By Craddick                                      H.J.R. No. 4

      75R5548 JBN-D                           

                                 A JOINT RESOLUTION

 1-1     proposing a constitutional amendment to provide a school property

 1-2     tax cut, create the Texas School Trust Fund, authorize the

 1-3     replacement of certain taxes, and dedicate certain revenue for

 1-4     primary and secondary public schools.

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

 1-6           SECTION 1.  Article VII, Texas Constitution, is amended by

 1-7     adding Section 5-a to read as follows:

 1-8           Sec. 5-a.   (a)  The Texas School Trust Fund is created and

 1-9     subject to administration and investment, as provided by general

1-10     law, by the comptroller of public accounts.  Money credited to the

1-11     trust fund shall be paid, at the time and in the manner provided by

1-12     general law, to each school district of this state imposing ad

1-13     valorem taxes for elementary and secondary public school purposes

1-14     to reimburse that school district for:

1-15                 (1)  the local tax revenue lost by that school district

1-16     because of the exemptions or reductions granted by Subsection (g),

1-17     Section 1-b, Article VIII, or Subsection (d)(2), Section 1, Article

1-18     VIII, of this constitution; and

1-19                 (2)  revenue losses resulting directly from a rate

1-20     reduction required by law effective in the 1998 tax year.

1-21           (b)  In addition to any money transferred to the credit of

1-22     the Texas School Trust Fund under Subsection (c) of this section,

1-23     the trust fund is composed of:

1-24                 (1)  the net revenue received by this state from the

 2-1     collection of a tax on the business activities of a business

 2-2     otherwise not excluded by Section 25, Article VIII, of this

 2-3     constitution;

 2-4                 (2)  an amount equal to the total net revenue received

 2-5     by this state, after deducting the amounts dedicated under Section

 2-6     7-a, Article VIII, of this constitution, from the imposition of

 2-7     general sales and use taxes, including a sales and use tax on the

 2-8     sale, rental, or use of motor vehicles, at the rate of one-half of

 2-9     one percent of the taxable sales or purchase price or taxable

2-10     receipts;

2-11                 (3)  interest earned on money credited to the trust

2-12     fund; and

2-13                 (4)  any other revenue that the legislature provides by

2-14     law for deposit to the credit of or transfer to the trust fund.

2-15           (c)  If the amount of money credited to the trust fund is

2-16     insufficient to reimburse any school district for lost local tax

2-17     revenue in the amount required by Subsection (a) of this section,

2-18     the comptroller of public accounts shall transfer other state tax

2-19     revenue, not otherwise dedicated by this constitution, to the

2-20     credit of the trust fund as necessary to make the reimbursement

2-21     payments at the time and in the manner the payments become due.

2-22     If, in the same biennium in which a transfer is made to the trust

2-23     fund from other state tax revenue, money in the trust fund becomes

2-24     available in excess of the amount necessary to make reimbursement

2-25     payments to school districts as required by Subsection (a) of this

2-26     section, the comptroller of public accounts shall transfer, to the

2-27     extent of the excess, from the trust fund to the fund or funds to

 3-1     which the transferred tax revenue was credited or would have been

 3-2     credited an amount equal to the amount of the transfer to the trust

 3-3     fund.

 3-4           (d)  After the payments required by Subsection (a) of this

 3-5     section have been made or sufficient funds for the payments in a

 3-6     biennium have been set aside, and after any transfers from the

 3-7     trust fund have been made as required by Subsection (c) of this

 3-8     section, the legislature may appropriate from the trust fund any

 3-9     remaining money for elementary and secondary public school

3-10     purposes.

3-11           SECTION 2.  Section 1-b, Article VIII, Texas Constitution, is

3-12     amended by adding Subsections (g) and (h) to read as follows:

3-13           (g)  In addition to any other exemption granted or authorized

3-14     by this section, beginning January 1, 1997, $20,000 of the market

3-15     value of the residence homestead of a married or unmarried adult,

3-16     including one living alone, is exempt from ad valorem taxation for

3-17     the maintenance and operations of elementary and secondary public

3-18     schools.  The exemption does not apply to the taxable value of a

3-19     residence homestead for ad valorem taxes for debt service.  For the

3-20     1998 tax year, a person who in that tax year is qualified for the

3-21     tax limitation under Subsection (d) of this section is entitled to

3-22     a reduction in the amount of ad valorem taxes imposed on the

3-23     residence homestead for purposes of maintenance and operations of

3-24     elementary and secondary public schools.  The reduction is an

3-25     amount equal to $20,000 times the sum  of the tax rate of the

3-26     school district, expressed in dollars and cents per $100 of value,

3-27     for the 1998 tax year for the maintenance and operations of

 4-1     elementary and secondary public schools and the tax rate reduction

 4-2     required by law effective in the 1998 tax year, less any amount by

 4-3     which the taxes for the maintenance and operations of elementary

 4-4     and secondary public schools were actually reduced in the 1997 tax

 4-5     year due to the homestead exemption granted under this subsection.

