By Chisum H.J.R. No. 67
77R633 SMH-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to extend residence homestead
1-2 ad valorem tax exemptions and protection from forced sale to a
1-3 homestead owned by a family-owned business.
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 residence of a person that is owned by a
1-8 family-owned business, as defined by general law, in which the
1-9 person owns an interest is considered the person's residence
1-10 homestead for purposes of an exemption under this section, a tax
1-11 limitation under Subsection (d) of this section, or a limitation on
1-12 appraisal increases authorized by Section 1(i) of this article if
1-13 the person otherwise qualifies for the exemption or limitation.
1-14 The eligibility of the residence homestead of a person or the
1-15 person's spouse or surviving spouse for an exemption under this
1-16 section, a tax limitation under Subsection (d) of this section, or
1-17 a limitation on appraisal increases authorized by Section 1(i) of
1-18 this article is not affected by a conveyance of the residence by
1-19 the owner to a family-owned business, as defined by general law, in
1-20 which the owner owns an interest.
1-21 SECTION 2. Section 51, Article XVI, Texas Constitution, is
1-22 amended to read as follows:
1-23 Sec. 51. (a) For purposes of this section and Section 50 of
1-24 this article, the homestead of a family or single adult person may
2-1 consist of property described by this section that is owned by a
2-2 family-owned business, as defined by general law, in which a member
2-3 of the family or the single adult person owns an interest.
2-4 (b) The homestead, not in a town or city, shall consist of
2-5 not more than two hundred acres of land, which may be in one or
2-6 more parcels, with the improvements thereon; the homestead in a
2-7 city, town or village, shall consist of a lot or contiguous lots
2-8 amounting to not more than 10 acres of land, together with any
2-9 improvements on the land; provided, that the homestead in a city,
2-10 town or village shall be used for the purposes of a home, or as
2-11 both an urban home and a place to exercise a calling or business,
2-12 of the homestead claimant, whether a single adult person, or the
2-13 head of a family; provided also, that any temporary renting of the
2-14 homestead shall not change the character of the same, when no other
2-15 homestead has been acquired; provided further that conveyance of
2-16 the homestead to a family-owned business, as defined by general
2-17 law, in which the homestead claimant owns an interest does not
2-18 change the homestead's character under this section if the claimant
2-19 has not acquired another homestead; provided further that a release
2-20 or refinance of an existing lien against a homestead as to a part
2-21 of the homestead does not create an additional burden on the part
2-22 of the homestead property that is unreleased or subject to the
2-23 refinance, and a new lien is not invalid only for that reason.
2-24 SECTION 3. The following temporary provision is added to the
2-25 Texas Constitution:
2-26 TEMPORARY PROVISION. (a) This temporary provision applies to
2-27 the constitutional amendment proposed by __J.R. No. _____, 77th
3-1 Legislature, Regular Session, 2001, and expires January 1, 2004.
3-2 (b) The amendment takes effect January 1, 2002.
3-3 SECTION 4. This proposed constitutional amendment shall be
3-4 submitted to the voters at an election to be held November 6, 2001.
3-5 The ballot shall be printed to permit voting for or against the
3-6 proposition: "The constitutional amendment to extend residence
3-7 homestead ad valorem tax exemptions and protection from forced sale
3-8 to a homestead owned by a family-owned business."