84R10133 SMH-D
 
  By: Schofield H.J.R. No. 135
 
 
 
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."