 4-6     A person who is otherwise entitled to the reduction and who first

 4-7     qualifies for the tax limitation under Subsection (d) of this

 4-8     section in the 1998 tax year is not entitled to both the reduction

 4-9     and the $20,000 exemption authorized by this subsection on the

4-10     residence homestead  to which the limitation applies.  For a tax

4-11     year subsequent to the 1998 tax year, the limitation provided by

4-12     Subsection (d) of this section includes the amount of the reduction

4-13     required by this subsection, subject to a value that increases by

4-14     an improvement in the manner provided by Subsection (d) of this

4-15     section.  The application of the exemption or a reduction

4-16     authorized by this section does not entitle the owner of property

4-17     to a tax credit or refund if the assessed value of the property for

4-18     ad valorem tax purposes or the ad valorem tax liability of the

4-19     person computes to an amount less than zero.

4-20           (h)  The legislature by general law may limit the authority

4-21     of, and provide procedures for, the governing body of a school

4-22     district to reduce the amount of or repeal any local tax exemption

4-23     from ad valorem taxes for elementary and secondary public school

4-24     purposes on homesteads and that the school district may otherwise

4-25     reduce or repeal.

4-26           SECTION 3.  Subsections (c), (d), and (e), Section 1, Article

4-27     VIII, Texas Constitution, are amended to read as follows:

 5-1           (c)  The Legislature may provide for the taxation of

 5-2     intangible property and may also impose occupation taxes, both upon

 5-3     natural persons and upon corporations, other than municipal, doing

 5-4     any business in this State.  Subject to the restrictions of Section

 5-5     24 of this article, it may also tax incomes of both natural persons

 5-6     and corporations other than municipal.  Persons engaged in

 5-7     mechanical and agricultural pursuits shall never be required to pay

 5-8     an occupation tax, other than a tax to which Section 25 of this

 5-9     article applies.

5-10           (d)  The Legislature by general law shall exempt from ad

5-11     valorem taxation household goods not held or used for the

5-12     production of income and personal effects not held or used for the

5-13     production of income.  The Legislature by general law may exempt:

5-14                 (1)  from ad valorem taxation:

5-15                       (A) [(1)]  all or part of the personal property

5-16     homestead of a family or single adult, "personal property

5-17     homestead" meaning that personal property exempt by law from forced

5-18     sale for debt; and

5-19                       (B) [(2)]  subject to Subsections (e) and (g) of

5-20     this section, all other tangible personal property, except

5-21     structures which are personal property and are used or occupied as

5-22     residential dwellings and except property held or used for the

5-23     production of income; and

5-24                 (2)  from ad valorem taxation for the maintenance and

5-25     operations of elementary and secondary public schools, but not from

5-26     ad valorem taxation for debt service, tangible personal property

5-27     held for sale or consumption as inventory, as may be defined by law

 6-1     and subject to conditions and limitations prescribed by law.

 6-2           (e)  The governing body of a political subdivision[, other

 6-3     than a county education district,] may provide for the taxation of

 6-4     all property exempt under a law adopted under Subdivision (1)(B)

 6-5     [(2)] of Subsection (d) of this section and not exempt from ad

 6-6     valorem taxation by any other law.  [In the manner provided by law,

 6-7     the voters of a county education district at an election held for

 6-8     that purpose may provide for the taxation of all property exempt

 6-9     under a law adopted under Subdivision (2) of Subsection (d) of this

6-10     section and not exempt from ad valorem taxation by any other law.]

6-11           SECTION 4.  Article VIII, Texas Constitution, is amended by

6-12     adding Section 25 to read as follows:

6-13           Sec. 25.  (a)  Taxes on the business activities of a business

6-14     are not subject to Section 24 of this article, and the dedication

6-15     of revenue under Section 3, Article VII, of this constitution does

6-16     not apply to a tax imposed on those activities.

6-17           (b)  Unless by law enacted by an affirmative vote of at least

6-18     three-fifths of the membership of each house, the established rate

6-19     of a tax on business activities may not be increased.

6-20           (c)  This section does not apply to a sales and use tax,

6-21     gross receipts tax, license tax, severance tax, or regulatory tax.

6-22           SECTION 5.  This proposed constitutional amendment shall be

6-23     submitted to the voters at an election to be held August 9, 1997.

6-24     The ballot shall be printed to permit voting for or against the

6-25     proposition:  "The constitutional amendment providing property tax

6-26     cuts, reducing property taxes on homesteads, creating the Texas

6-27     School Trust Fund, limiting the tax rate of a tax on all types of

 7-1     business entities, and dedicating revenue to fund Texas primary and

 7-2     secondary public schools."