1 | 1 | | 89R11518 DRS-D |
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2 | 2 | | By: Bryant H.J.R. No. 200 |
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7 | 7 | | A JOINT RESOLUTION |
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8 | 8 | | proposing a constitutional amendment to authorize the legislature |
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9 | 9 | | to provide for an exemption from ad valorem taxation by a school |
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10 | 10 | | district of a portion of the market value of certain leased |
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11 | 11 | | residential real properties, to establish and prescribe the |
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12 | 12 | | permissible uses of the property tax relief to rental households |
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13 | 13 | | fund, and to include payments from the property tax relief to rental |
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14 | 14 | | households fund in the exception of certain appropriations to pay |
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15 | 15 | | for ad valorem tax relief from the constitutional limitation on the |
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16 | 16 | | rate of growth of appropriations. |
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17 | 17 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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18 | 18 | | SECTION 1. Article VIII, Texas Constitution, is amended by |
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19 | 19 | | adding Sections 1-b-3 and 30 to read as follows: |
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20 | 20 | | Sec. 1-b-3. (a) In this section, "qualified residential |
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21 | 21 | | real property" means real property that: |
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22 | 22 | | (1) is at least 15 years old on the date the owner of |
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23 | 23 | | the property applies for the exemption authorized under this |
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24 | 24 | | section; |
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25 | 25 | | (2) is a multifamily residential property that |
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26 | 26 | | consists of or includes residential units leased to lessees and |
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27 | 27 | | used by those lessees as a primary residence; and |
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28 | 28 | | (3) satisfies the eligibility requirements prescribed |
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29 | 29 | | by the legislature by general law. |
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30 | 30 | | (b) The legislature by general law may exempt from ad |
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31 | 31 | | valorem taxation by a school district: |
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32 | 32 | | (1) 50 percent of the market value of qualified |
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33 | 33 | | residential real property a person owns, excluding the portion of |
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34 | 34 | | the market value of the property described by Subdivision (2) of |
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35 | 35 | | this subsection, if applicable; and |
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36 | 36 | | (2) any increase in the market value of qualified |
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37 | 37 | | residential real property that is attributable to the |
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38 | 38 | | rehabilitation of the property. |
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39 | 39 | | (c) The legislature by general law may prescribe additional |
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40 | 40 | | eligibility requirements for the exemption. |
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41 | 41 | | (d) The legislature by general law may prescribe procedures |
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42 | 42 | | for the implementation and administration of this section. |
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43 | 43 | | Sec. 30. (a) The property tax relief to rental households |
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44 | 44 | | fund is established as a fund in the state treasury. |
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45 | 45 | | (b) The property tax relief to rental households fund may |
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46 | 46 | | consist of money: |
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47 | 47 | | (1) transferred or appropriated to the fund by the |
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48 | 48 | | legislature; or |
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49 | 49 | | (2) dedicated for deposit to the credit of the fund by |
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50 | 50 | | the legislature by general law. |
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51 | 51 | | (c) Money in the property tax relief to rental households |
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52 | 52 | | fund may be appropriated to the comptroller of public accounts only |
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53 | 53 | | for the purpose of making direct payments to rental households to |
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54 | 54 | | provide property tax relief in the manner prescribed by the |
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55 | 55 | | legislature by general law. |
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56 | 56 | | (d) A general law enacted under this section may: |
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57 | 57 | | (1) define "rental household" for purposes of this |
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58 | 58 | | section; |
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59 | 59 | | (2) prescribe eligibility requirements for the |
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60 | 60 | | receipt of a payment from the property tax relief to rental |
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61 | 61 | | households fund; and |
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62 | 62 | | (3) prescribe procedures for the administration of |
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63 | 63 | | this section. |
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64 | 64 | | (e) On January 1, 2026: |
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65 | 65 | | (1) the amount of $3.8 billion is appropriated from |
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66 | 66 | | the general revenue fund to the comptroller of public accounts for |
