Texas 2025 - 89th Regular

Texas Senate Bill SJR26 Compare Versions

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11 89R359 SHH-D
22 By: Kolkhorst S.J.R. No. 26
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77 A JOINT RESOLUTION
88 proposing a constitutional amendment to authorize a political
99 subdivision other than a school district to establish a limitation
1010 on the amount of ad valorem taxes that the political subdivision may
1111 impose on the residence homesteads of persons who are disabled or
1212 elderly and their surviving spouses.
1313 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Section 1-b(h), Article VIII, Texas
1515 Constitution, is amended to read as follows:
1616 (h) The governing body of a political subdivision of this
1717 state other than a school [a county, a city or town, or a junior
1818 college] district by official action may provide that if a person
1919 who is disabled or is 65 [sixty-five (65)] years of age or older
2020 receives a residence homestead exemption prescribed or authorized
2121 by this section, the total amount of ad valorem taxes imposed on
2222 that homestead by the political subdivision [county, the city or
2323 town, or the junior college district] may not be increased while it
2424 remains the residence homestead of that person or that person's
2525 spouse who is disabled or is 65 [sixty-five (65)] years of age or
2626 older and receives a residence homestead exemption on the
2727 homestead. As an alternative, on receipt of a petition signed by
2828 five percent [(5%)] of the registered voters of the political
2929 subdivision [county, the city or town, or the junior college
3030 district], the governing body [of the county, the city or town, or
3131 the junior college district] shall call an election to determine by
3232 majority vote whether to establish a tax limitation provided by
3333 this subsection. If a political subdivision [county, a city or
3434 town, or a junior college district] establishes a tax limitation
3535 provided by this subsection and a [disabled] person who is disabled
3636 or is 65 [a person sixty-five (65)] years of age or older dies in a
3737 year in which the person received a residence homestead exemption,
3838 the total amount of ad valorem taxes imposed on the homestead by the
3939 political subdivision [county, the city or town, or the junior
4040 college district] may not be increased while it remains the
4141 residence homestead of that person's surviving spouse if the spouse
4242 is 55 [fifty-five (55)] years of age or older at the time of the
4343 person's death, subject to any exceptions provided by general law.
4444 The legislature, by general law, may provide for the transfer of all
4545 or a proportionate amount of a tax limitation provided by this
4646 subsection for a person who qualifies for the limitation and
4747 establishes a different residence homestead within the same
4848 political subdivision [county, within the same city or town, or
4949 within the same junior college district]. A political subdivision
5050 [county, a city or town, or a junior college district] that
5151 establishes a tax limitation under this subsection must comply with
5252 a law providing for the transfer of the limitation, even if the
5353 legislature enacts the law subsequent to the political
5454 subdivision's [county's, the city's or town's, or the junior college
5555 district's] establishment of the limitation. Taxes otherwise
5656 limited by a political subdivision [county, a city or town, or a
5757 junior college district] under this subsection may be increased to
5858 the extent the value of the homestead is increased by improvements
5959 other than repairs and other than improvements made to comply with
6060 governmental requirements and except as may be consistent with the
6161 transfer of a tax limitation under a law authorized by this
6262 subsection. The governing body of a political subdivision [county,
6363 a city or town, or a junior college district] may not repeal or
6464 rescind a tax limitation established under this subsection.
6565 SECTION 2. The following temporary provision is added to
6666 the Texas Constitution:
6767 TEMPORARY PROVISION. (a) This temporary provision applies
6868 to the constitutional amendment proposed by the 89th Legislature,
6969 Regular Session, 2025, to authorize a political subdivision other
7070 than a school district to establish a limitation on the amount of ad
7171 valorem taxes that the political subdivision may impose on the
7272 residence homesteads of persons who are disabled or elderly and
7373 their surviving spouses.
7474 (b) The amendment to Section 1-b(h), Article VIII, of this
7575 constitution takes effect January 1, 2026.
7676 (c) This temporary provision expires January 1, 2027.
7777 SECTION 3. This proposed constitutional amendment shall be
7878 submitted to the voters at an election to be held November 4, 2025.
7979 The ballot shall be printed to permit voting for or against the
8080 proposition: "The constitutional amendment to authorize a
8181 political subdivision other than a school district to establish a
8282 limitation on the amount of ad valorem taxes that the political
8383 subdivision may impose on the residence homesteads of persons who
8484 are disabled or elderly and their surviving spouses."