By Brown of Kaufman H.J.R. No. 7
77R5199 JD-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to authorize a county or a
1-2 city or town to establish an ad valorem tax freeze on residence
1-3 homesteads of the elderly and their spouses.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1-b, Article VIII, Texas Constitution, is
1-6 amended by adding Subsection (h) to read as follows:
1-7 (h) The governing body of a county or a city or town by
1-8 official action may provide that if a person sixty-five (65) years
1-9 of age or older receives a residence homestead exemption prescribed
1-10 or authorized by this section, the total amount of ad valorem taxes
1-11 imposed on that homestead by the county or the city or town may not
1-12 be increased while it remains the residence homestead of that
1-13 person or that person's spouse who is sixty-five (65) years of age
1-14 or older and receives a residence homestead exemption on the
1-15 homestead. As an alternative, on receipt of a petition signed by
1-16 five percent (5%) of the registered voters of the county or of the
1-17 city or town, the governing body of the county or the city or town
1-18 shall call an election to determine by majority vote whether to
1-19 establish a tax limitation provided by this subsection. If a
1-20 person sixty-five (65) years of age or older dies in a year in
1-21 which the person received a residence homestead exemption, the
1-22 total amount of ad valorem taxes imposed on the homestead by the
1-23 county or the city or town may not be increased while it remains
1-24 the residence homestead of that person's surviving spouse if the
2-1 spouse is fifty-five (55) years of age or older at the time of the
2-2 person's death, subject to any exceptions provided by general law.
2-3 The legislature, by general law, may provide for the transfer of
2-4 all or a proportionate amount of a tax limitation provided by this
2-5 subsection for a person who qualifies for the limitation and
2-6 establishes a different residence homestead within the same county
2-7 or within the same city or town. A county or a city or town that
2-8 establishes a tax limitation under this subsection must comply with
2-9 a law providing for the transfer of the limitation, even if the
2-10 legislature enacts the law subsequent to the county's or the city
2-11 or town's establishment of the limitation. Taxes otherwise limited
2-12 by a county or a city or town under this subsection may be
2-13 increased to the extent the value of the homestead is increased by
2-14 improvements other than repairs or improvements made to comply with
2-15 governmental requirements and except as may be consistent with the
2-16 transfer of a tax limitation under a law authorized by this
2-17 subsection. The governing body of a county or a city or town may
2-18 not repeal or rescind a tax limitation established under this
2-19 subsection.
2-20 SECTION 2. This proposed constitutional amendment shall be
2-21 submitted to the voters at an election to be held on November 6,
2-22 2001. The ballot shall be printed to provide for voting for or
2-23 against the proposition: "The constitutional amendment to permit
2-24 counties, cities, and towns to establish an ad valorem tax freeze
2-25 on residence homesteads of the elderly and their spouses."