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67 | 67 | | the purpose of immediate deposit to the credit of the property tax |
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68 | 68 | | relief to rental households fund; and |
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69 | 69 | | (2) the amount of $3.8 billion is appropriated from |
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70 | 70 | | the property tax relief to rental households fund to the |
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71 | 71 | | comptroller of public accounts for the purpose of making direct |
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72 | 72 | | payments to rental households during the state fiscal biennium |
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73 | 73 | | ending August 31, 2027, in the manner prescribed by the general law |
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74 | 74 | | enacted under this section. |
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75 | 75 | | (f) For purposes of Section 22 of this article, an |
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76 | 76 | | appropriation made under Subsection (e) of this section is treated |
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77 | 77 | | as if it were an appropriation of revenues dedicated by this |
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78 | 78 | | constitution. |
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79 | 79 | | (g) This subsection and Subsections (e) and (f) of this |
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80 | 80 | | section expire December 31, 2026. |
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81 | 81 | | SECTION 2. Section 22(a-1), Article VIII, Texas |
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82 | 82 | | Constitution, is amended to read as follows: |
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83 | 83 | | (a-1) Appropriations from state tax revenues not dedicated |
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84 | 84 | | by this constitution that are made for the purpose of paying for ad |
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85 | 85 | | valorem tax relief as identified by the legislature by general law, |
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86 | 86 | | including payments made from the property tax relief to rental |
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87 | 87 | | households fund under Section 30 of this article, are not included |
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88 | 88 | | as appropriations for purposes of determining whether the rate of |
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89 | 89 | | growth of appropriations exceeds the limitation prescribed by |
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90 | 90 | | Subsection (a) of this section. |
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91 | 91 | | SECTION 3. The following temporary provision is added to |
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92 | 92 | | the Texas Constitution: |
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93 | 93 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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94 | 94 | | to the constitutional amendment proposed by the 89th Legislature, |
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95 | 95 | | Regular Session, 2025, to authorize the legislature to provide for |
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96 | 96 | | an exemption from ad valorem taxation by a school district of a |
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97 | 97 | | portion of the market value of certain leased residential real |
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98 | 98 | | properties, to establish and prescribe the permissible uses of the |
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99 | 99 | | property tax relief to rental households fund, and to include |
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100 | 100 | | payments from the property tax relief to rental households fund in |
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101 | 101 | | the exception of certain appropriations to pay for ad valorem tax |
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102 | 102 | | relief from the constitutional limitation on the rate of growth of |
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103 | 103 | | appropriations. |
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104 | 104 | | (b) The amendments adding Sections 1-b-3 and 30 to Article |
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105 | 105 | | VIII of this constitution take effect beginning with the tax year |
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106 | 106 | | beginning January 1, 2026. |
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107 | 107 | | (c) The amendment to Section 22(a-1), Article VIII, of this |
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108 | 108 | | constitution applies to appropriations made for the state fiscal |
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109 | 109 | | biennium beginning September 1, 2025, and subsequent state fiscal |
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110 | 110 | | bienniums. |
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111 | 111 | | (d) This temporary provision expires January 1, 2027. |
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112 | 112 | | SECTION 4. This proposed constitutional amendment shall be |
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113 | 113 | | submitted to the voters at an election to be held November 4, 2025. |
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114 | 114 | | The ballot shall be printed to permit voting for or against the |
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115 | 115 | | proposition: "The constitutional amendment to authorize the |
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116 | 116 | | legislature to provide for an exemption from ad valorem taxation by |
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117 | 117 | | a school district of a portion of the market value of certain leased |
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118 | 118 | | residential real properties, to establish and prescribe the |
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119 | 119 | | permissible uses of the property tax relief to rental households |
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120 | 120 | | fund, and to include payments from the property tax relief to rental |
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121 | 121 | | households fund in the exception of certain appropriations to pay |
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122 | 122 | | for ad valorem tax relief from the constitutional limitation on the |
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123 | 123 | | rate of growth of appropriations." |
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