78S41510 JD-D

By:  Van Arsdale                                                H.J.R. No. 16 


A JOINT RESOLUTION
proposing a constitutional amendment providing for funding public education, providing for school district property tax rate limitation and reduction, authorizing a school district ad valorem tax for educational program enrichment, creating the Texas education fund, dedicating certain sales and use tax revenue to funding public education, increasing the amount of the residence homestead exemption from school taxation, and authorizing the legislature to establish a five percent limit on annual increases in the appraised value for ad valorem tax purposes of residence homesteads and other owner-occupied residential real property. BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article VII, Texas Constitution, is amended by adding Section 3A to read as follows: Sec. 3A. (a) In this section: (1) "Available state revenue" means state revenue from any source other than federal funds. The term does not include revenue that, under another provision of this constitution, may be used only for a particular purpose. (2) "Increase in available state revenue" means the amount by which the estimate made by the comptroller of public accounts under Section 49a(a), Article III, of this constitution of available state revenue for the succeeding fiscal biennium exceeds the estimate made by the comptroller under that section of available state revenue for the current fiscal biennium. (b) In each fiscal biennium, an amount of general revenue equal to one-third of any increase in available state revenue for the biennium must be used to reduce, as provided by general law, the rate of the school district maintenance tax authorized by Section 3(e) of this article. SECTION 2. Section 3, Article VII, Texas Constitution, is amended by amending Subsections (d) and (e) and adding Subsections (f)-(k) to read as follows: (d) The Legislature may provide for the formation of school districts by general laws, and all such school districts may embrace parts of two or more counties. [(e)] The Legislature by general law may provide [shall be authorized to pass laws for the assessment and collection of taxes in all school districts and] for the management and control of the public [school or] schools of such districts. (e) A school district may impose an ad valorem tax on taxable property in the district for the maintenance of public free schools. The rate of the maintenance tax may not exceed $1.05 for each $100 of taxable value. (f) The Legislature may provide for school districts to impose an additional ad valorem tax on all taxable property in the district for the purpose of providing an enriched educational program. The rate of the enrichment tax may not exceed $0.10 for each $100 of taxable value. (g) The Legislature may provide for school districts to impose an additional ad valorem tax on all taxable property in the district[, whether such districts are composed of territory wholly within a county or in parts of two or more counties, and the Legislature may authorize an additional ad valorem tax to be levied and collected within all school districts for the further maintenance of public free schools, and] for the erection and equipment of school buildings. (h) A school district may not impose a tax under Subsection (e), (f), or (g) of this section unless the tax is approved by [therein; provided that] a majority of the qualified voters of the district voting at an election to be held for that purpose[, shall approve the tax]. A tax imposed under Subsection (e) or (f) of this section is not a state ad valorem tax for purposes of Section 1-e, Article VIII, of this constitution. (i) To the extent that there are increases in ad valorem taxes collected by the school districts of this State from one year to the next, and to the extent that distribution formulas for State aid to the school districts would automatically reduce the amount of that aid by all or part of the amount of those increases, the Legislature shall provide that, at a minimum, the total amount of those increases be added to the distribution formulas without offsetting reductions in other aid to the districts. (j) The Legislature may pass laws for the creation of junior college districts, the management and control of those districts, and the imposition of ad valorem taxes in those districts. A junior college district may not impose a tax under this subsection unless the tax is approved by a majority of the qualified voters of the district voting at an election held for that purpose. A junior college district is not a school district for purposes of this section. (k) An ad valorem tax approved by the voters of a junior college district under this section on or before November 2, 2004, is not affected by the amendment of this section approved by the voters at an election held on November 2, 2004, and the junior college district is not required to hold a new election to authorize the existing tax. This subsection expires January 1, 2005. SECTION 3. Section 3-b, Article VII, Texas Constitution, is amended to read as follows: Sec. 3-b. (a) A [No] tax for the maintenance of public free schools voted in any independent school district or a [and no] tax for the maintenance of a junior college voted by a junior college district, and [nor] any bonds voted in any such district, but unissued, are not [shall be] abrogated, cancelled, or invalidated by change of any kind in the boundaries of the district [thereof]. (b) After any change in boundaries, the governing body of any such district may, without the necessity of an additional election, [shall have the power to] assess, levy, and collect ad