Bill Text: TX HJR25 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Proposing a constitutional amendment authorizing the governing body of a political subdivision other than a school district to adopt an exemption from ad valorem taxation of a portion, expressed as a dollar amount, of the market value of an individual's residence homestead and authorizing the legislature to prohibit the governing body of a political subdivision that adopts such an exemption from reducing the amount of or repealing the exemption.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2017-07-25 - Left pending in committee [HJR25 Detail]
Download: Texas-2017-HJR25-Introduced.html
| 85S10247 SMH-D | ||
| By: Shine | H.J.R. No. 25 | |
|
|
||
| proposing a constitutional amendment authorizing the governing | ||
| body of a political subdivision other than a school district to | ||
| adopt an exemption from ad valorem taxation of a portion, expressed | ||
| as a dollar amount, of the market value of an individual's residence | ||
| homestead and authorizing the legislature to prohibit the governing | ||
| body of a political subdivision that adopts such an exemption from | ||
| reducing the amount of or repealing the exemption. | ||
| BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 1-b, Article VIII, Texas Constitution, | ||
| is amended by adding Subsections (q) and (r) to read as follows: | ||
| (q) The governing body of a political subdivision other than | ||
| a school district by official action may exempt from ad valorem | ||
| taxation a portion of the market value of the residence homestead of | ||
| an individual. The amount of the exemption is $5,000, except that | ||
| if the average market value of residence homesteads in the | ||
| political subdivision in the tax year in which the exemption is | ||
| adopted exceeds $25,000, the governing body may authorize an | ||
| exemption in a larger dollar amount not to exceed an amount equal to | ||
| 20 percent of the average market value of residence homesteads in | ||
| the political subdivision in the tax year in which the exemption is | ||
| adopted. The legislature by general law shall specify the method | ||
| for computing the average market value of residence homesteads for | ||
| purposes of this subsection. Where ad valorem tax has previously | ||
| been pledged for the payment of debt, the governing body may | ||
| continue to levy and collect the tax against the value of the | ||
| 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 by | ||
| general law may prohibit the governing body of a political | ||
| subdivision that adopts an exemption under this subsection from | ||
| reducing the amount of or repealing the exemption. | ||
| (r) This subsection applies only to a political subdivision | ||
| the governing body of which has ceased granting an exemption under | ||
| Subsection (e) of this section, if doing so is not prohibited by the | ||
| legislature by general law, and has adopted an exemption under | ||
| Subsection (q) of this section. An individual who would have been | ||
| entitled to an exemption from ad valorem taxation by the political | ||
| subdivision under Subsection (e) of this section had the governing | ||
| body not ceased granting an exemption under that subsection is | ||
| entitled to continue to receive an exemption under that subsection | ||
| in lieu of the exemption under Subsection (q) of this section if the | ||
| individual otherwise qualifies for the exemption under Subsection | ||
| (e) of this section and the amount of the exemption under that | ||
| subsection exceeds the amount of the exemption under Subsection (q) | ||
| of this section. The exemption applies only to property for which | ||
| the individual received an exemption under Subsection (e) of this | ||
| section in the last tax year in which the governing body granted an | ||
| exemption under that subsection. The exemption expires in the | ||
| event of a change in ownership of the property or, if the property | ||
| is owned by a trust and the trustor of the trust or a beneficiary of | ||
| the trust has the right to use and occupy the property as the | ||
| trustor's or beneficiary's principal residential property, there is | ||
| a change in the trustor or beneficiary of the trust, respectively. | ||
| 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 85th Legislature, | ||
| 1st Called Session, 2017, authorizing the governing body of a | ||
| political subdivision other than a school district to adopt an | ||
| exemption from ad valorem taxation of a portion, expressed as a | ||
| dollar amount, of the market value of an individual's residence | ||
| homestead and authorizing the legislature to prohibit the governing | ||
| body of a political subdivision that adopts such an exemption from | ||
| reducing the amount of or repealing the exemption. | ||
| (b) The amendments to Section 1-b, Article VIII, of this | ||
| constitution take effect beginning with the tax year that begins | ||
| January 1, 2018. | ||
| (c) This temporary provision expires January 1, 2019. | ||
| SECTION 3. This proposed constitutional amendment shall be | ||
| submitted to the voters at an election to be held November 7, 2017. | ||
| The ballot shall be printed to permit voting for or against the | ||
| proposition: "The constitutional amendment authorizing the | ||
| governing body of a political subdivision other than a school | ||
| district to adopt an exemption from ad valorem taxation of a | ||
| portion, expressed as a dollar amount, of the market value of an | ||
| individual's residence homestead and authorizing the legislature | ||
| to prohibit the governing body of a political subdivision that | ||
| adopts such an exemption from reducing the amount of or repealing | ||
| the exemption." | ||
