amendment establishing a limitation on |
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9 | 9 | | the total amount of ad valorem taxes that certain political |
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10 | 10 | | subdivisions may impose on the residence homesteads of persons who |
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11 | 11 | | are disabled or elderly and their surviving spouses. |
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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(h), Article VIII, Texas |
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14 | 14 | | Constitution, is amended to read as follows: |
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15 | 15 | | (h) Except as otherwise provided by this subsection, [The |
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16 | 16 | | governing body of a county, a city or town, or a junior college |
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17 | 17 | | district by official action may provide that] if a person who is |
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18 | 18 | | disabled or is 65 [sixty-five (65)] years of age or older receives a |
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19 | 19 | | residence homestead exemption prescribed or authorized by this |
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20 | 20 | | section, the total amount of ad valorem taxes imposed on that |
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21 | 21 | | homestead by a political subdivision of this state other than a |
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22 | 22 | | school [the county, the city or town, or the junior college] |
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23 | 23 | | district may not be increased while it remains the residence |
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24 | 24 | | homestead of that person or that person's spouse who is disabled or |
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25 | 25 | | is 65 [sixty-five (65)] years of age or older and receives a |
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26 | 26 | | residence homestead exemption on the homestead. [As an alternative, |
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27 | 27 | | on receipt of a petition signed by five percent (5%) of the |
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28 | 28 | | registered voters of the county, the city or town, or the junior |
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29 | 29 | | college district, the governing body of the county, the city or |
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30 | 30 | | town, or the junior college district shall call an election to |
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31 | 31 | | determine by majority vote whether to establish a tax limitation |
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32 | 32 | | provided by this subsection.] If a [county, a city or town, or a |
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33 | 33 | | junior college district establishes a tax limitation provided by |
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34 | 34 | | this subsection and a disabled] person who is disabled or is 65 [a |
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35 | 35 | | person sixty-five (65)] years of age or older dies in a year in |
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36 | 36 | | which the person received a residence homestead exemption, the |
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37 | 37 | | total amount of ad valorem taxes imposed on the homestead by the |
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38 | 38 | | political subdivision [county, the city or town, or the junior |
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39 | 39 | | college district] may not be increased while it remains the |
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40 | 40 | | residence homestead of that person's surviving spouse if the spouse |
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41 | 41 | | is disabled or is 55 [fifty-five (55)] years of age or older at the |
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42 | 42 | | time of the person's death, subject to any exceptions provided by |
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43 | 43 | | general law. The legislature, by general law, may provide for the |
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44 | 44 | | transfer of all or a proportionate amount of a tax limitation |
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45 | 45 | | required [provided] by this subsection for a person who receives |
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46 | 46 | | [qualifies for] the limitation and establishes a different |
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47 | 47 | | residence homestead [within the same county, within the same city |
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48 | 48 | | or town, or within the same junior college district. A county, a |
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49 | 49 | | city or town, or a junior college district that establishes a tax |
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50 | 50 | | limitation under this subsection must comply with a law providing |
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51 | 51 | | for the transfer of the limitation, even if the legislature enacts |
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52 | 52 | | the law subsequent to the county's, the city's or town's, or the |
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53 | 53 | | junior college district's establishment of the limitation]. Taxes |
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54 | 54 | | otherwise limited by [a county, a city or town, or a junior college |
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55 | 55 | | district under] this subsection may be increased to the extent the |
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56 | 56 | | value of the homestead is increased by improvements other than |
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57 | 57 | | repairs and other than improvements made to comply with |
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58 | 58 | | governmental requirements and except as may be consistent with the |
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59 | 59 | | transfer of a tax limitation under a law authorized by this |
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60 | 60 | | subsection. [The governing body of a county, a city or town, or a |
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61 | 61 | | junior college district may not repeal or rescind a tax limitation |
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62 | 62 | | established under this subsection.] |
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63 | 63 | | SECTION 2. The following temporary provision is added to |
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64 | 64 | | the Texas Constitution: |
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65 | 65 | | TEMPORARY PROVISION. (a) This temporary provision applies to |
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66 | 66 | | the constitutional amendment proposed by the 89th Legislature, |
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67 | 67 | | Regular Session, 2025, establishing a limitation on the total |
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68 | 68 | | amount of ad valorem taxes that certain political subdivisions may |
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69 | 69 | | impose on the residence homesteads of persons who are disabled or |
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70 | 70 | | elderly and their surviving spouses. |
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71 | 71 | | (b) The amendment to Section 1-b(h), Article VIII, of this |
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72 | 72 | | constitution takes effect January 1, 2026. |
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73 | 73 | | (c) This temporary provision expires January 1, 2027. |
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74 | 74 | | SECTION 3. This proposed constitutional amendment shall be |
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75 | 75 | | submitted to the voters at an election to be held November 4, 2025. |
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76 | 76 | | The ballot shall be printed to permit voting for or against the |
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77 | 77 | | proposition: "The constitutional amendment establishing a |
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78 | 78 | | limitation on the total amount of ad valorem taxes that a political |
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79 | 79 | | subdivision of this state other than a school district may impose on |
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80 | 80 | | the residence homesteads of persons who are disabled or elderly and |
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81 | 81 | | their surviving spouses." |
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