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HOUSE JOINT RESOLUTION
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proposing a constitutional amendment to allow the surviving spouse |
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of a person who is disabled to receive a limitation on the school |
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district ad valorem taxes on the spouse's residence homestead if |
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the spouse is 55 years of age or older at the time of the person's |
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death. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1-b(d), Article VIII, Texas |
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Constitution, is amended to read as follows: |
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(d) Except as otherwise provided by this subsection, if a |
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person receives a residence homestead exemption prescribed by |
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Subsection (c) of this section for homesteads of persons who are 65 |
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years of age or older or who are disabled, the total amount of ad |
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valorem taxes imposed on that homestead for general elementary and |
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secondary public school purposes 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 receives the exemption. If a person who is 65 years of |
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age or older or who is disabled dies in a year in which the person |
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received the exemption, the total amount of ad valorem taxes |
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imposed on the homestead for general elementary and secondary |
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public school purposes 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 years of age or older at the time of the person's death, |
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subject to any exceptions provided by general law. The |
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legislature, by general law, may provide for the transfer of all or |
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a proportionate amount of a limitation provided by this subsection |
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for a person who qualifies for the limitation and establishes a |
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different residence homestead. However, taxes otherwise limited |
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by this subsection may be increased to the extent the value of the |
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homestead is increased by improvements other than repairs or |
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improvements made to comply with governmental requirements and |
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except as may be consistent with the transfer of a limitation under |
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this subsection. For a residence homestead subject to the |
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limitation provided by this subsection in the 1996 tax year or an |
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earlier tax year, the legislature shall provide for a reduction in |
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the amount of the limitation for the 1997 tax year and subsequent |
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tax years in an amount equal to $10,000 multiplied by the 1997 tax |
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rate for general elementary and secondary public school purposes |
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applicable to the residence homestead. For a residence homestead |
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subject to the limitation provided by this subsection in the 2014 |
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tax year or an earlier tax year, the legislature shall provide for a |
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reduction in the amount of the limitation for the 2015 tax year and |
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subsequent tax years in an amount equal to $10,000 multiplied by the |
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2015 tax rate for general elementary and secondary public school |
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purposes applicable to the residence homestead. |
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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) The changes to the law made by |
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Section 1, Chapter 1284 (H.B. 1313), Acts of the 86th Legislature, |
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Regular Session, 2019, are validated. |
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(b) An action taken by a tax official in reliance on Section |
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1, Chapter 1284 (H.B. 1313), Acts of the 86th Legislature, Regular |
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Session, 2019, is validated. |
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(c) A collector who collected school district ad valorem |
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taxes from a surviving spouse who, under the law as amended by |
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Section 1, Chapter 1284 (H.B. 1313), Acts of the 86th Legislature, |
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Regular Session, 2019, was entitled to receive a limitation on |
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school district taxes on the spouse's residence homestead shall |
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calculate the school district taxes that should have been imposed |
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for the 2020 and 2021 tax years taking into account the change in |
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law made by that Act and, if the taxes collected by the collector |
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for those tax years exceed the taxes that should have been imposed |
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as calculated under this subsection, the collector shall refund to |
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the surviving spouse the difference between the taxes collected and |
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the taxes that should have been imposed as calculated under this |
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subsection. |
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(d) This temporary provision expires January 1, 2023. |
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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 2, 2021. |
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The ballot shall be printed to provide for voting for or against the |
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proposition: "The constitutional amendment to allow the surviving |
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spouse of a person who is disabled to receive a limitation on the |
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school district ad valorem taxes on the spouse's residence |
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homestead if the spouse is 55 years of age or older at the time of |
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the person's death." |
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