| 1 | 1 | | 89R1258 MLH-D |
|---|
| 2 | 2 | | By: Bell of Montgomery H.J.R. No. 43 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A JOINT RESOLUTION |
|---|
| 8 | 8 | | proposing a constitutional amendment to exempt from ad valorem |
|---|
| 9 | 9 | | taxation the total market value of the residence homesteads of |
|---|
| 10 | 10 | | certain elderly persons and their surviving spouses. |
|---|
| 11 | 11 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Section 1-b, Article VIII, Texas Constitution, |
|---|
| 13 | 13 | | is amended by adding Subsection (q) to read as follows: |
|---|
| 14 | 14 | | (q) A person is entitled to an exemption from ad valorem |
|---|
| 15 | 15 | | taxation of the total market value of the person's residence |
|---|
| 16 | 16 | | homestead if the person is 72 years of age or older and the person |
|---|
| 17 | 17 | | has received an exemption under this section for the residence |
|---|
| 18 | 18 | | homestead for at least the preceding 10 years. The surviving spouse |
|---|
| 19 | 19 | | of a person who received an exemption under this subsection for the |
|---|
| 20 | 20 | | residence homestead of a person 72 years of age or older is entitled |
|---|
| 21 | 21 | | to an exemption from ad valorem taxation of the total market value |
|---|
| 22 | 22 | | of the same property if the deceased spouse died in a year in which |
|---|
| 23 | 23 | | the deceased spouse received the exemption, the surviving spouse |
|---|
| 24 | 24 | | was 55 years of age or older when the deceased spouse died, and the |
|---|
| 25 | 25 | | property was the residence homestead of the surviving spouse when |
|---|
| 26 | 26 | | the deceased spouse died and remains the residence homestead of the |
|---|
| 27 | 27 | | surviving spouse. Where ad valorem tax of a political subdivision |
|---|
| 28 | 28 | | has previously been pledged for the payment of debt, the taxing |
|---|
| 29 | 29 | | officers of the political subdivision may continue to levy and |
|---|
| 30 | 30 | | collect the tax against the value of residence homesteads exempted |
|---|
| 31 | 31 | | under this subsection until the debt is discharged if the cessation |
|---|
| 32 | 32 | | of the levy would impair the obligation of the contract by which the |
|---|
| 33 | 33 | | debt was created. The legislature shall provide for formulas to |
|---|
| 34 | 34 | | protect school districts against all or part of the revenue loss |
|---|
| 35 | 35 | | incurred by the implementation of this subsection. The legislature |
|---|
| 36 | 36 | | by general law may prescribe procedures for the administration of |
|---|
| 37 | 37 | | this subsection. |
|---|
| 38 | 38 | | SECTION 2. The following temporary provision is added to |
|---|
| 39 | 39 | | the Texas Constitution: |
|---|
| 40 | 40 | | TEMPORARY PROVISION. (a) This temporary provision applies |
|---|
| 41 | 41 | | to the constitutional amendment proposed by the 89th Legislature, |
|---|
| 42 | 42 | | Regular Session, 2025, to exempt from ad valorem taxation the total |
|---|
| 43 | 43 | | market value of the residence homesteads of certain elderly persons |
|---|
| 44 | 44 | | and their surviving spouses. |
|---|
| 45 | 45 | | (b) Section 1-b(q), Article VIII, of this constitution |
|---|
| 46 | 46 | | takes effect January 1, 2026. |
|---|
| 47 | 47 | | (c) This temporary provision expires January 1, 2027. |
|---|
| 48 | 48 | | SECTION 3. This proposed constitutional amendment shall be |
|---|
| 49 | 49 | | submitted to the voters at an election to be held November 4, 2025. |
|---|
| 50 | 50 | | The ballot shall be printed to permit voting for or against the |
|---|
| 51 | 51 | | proposition: "The constitutional amendment to exempt from ad |
|---|
| 52 | 52 | | valorem taxation the total market value of the residence homestead |
|---|
| 53 | 53 | | of a person 72 years of age or older or the person's surviving |
|---|
| 54 | 54 | | spouse." |
|---|