By Marchant H.J.R. No. 67
75R2190 SMH-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to increase the residence
1-2 homestead exemption from ad valorem taxation for general elementary
1-3 and secondary public school purposes.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1-b(c), Article VIII, Texas Constitution,
1-6 is amended to read as follows:
1-7 (c) Twenty [Five] Thousand Dollars ($20,000) [($5,000)] of
1-8 the market value of the residence homestead of a married or
1-9 unmarried adult, including one living alone, is exempt from ad
1-10 valorem taxation for general elementary and secondary public school
1-11 purposes. In addition to this exemption, the legislature by
1-12 general law may exempt an amount not to exceed Ten Thousand Dollars
1-13 ($10,000) of the market value of the residence homestead of a
1-14 person who is disabled as defined in Subsection (b) of this section
1-15 and of a person sixty-five (65) years of age or older from ad
1-16 valorem taxation for general elementary and secondary public school
1-17 purposes. The legislature by general law may base the amount of
1-18 and condition eligibility for the additional exemption authorized
1-19 by this subsection for disabled persons and for persons sixty-five
1-20 (65) years of age or older on economic need. An eligible disabled
1-21 person who is sixty-five (65) years of age or older may not receive
1-22 both exemptions from a school district but may choose either. An
1-23 eligible person is entitled to receive both the exemption required
1-24 by this subsection for all residence homesteads and any exemption
2-1 adopted pursuant to Subsection (b) of this section, but the
2-2 legislature shall provide by general law whether an eligible
2-3 disabled or elderly person may receive both the additional
2-4 exemption for the elderly and disabled authorized by this
2-5 subsection and any exemption for the elderly or disabled adopted
2-6 pursuant to Subsection (b) of this section. Where ad valorem tax
2-7 has previously been pledged for the payment of debt, the taxing
2-8 officers of a school district may continue to levy and collect the
2-9 tax against the value of homesteads exempted under this subsection
2-10 until the debt is discharged if the cessation of the levy would
2-11 impair the obligation of the contract by which the debt was
2-12 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(d), and
2-15 1-d-1, of this constitution. The legislature by general law may
2-16 define residence homestead for purposes of this section.
2-17 SECTION 2. The following temporary provision is added to the
2-18 Texas Constitution:
2-19 TEMPORARY PROVISION. (a) This temporary provision applies
2-20 to the constitutional amendment proposed by ____ J.R. No. ____,
2-21 75th Legislature, Regular Session, 1997, and expires January 2,
2-22 1998.
2-23 (b) The amendment to Section 1-b(c), Article VIII, of this
2-24 constitution takes effect January 1, 1998.
2-25 SECTION 3. This proposed constitutional amendment shall be
2-26 submitted to the voters at an election to be held November 4, 1997.
2-27 The ballot shall be printed to permit voting for or against the
3-1 proposition: "The constitutional amendment to increase the
3-2 residence homestead exemption from ad valorem taxation for general
3-3 elementary and secondary public school purposes from $5,000 to
3-4 $20,000."