By Cain                                         S.J.R. No. 43

      75R5292 SMH-D                           

                                 A JOINT RESOLUTION

 1-1     proposing a constitutional amendment relating to transferring the

 1-2     school tax freeze on homesteads of the elderly.

 1-3           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 1-b(d), Article VIII, Texas Constitution,

 1-5     is amended to read as follows:

 1-6           (d)  Except as otherwise provided by this subsection, if a

 1-7     person receives the residence homestead exemption prescribed by

 1-8     Subsection (c) of this section for homesteads of persons sixty-five

 1-9     (65) years of age or older, the total amount of ad valorem taxes

1-10     imposed on that homestead for general elementary and secondary

1-11     public school purposes may not be increased while it remains the

1-12     residence homestead of that person or that person's spouse who

1-13     receives the exemption.  If the person subsequently qualifies a

1-14     different residence homestead for the exemption, the total annual

1-15     amount of ad valorem taxes imposed on that homestead for general

1-16     elementary and secondary public school purposes while that

1-17     homestead remains the residence homestead of that person or that

1-18     person's spouse who receives the exemption may not exceed the

1-19     amount of those taxes that would have been imposed on that

1-20     homestead in the first year in which the person receives the

1-21     exemption for that homestead had the limitation on tax increases

1-22     imposed by this subsection not been in effect, multiplied by a

1-23     fraction the numerator of which is the total amount of those taxes

1-24     imposed on the former homestead in the last year in which the

 2-1     person received the exemption for that homestead and the

 2-2     denominator of which is the total amount of those taxes that would

 2-3     have been imposed on the former homestead in the last year in which

 2-4     the person received the exemption for that homestead had the

 2-5     limitation on tax increases imposed by this subsection not been in

 2-6     effect.  If the [a] person [sixty-five (65) years of age or older]

 2-7     dies in a year in which the person received the exemption, the

 2-8     total amount of ad valorem taxes imposed on the homestead for

 2-9     general elementary and secondary public school purposes may not be

2-10     increased while it remains the residence homestead of that person's

2-11     surviving spouse if the spouse is fifty-five (55) years of age or

2-12     older at the time of the person's death, subject to any exceptions

2-13     provided by general law.  However, taxes otherwise limited by this

2-14     subsection may be increased to the extent the value of the

2-15     homestead is increased by improvements other than repairs or

2-16     improvements made to comply with governmental requirements.

2-17           SECTION 2.  This proposed constitutional amendment shall be

2-18     submitted to the voters at an election to be held on November 4,

2-19     1997.  The ballot shall be printed to permit voting for or against

2-20     the proposition:  "The constitutional amendment to provide for

2-21     transferring the school tax freeze for an elderly person from a

2-22     former homestead to a newly acquired homestead."