|
|
|
A JOINT RESOLUTION
|
|
proposing a constitutional amendment providing for an exemption |
|
from ad valorem taxation for public school purposes of a |
|
percentage, rather than a dollar amount, of the market value of a |
|
residence homestead and providing for a reduction of the limitation |
|
on the total amount of ad valorem taxes that may be imposed for |
|
those purposes on the homestead of an elderly or disabled person to |
|
reflect any increased exemption amount. |
|
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Sections 1-b(c) and (d), Article VIII, Texas |
|
Constitution, are amended to read as follows: |
|
(c) Seven and one-half percent [Fifteen Thousand Dollars
|
|
($15,000)] of the market value of the residence homestead of a |
|
married or unmarried adult, including one living alone, is exempt |
|
from ad valorem taxation for general elementary and secondary |
|
public school purposes. The legislature by general law may provide |
|
that all or part of the exemption does not apply to a district or |
|
political subdivision that imposes ad valorem taxes for public |
|
education purposes but is not the principal school district |
|
providing general elementary and secondary public education |
|
throughout its territory. In addition to this exemption, the |
|
legislature by general law may exempt an amount not to exceed [Ten
|
|
Thousand Dollars (]$10,000[)] of the market value of the residence |
|
homestead of a person who is disabled as defined in Subsection (b) |
|
of this section and of a person [sixty-five (]65[)] years of age or |
|
older from ad valorem taxation for general elementary and secondary |
|
public school purposes. The legislature by general law may base the |
|
amount of and condition eligibility for the additional exemption |
|
authorized by this subsection for disabled persons and for persons |
|
[sixty-five (]65[)] years of age or older on economic need. An |
|
eligible disabled person who is [sixty-five (]65[)] years of age or |
|
older may not receive both exemptions from a school district but may |
|
choose either. An eligible person is entitled to receive both the |
|
exemption required by this subsection for all residence homesteads |
|
and any exemption adopted pursuant to Subsection (b) of this |
|
section, but the legislature shall provide by general law whether |
|
an eligible disabled or elderly person may receive both the |
|
additional exemption for the elderly and disabled authorized by |
|
this subsection and any exemption for the elderly or disabled |
|
adopted pursuant to Subsection (b) of this section. Where ad |
|
valorem tax has previously been pledged for the payment of debt, the |
|
taxing officers of a school district may continue to levy and |
|
collect the tax against the value of homesteads exempted under this |
|
subsection until the debt is discharged if the cessation of the levy |
|
would impair the obligation of the contract by which the debt was |
|
created. The legislature shall provide for formulas to protect |
|
school districts against all or part of the revenue loss incurred by |
|
the implementation of this subsection, Subsection (d) of this |
|
section, and Section 1-d-1 of this article [Article VIII, Sections
|
|
1-b(c), 1-b(d), and 1-d-1, of this constitution]. The legislature |
|
by general law may define residence homestead for purposes of this |
|
section. |
|
(d) Except as otherwise provided by this subsection, if a |
|
person receives a residence homestead exemption prescribed by |
|
Subsection (c) of this section for homesteads of persons who are |
|
[sixty-five (]65[)] years of age or older or who are disabled, the |
|
total amount of ad valorem taxes imposed on that homestead for |
|
general elementary and secondary public school purposes may not be |
|
increased while it remains the residence homestead of that person |
|
or that person's spouse who receives the exemption. If a person |
|
[sixty-five (]65[)] years of age or older dies in a year in which |
|
the person received the exemption, the total amount of ad valorem |
|
taxes imposed on the homestead for general elementary and secondary |
|
public school purposes may not be increased while it remains the |
|
residence homestead of that person's surviving spouse if the spouse |
|
is [fifty-five (]55[)] years of age or older at the time of the |
|
person's death, subject to any exceptions provided by general law. |
|
The legislature, by general law, may provide for the transfer of all |
|
or a proportionate amount of a limitation provided by this |
|
subsection for a person who qualifies for the limitation and |
|
establishes a different residence homestead. However, taxes |
|
otherwise limited by this subsection may be increased to the extent |
|
the value of the homestead is increased by improvements other than |
|
repairs or improvements made to comply with governmental |
|
requirements and except as may be consistent with the transfer of a |
|
limitation under this subsection. For a residence homestead subject |
|
to the limitation provided by this subsection in the 1996 tax year |
|
or an earlier tax year, the legislature shall provide for a |
|
reduction in the amount of the limitation for the 1997 tax year and |
|
subsequent tax years in an amount equal to $10,000 multiplied by the |
|
1997 tax rate for general elementary and secondary public school |
|
purposes applicable to the residence homestead. For a residence |
|
homestead subject to the limitation provided by this subsection in |
|
the 2015 tax year or an earlier tax year that has a market value in |
|
the 2016 tax year of more than $200,000, the legislature shall |
|
provide for a reduction in the amount of the limitation for the 2016 |
|
tax year and subsequent tax years in an amount equal to the amount |
|
computed by subtracting $15,000 from an amount equal to 7.5 percent |
|
of the market value of the homestead in the 2016 tax year and |
|
multiplying that amount by the 2016 tax rate for general elementary |
|
and secondary public school purposes applicable to the homestead. |
|
SECTION 2. The following temporary provision is added to |
|
the Texas Constitution: |
|
TEMPORARY PROVISION. (a) This temporary provision applies |
|
to the constitutional amendment proposed by the 84th Legislature, |
|
Regular Session, 2015, providing for an exemption from ad valorem |
|
taxation for public school purposes of a percentage, rather than a |
|
dollar amount, of the market value of a residence homestead and |
|
providing for a reduction of the limitation on the total amount of |
|
ad valorem taxes that may be imposed for those purposes on the |
|
homestead of an elderly or disabled person to reflect any increased |
|
exemption amount. |
|
(b) The amendment to Sections 1-b(c) and (d), Article VIII, |
|
of this constitution takes effect January 1, 2016, and applies only |
|
to a tax year beginning on or after that date. |
|
(c) This temporary provision expires January 1, 2017. |
|
SECTION 3. This proposed constitutional amendment shall be |
|
submitted to the voters at an election to be held November 3, 2015. |
|
The ballot shall be printed to permit voting for or against the |
|
proposition: "The constitutional amendment providing for an |
|
exemption from ad valorem taxation for public school purposes of |
|
7.5 percent, rather than $15,000, of the market value of a residence |
|
homestead and providing for a reduction of the limitation on the |
|
total amount of ad valorem taxes that may be imposed for those |
|
purposes on the homestead of an elderly or disabled person to |
|
reflect any increased exemption amount." |