By West S.J.R. No. 44
74R4572 SMH-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to exempt a portion of the
1-2 market value of the residence homestead of a disabled or elderly
1-3 person from ad valorem taxation by a school district.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1-b, Article VIII, Texas Constitution, is
1-6 amended by amending Subsection (c) and adding Subsection (c-1) to
1-7 read as follows:
1-8 (c) Five Thousand Dollars ($5,000) of the market value of
1-9 the residence homestead of a married or unmarried adult, including
1-10 one living alone, is exempt from ad valorem taxation for general
1-11 elementary and secondary public school purposes. In addition to
1-12 this exemption, the legislature by general law may exempt an amount
1-13 not to exceed Ten Thousand Dollars ($10,000) of the market value of
1-14 the residence homestead of a person who is disabled as defined in
1-15 Subsection (b) of this section and of a person sixty-five (65)
1-16 years of age or older from ad valorem taxation for general
1-17 elementary and secondary public school purposes. The legislature
1-18 by general law may base the amount of and condition eligibility for
1-19 the additional exemption authorized by this subsection for disabled
1-20 persons and for persons sixty-five (65) years of age or older on
1-21 economic need. An eligible disabled person who is sixty-five (65)
1-22 years of age or older may not receive both exemptions from a school
1-23 district but may choose either. An eligible person is entitled to
1-24 receive both the exemption required by this subsection for all
2-1 residence homesteads and any exemption adopted pursuant to
2-2 Subsection (b) of this section, but the legislature shall provide
2-3 by general law whether an eligible disabled or elderly person may
2-4 receive both the additional exemption for the elderly and disabled
2-5 authorized by this subsection and any exemption for the elderly or
2-6 disabled adopted pursuant to Subsection (b) of this section. Where
2-7 ad valorem tax has previously been pledged for the payment of debt,
2-8 the taxing officers of a school district may continue to levy and
2-9 collect the tax against the value of homesteads exempted under this
2-10 subsection until the debt is discharged if the cessation of the
2-11 levy would impair the obligation of the contract by which the debt
2-12 was created. The legislature shall provide for formulas to protect
2-13 school districts against all or part of the revenue loss incurred
2-14 by the implementation of Article VIII, Sections 1-b(c), 1-b(c-1),
2-15 1-b(d), and 1-d-1, of this constitution. The legislature by
2-16 general law may define residence homestead for purposes of this
2-17 section.
2-18 (c-1) Ten Thousand Dollars ($10,000) of the market value of
2-19 the residence homestead of a person who is disabled as defined by
2-20 Subsection (b) of this section or who is at least 65 years of age
2-21 is exempt from ad valorem taxation for general elementary and
2-22 secondary public school purposes. The exemption under this
2-23 subsection is in addition to other exemptions provided by this
2-24 section. If ad valorem taxes have previously been pledged for the
2-25 payment of debt, the taxing officers of a school district may
2-26 continue to levy and collect the tax against the value of
2-27 homesteads exempted under this subsection until the debt is
3-1 discharged if the cessation of the levy would impair the obligation
3-2 of the contract by which the debt was created.
3-3 SECTION 2. This proposed constitutional amendment shall be
3-4 submitted to the voters at an election to be held November 7, 1995.
3-5 The ballot shall be printed to permit voting for or against the
3-6 proposition: "The constitutional amendment to exempt $10,000 of
3-7 the market value of the residence homestead of a disabled or
3-8 elderly person from ad valorem taxation by a school district."