LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                              April 30, 2001
  
  
          TO:  Honorable Paul Sadler, Chair, House Committee on Public
               Education
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HJR103  by Hamric (Proposing a constitutional amendment
               to prohibit an increase in the total amount of school
               district ad valorem taxes that may be imposed on the
               residence homestead of a disabled person.), As
               Introduced
  
**************************************************************************
*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  HJR103, As Introduced:  positive impact of $0 through the biennium    *
*  ending August 31, 2003.                                               *
**************************************************************************
  
The resolution proposes an amendment to Article VIII, Section 1-b(d) of
the Texas Constitution to extend the current school property tax
limitation ("tax freeze") for residence homesteads to disabled persons.

The proposed constitutional amendment would be submitted to voters at an
election to be held November 6, 2001.
  
General Revenue-Related Funds, Five-Year Impact:
  
          ****************************************************
          *  Fiscal Year  Probable Net Positive/(Negative)   *
          *               Impact to General Revenue Related  *
          *                             Funds                *
          *       2002                                   $0  *
          *       2003                                    0  *
          *       2004                                    0  *
          *       2005                          (3,382,500)  *
          *       2006                          (4,114,000)  *
          ****************************************************
  
All Funds, Five-Year Impact:
  
***************************************************************************
*Fiscal    Probable Savings/(Cost) from    Probable Revenue Gain/(Loss)   *
* Year         General Revenue Fund           from School Districts       *
*                      0001                                               *
*  2002                                $0                              $0 *
*  2003                                 0                               0 *
*  2004                                 0                     (3,382,500) *
*  2005                       (3,382,500)                       (731,500) *
*  2006                       (4,114,000)                       (876,500) *
***************************************************************************
  
Fiscal Analysis
  
For the 2000 tax year, school districts reported  $17.7 billion in
property value loss attributable to the current 65-and-over school
property tax limitation.  Applying a $1.50 tax rate, this value loss
translates into a levy loss of $265,500,000.  This levy loss benefits
1,069,000 qualified 65-and-over  homeowners, resulting in an average tax
limitation benefit of $248.   School district reports indicate 102,000
disabled persons qualified for the $10,000 homestead exemption
(approximately 10 percent of the total number of qualified 65-and-over
homeowners).
  
  
Methodology
  
Based on an assumption that the average 65-and-over homestead owner
receives approximately 10 years benefit from the school property tax
limitation, qualified disabled persons would receive an average benefit
of $27.50 in the first year of implementation, increasing at a 10 percent
rate over the next 10 years.  It was also assumed that the number of
qualified disabled persons would increase by approximately 10 percent per
year over the projection period.  Because of the younger age of most
disabled persons who would qualify under this provision and their
increasing number, levy losses would continue to increase by some
undetermined amount beyond 2013.

Section 403.302 of the Government Code requires the Comptroller to
conduct a property value study to determine the total taxable value for
each school district.  Total taxable value is an element in the state's
school funding formula.  The state could reimburse school districts for
their total levy losses, including losses for this exemption, after a
one-year lag.
  
  
Local Government Impact
  
No fiscal implication to units of local government, other than school
districts, is anticipated.
  
  
Source Agencies:   307   Secretary of State, 304   Comptroller of Public
                   Accounts
LBB Staff:         JK, CT, BR