By Armbrister S.J.R. No. 48
74R1568 JD-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment relating to the exemption from
1-2 ad valorem taxation of certain leased motor vehicles not held for
1-3 the production of income.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article VIII, Section 1, Subsections (d) and (e),
1-6 of the Texas Constitution are amended to read as follows:
1-7 (d) The Legislature by general law shall exempt from ad
1-8 valorem taxation household goods not held or used for the
1-9 production of income and personal effects not held or used for the
1-10 production of income. The Legislature by general law may exempt
1-11 from ad valorem taxation:
1-12 (1) all or part of the personal property homestead of
1-13 a family or single adult, "personal property homestead" meaning
1-14 that personal property exempt by law from forced sale for debt;
1-15 <and>
1-16 (2) subject to Subsection (e) of this section, all
1-17 other tangible personal property, except structures which are
1-18 personal property and are used or occupied as residential dwellings
1-19 and except property held or used for the production of income; and
1-20 (3) subject to Subsection (e) of this section, a
1-21 leased motor vehicle that is not held primarily for the production
1-22 of income by the lessee, is used primarily for activities that do
1-23 not involve production of income, and that otherwise qualifies
1-24 under general law for exemption.
2-1 (e) The governing body of a political subdivision<, other
2-2 than a county education district,> may provide for the taxation of
2-3 all property exempt under a law adopted under Subdivision (2) or
2-4 (3) of Subsection (d) of this section and not exempt from ad
2-5 valorem taxation by any other law. The Legislature by general law
2-6 may provide limitations to the application of this subsection to
2-7 the taxation of vehicles exempted under the authority of
2-8 Subdivision (3) of Subsection (d) of this section. <In the manner
2-9 provided by law, the voters of a county education district at an
2-10 election held for that purpose may provide for the taxation of all
2-11 property exempt under a law adopted under Subdivision (2) of
2-12 Subsection (d) of this section and not exempt from ad valorem
2-13 taxation by any other law.>
2-14 SECTION 2. This proposed constitutional amendment shall be
2-15 submitted to the voters at an election to be held November 7, 1995.
2-16 The ballot shall be printed to permit voting for or against the
2-17 proposition: "The constitutional amendment to authorize the
2-18 legislature to exempt from ad valorem taxation certain leased motor
2-19 vehicles not held or used primarily to produce income."