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A JOINT RESOLUTION
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proposing a constitutional amendment to authorize a political |
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subdivision other than a school district to establish a limitation |
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on the amount of ad valorem taxes that the political subdivision may |
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impose on the residence homesteads of persons who are disabled or |
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elderly and their surviving spouses. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1-b(h), Article VIII, Texas |
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Constitution, is amended to read as follows: |
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(h) The governing body of a political subdivision of this |
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state other than a school [a county, a city or town, or a junior |
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college] district by official action may provide that if a person |
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who is disabled or is 65 [sixty-five (65)] years of age or older |
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receives a residence homestead exemption prescribed or authorized |
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by this section, the total amount of ad valorem taxes imposed on |
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that homestead by the political subdivision [county, the city or |
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town, or the junior college district] may not be increased while it |
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remains the residence homestead of that person or that person's |
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spouse who is disabled or is 65 [sixty-five (65)] years of age or |
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older and receives a residence homestead exemption on the |
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homestead. As an alternative, on receipt of a petition signed by |
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five percent [(5%)] of the registered voters of the political |
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subdivision [county, the city or town, or the junior college |
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district], the governing body [of the county, the city or town, or |
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the junior college district] shall call an election to determine by |
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majority vote whether to establish a tax limitation provided by |
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this subsection. If a political subdivision [county, a city or |
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town, or a junior college district] establishes a tax limitation |
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provided by this subsection and a [disabled] person who is disabled |
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or is 65 [a person sixty-five (65)] years of age or older dies in a |
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year in which the person received a residence homestead exemption, |
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the total amount of ad valorem taxes imposed on the homestead by the |
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political subdivision [county, the city or town, or the junior |
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college district] may not be increased while it remains the |
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residence homestead of that person's surviving spouse if the spouse |
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is 55 [fifty-five (55)] years of age or older at the time of the |
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person's death, subject to any exceptions provided by general law. |
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The legislature, by general law, may provide for the transfer of all |
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or a proportionate amount of a tax limitation provided by this |
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subsection for a person who qualifies for the limitation and |
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establishes a different residence homestead within the same |
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political subdivision [county, within the same city or town, or |
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within the same junior college district]. A political subdivision |
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[county, a city or town, or a junior college district] that |
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establishes a tax limitation under this subsection must comply with |
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a law providing for the transfer of the limitation, even if the |
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legislature enacts the law subsequent to the political |
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subdivision's [county's, the city's or town's, or the junior college |
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district's] establishment of the limitation. Taxes otherwise |
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limited by a political subdivision [county, a city or town, or a |
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junior college district] under this subsection may be increased to |
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the extent the value of the homestead is increased by improvements |
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other than repairs and other than improvements made to comply with |
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governmental requirements and except as may be consistent with the |
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transfer of a tax limitation under a law authorized by this |
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subsection. The governing body of a political subdivision [county, |
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a city or town, or a junior college district] may not repeal or |
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rescind a tax limitation established under this subsection. |
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SECTION 2. The following temporary provision is added to |
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the Texas Constitution: |
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TEMPORARY PROVISION. (a) This temporary provision applies |
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to the constitutional amendment proposed by the 87th Legislature, |
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2nd Called Session, 2021, to authorize a political subdivision |
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other than a school district to establish a limitation on the amount |
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of ad valorem taxes the political subdivision may impose on the |
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residence homesteads of persons who are disabled or elderly and |
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their surviving spouses. |
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(b) The amendment to Section 1-b(h), Article VIII, of this |
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constitution takes effect January 1, 2023. |
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(c) This temporary provision expires January 1, 2024. |
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SECTION 3. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 8, 2022. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment to authorize a |
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political subdivision other than a school district to establish a |
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limitation on the amount of ad valorem taxes that the political |
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subdivision may impose on the residence homesteads of persons who |
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are disabled or elderly and their surviving spouses." |