A JOINT RESOLUTION

 1-1     proposing a constitutional amendment increasing the amount of the

 1-2     school property tax residence homestead exemption and providing for

 1-3     the continuation and reduction of the school tax limitation on the

 1-4     homesteads of certain persons.

 1-5           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Sections 1-b(c) and (d), Article VIII, Texas

 1-7     Constitution, are amended to read as follows:

 1-8           (c)  Fifteen Thousand Dollars ($15,000) [Five Thousand

 1-9     Dollars ($5,000)] of the market value of the residence homestead of

1-10     a married or unmarried adult, including one living alone, is exempt

1-11     from ad valorem taxation for general elementary and secondary

1-12     public school purposes.  The legislature by general law may provide

1-13     that all or part of the exemption does not apply to a district or

1-14     political subdivision that imposes ad valorem taxes for public

1-15     education purposes but is not the principal school district

1-16     providing general elementary and secondary public education

1-17     throughout its territory.  In addition to this exemption, the

1-18     legislature by general law may exempt an amount not to exceed Ten

1-19     Thousand Dollars ($10,000) of the market value of the residence

1-20     homestead of a person who is disabled as defined in Subsection (b)

1-21     of this section and of a person sixty-five (65) years of age or

1-22     older from ad valorem taxation for general elementary and secondary

1-23     public school purposes.  The legislature by general law may base

1-24     the amount of and condition eligibility for the additional

 2-1     exemption authorized by this subsection for disabled persons and

 2-2     for persons sixty-five (65) years of age or older on economic need.

 2-3     An eligible disabled person who is sixty-five (65) years of age or

 2-4     older may not receive both exemptions from a school district but

 2-5     may choose either.  An eligible person is entitled to receive both

 2-6     the exemption required by this subsection for all residence

 2-7     homesteads and any exemption adopted pursuant to Subsection (b) of

 2-8     this section, but the legislature shall provide by general law

 2-9     whether an eligible disabled or elderly person may receive both the

2-10     additional exemption for the elderly and disabled authorized by

2-11     this subsection and any exemption for the elderly or disabled

2-12     adopted pursuant to Subsection (b) of this section.  Where ad

2-13     valorem tax has previously been pledged for the payment of debt,

2-14     the taxing officers of a school district may continue to levy and

2-15     collect the tax against the value of homesteads exempted under this

2-16     subsection until the debt is discharged if the cessation of the

2-17     levy would impair the obligation of the contract by which the debt

2-18     was created.  The legislature shall provide for formulas to protect

2-19     school districts against all or part of the revenue loss incurred

2-20     by the implementation of Article VIII, Sections 1-b(c), 1-b(d), and

2-21     1-d-1, of this constitution.  The legislature by general law may

2-22     define residence homestead for purposes of this section.

2-23           (d)  Except as otherwise provided by this subsection, if a

2-24     person receives the residence homestead exemption prescribed by

2-25     Subsection (c) of this section for homesteads of persons sixty-five

2-26     (65) years of age or older, the total amount of ad valorem taxes

2-27     imposed on that homestead for general elementary and secondary

 3-1     public school purposes may not be increased while it remains the

 3-2     residence homestead of that person or that person's spouse who

 3-3     receives the exemption.  If a person sixty-five (65) years of age

 3-4     or older dies in a year in which the person received the exemption,

 3-5     the total amount of ad valorem taxes imposed on the homestead for

 3-6     general elementary and secondary public school purposes may not be

 3-7     increased while it remains the residence homestead of that person's

 3-8     surviving spouse if the spouse is fifty-five (55) years of age or

 3-9     older at the time of the person's death, subject to any exceptions

3-10     provided by general law.  The legislature, by general law, may

3-11     provide for the transfer of all or a proportionate amount of a

3-12     limitation provided by this subsection for a person who qualifies

3-13     for the limitation and establishes a different residence homestead.

3-14     However, taxes otherwise limited by this subsection may be

3-15     increased to the extent the value of the homestead is increased by

3-16     improvements other than repairs or improvements made to comply with

3-17     governmental requirements and except as may be consistent with the

3-18     transfer of a limitation under this subsection.  For a residence

3-19     homestead subject to the limitation provided by this subsection in

3-20     the 1996 tax year or an earlier tax year, the legislature shall

3-21     provide for a reduction in the amount of the limitation for the

3-22     1997 tax year  and subsequent tax years in an amount equal to

3-23     $10,000 multiplied by the 1997 tax rate for general elementary and

3-24     secondary public school purposes applicable to the residence

3-25     homestead.

3-26           SECTION 2.  The following temporary provision is added to the

3-27     Texas Constitution:

 4-1           TEMPORARY PROVISION.  (a)  This temporary provision applies

 4-2     to the constitutional amendment proposed by H.J.R. No. 4, 75th

 4-3     Legislature, Regular Session, 1997, and expires January 2, 1998.

 4-4           (b)  The amendment to Section 1-b(c), Article VIII, of this

 4-5     constitution takes effect for the tax year beginning January 1,

 4-6     1997.

 4-7           SECTION 3.  This proposed constitutional amendment shall be

 4-8     submitted to the voters at an election to be held August 9, 1997.

 4-9     The ballot shall be printed to permit voting for or against the

4-10     proposition:  "The constitutional amendment providing school

4-11     property tax relief by increasing the residence homestead exemption

4-12     by $10,000 and providing for the transfer of the tax limitation to

4-13     another qualified homestead for persons over 65 and  a reduction in

4-14     taxes on homesteads subject to the limitation."

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.J.R. No. 4 was passed by the House on April

         23, 1997, by the following vote:  Yeas 114, Nays 35, 0 present, not

         voting; that the House refused to concur in Senate amendments to

         H.J.R. No. 4 on May 12, 1997, by a non-record vote and requested

         the appointment of a conference committee to consider the

         differences between the two houses; and that the House adopted the

         conference committee report on H.J.R. No. 4 on May 31, 1997, by the

         following vote:  Yeas 126, Nays 18, 2 present, not voting.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.J.R. No. 4 was passed by the Senate, with

         amendments, on May 10, 1997, by the following vote:  Yeas 23, Nays

         7; at the request of the House, the Senate appointed a conference

         committee to consider the differences between the two houses; and

         that the Senate adopted the conference committee report on H.J.R.

         No. 4 on May 31, 1997, by the following vote:  Yeas 27, Nays 3.

                                             _______________________________

                                                 Secretary of the Senate

         RECEIVED:

                    ______________________

                             Date

                    ______________________

                      Secretary of State