1 | 1 | | By: Wilson H.J.R. No. 73 |
---|
2 | 2 | | |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | |
---|
6 | 6 | | A JOINT RESOLUTION |
---|
7 | 7 | | proposing a constitutional amendment to authorize a limitation on |
---|
8 | 8 | | the total amount of ad valorem taxes that a political subdivision |
---|
9 | 9 | | other than a school district, county, municipality, or junior |
---|
10 | 10 | | college district may impose on the residence homesteads of certain |
---|
11 | 11 | | low-income persons who are disabled or elderly and their surviving |
---|
12 | 12 | | spouses. |
---|
13 | 13 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
14 | 14 | | SECTION 1. Section 1-b, Article VIII, Texas Constitution, |
---|
15 | 15 | | is amended by adding Subsection (h-1) to read as follows: |
---|
16 | 16 | | (h-1) The governing body of a political subdivision other |
---|
17 | 17 | | than a school district, county, city or town, or junior college |
---|
18 | 18 | | district by official action may provide that if a person of limited |
---|
19 | 19 | | financial means who is disabled or is 65 years of age or older |
---|
20 | 20 | | receives a residence homestead exemption prescribed or authorized |
---|
21 | 21 | | by this section, the total amount of ad valorem taxes imposed on |
---|
22 | 22 | | that homestead by the political subdivision may not be increased |
---|
23 | 23 | | while the homestead remains the residence homestead of that person |
---|
24 | 24 | | or that person's spouse if the spouse is of limited financial means |
---|
25 | 25 | | and is disabled or is 65 years of age or older and receives a |
---|
26 | 26 | | residence homestead exemption on the homestead. As an alternative, |
---|
27 | 27 | | on receipt of a petition signed by five percent of the registered |
---|
28 | 28 | | voters of the political subdivision, the governing body of the |
---|
29 | 29 | | political subdivision shall call an election to determine by |
---|
30 | 30 | | majority vote whether to establish a tax limitation provided by |
---|
31 | 31 | | this subsection. If a political subdivision establishes a tax |
---|
32 | 32 | | limitation provided by this subsection and a person of limited |
---|
33 | 33 | | financial means who is disabled or is 65 years of age or older dies |
---|
34 | 34 | | in a year in which the person received a residence homestead |
---|
35 | 35 | | exemption, the total amount of ad valorem taxes imposed on the |
---|
36 | 36 | | homestead by the political subdivision may not be increased while |
---|
37 | 37 | | the homestead remains the residence homestead of that person's |
---|
38 | 38 | | surviving spouse if the spouse is of limited financial means and is |
---|
39 | 39 | | 55 years of age or older at the time of the person's death, subject |
---|
40 | 40 | | to any exceptions provided by general law. The legislature, by |
---|
41 | 41 | | general law, may provide for the transfer of all or a proportionate |
---|
42 | 42 | | amount of a tax limitation provided by this subsection for a person |
---|
43 | 43 | | who qualifies for the limitation and establishes a different |
---|
44 | 44 | | residence homestead located in the same political subdivision. A |
---|
45 | 45 | | political subdivision that establishes a tax limitation under this |
---|
46 | 46 | | subsection must comply with a law providing for the transfer of the |
---|
47 | 47 | | limitation, even if the legislature enacts the law subsequent to |
---|
48 | 48 | | the establishment by the political subdivision of the limitation. |
---|
49 | 49 | | Taxes otherwise limited by a political subdivision under this |
---|
50 | 50 | | subsection may be increased to the extent the value of the homestead |
---|
51 | 51 | | is increased by improvements other than repairs and other than |
---|
52 | 52 | | improvements made to comply with governmental requirements and |
---|
53 | 53 | | except as may be consistent with the transfer of a tax limitation |
---|
54 | 54 | | under a law authorized by this subsection. The governing body of a |
---|
55 | 55 | | political subdivision may not repeal or rescind a tax limitation |
---|
56 | 56 | | established under this subsection. The legislature by general law |
---|
57 | 57 | | may prescribe the method for determining whether a person is of |
---|
58 | 58 | | limited financial means for purposes of this subsection. |
---|
59 | 59 | | SECTION 2. The following temporary provision is added to |
---|
60 | 60 | | the Texas Constitution: |
---|
61 | 61 | | TEMPORARY PROVISION. (a) This temporary provision applies |
---|
62 | 62 | | to the constitutional amendment proposed by the 88th Legislature, |
---|
63 | 63 | | Regular Session, 2023, to authorize a limitation on the total |
---|
64 | 64 | | amount of ad valorem taxes that a political subdivision other than a |
---|
65 | 65 | | school district, county, municipality, or junior college district |
---|
66 | 66 | | may impose on the residence homesteads of certain low-income |
---|
67 | 67 | | persons who are disabled or elderly and their surviving spouses. |
---|
68 | 68 | | (b) Section 1-b(h-1), Article VIII, of this constitution, |
---|
69 | 69 | | as added by the amendment, takes effect January 1, 2026. |
---|
70 | 70 | | (c) This temporary provision expires January 1, 2027. |
---|
71 | 71 | | SECTION 3. This proposed constitutional amendment shall be |
---|
72 | 72 | | submitted to the voters at an election to be held November 4, 2025. |
---|
73 | 73 | | The ballot shall be printed to permit voting for or against the |
---|
74 | 74 | | proposition: "The constitutional amendment to authorize a |
---|
75 | 75 | | limitation on the total amount of ad valorem taxes that a political |
---|
76 | 76 | | subdivision other than a school district, county, municipality, or |
---|
77 | 77 | | junior college district may impose on the residence homesteads of |
---|
78 | 78 | | certain low-income persons who are disabled or elderly and their |
---|
79 | 79 | | surviving spouses." |
---|