valorem taxes on all taxable property within the boundaries of the district as changed, for the purposes of the maintenance of public free schools or the maintenance of a junior college, as the case may be, and for the payment of principal of and interest on all bonded indebtedness outstanding against, or attributable, adjusted, or allocated to, such district or any territory in the district [therein], in the amount, at the rate, or not to exceed the rate, and in the manner authorized in the district before [prior to] the change in its boundaries[,] and [further] in accordance with the laws under which all such bonds, respectively, were voted. The[; and such] governing body of the district may [also shall have the power], without the necessity of an additional election, [to] sell and deliver any unissued bonds voted in the district before [prior to] any such change in boundaries, and may [to] assess, levy, and collect ad valorem taxes on all taxable property in the district as changed, for the payment of principal of and interest on such bonds in the manner permitted by the laws under which such bonds were voted. (c) If [In those instances where] the boundaries of any such independent school district are changed by the annexation of, or consolidation with, one or more whole school districts, the taxes to be levied for the purposes [hereinabove] authorized by this article may be in the amount or at not to exceed the rate previously [theretofore] voted in the district having at the time of such change the greatest scholastic population according to the latest scholastic census, and only the unissued bonds of such district voted before [prior to] such change[,] may be subsequently sold and delivered. Unissued [and any voted, but unissued,] bonds of the other school districts involved in such annexation or consolidation may [shall] not [thereafter] be issued after the annexation or consolidation. SECTION 4. Article VII, Texas Constitution, is amended by adding Section 5A to read as follows: Sec. 5A. (a) The Texas education fund consists of: (1) certain proceeds of the sales and use tax imposed by a political subdivision of this state as provided by Section 25, Article VIII, of this constitution; and (2) other funds transferred or dedicated to the fund by general law. (b) The fund may be used only for public education. SECTION 5. Section 1(i), Article VIII, Texas Constitution, is amended to read as follows: (i) Notwithstanding Subsections (a) and (b) of this section, the Legislature by general law may limit the maximum average annual percentage increase in the appraised value [of residence homesteads] for ad valorem tax purposes of residence homesteads and of other real property that is designed or adapted for residential purposes and used primarily for residential purposes by the owner of the property to five [10] percent, or a greater percentage, for each year since the most recent tax appraisal. A limitation on appraisal increases for property authorized by this subsection: (1) takes effect in the tax year following the first tax year in which the owner owns the property on January 1 and in which the owner qualifies the property as a residence homestead or uses the property primarily for the owner's residential purposes, or, if the property qualifies for an exemption as the [to a] residence homestead of the owner under Section 1-b of this article in the tax year in which the owner acquires the property, in [on the later of the effective date of the law imposing the limitation or January 1 of] the tax year following the [first] tax year in which the owner acquires [qualifies] the property [for an exemption under Section 1-b of this article]; and (2) expires on January 1 of the [first] tax year following the tax year in which [that neither] the owner of the property when the limitation took effect ceases to own the property or ceases to qualify the property as a residence homestead or to use the property primarily for the owner's residential purposes, except that the Legislature by general law may provide for the limitation to continue during ownership of the property by [nor] the owner's spouse or surviving spouse who qualifies the property for an exemption under Section 1-b of this article. SECTION 6. Section 1-b(c), Article VIII, Texas Constitution, is amended to read as follows: (c) Forty-five Thousand Dollars ($45,000) [Fifteen Thousand Dollars ($15,000)] of the market value of the residence homestead of a married or unmarried adult, including one living alone, is exempt from ad valorem taxation for general elementary and secondary public school purposes. The legislature by general law may provide that all or part of the exemption does not apply to a district or political subdivision that imposes ad valorem taxes for public education purposes but is not the principal school district providing general elementary and secondary public education throughout its territory. In addition to this exemption, the legislature by general law may exempt an amount not to exceed Ten Thousand Dollars ($10,000) of the market value of the residence homestead of a person who is disabled as defined in Subsection (b) of this section and of a person sixty-five (65) years of age or older from ad valorem taxation for general elementary and secondary public school purposes. The legislature by general law may base the amount of and condition eligibility for the additional exemption authorized by this subsection for disabled persons and for persons sixty-five (65) years of age or older on economic need. An eligible disabled person who is sixty-five (65) years of age or older may not receive both exemptions from a school district but may choose either. An eligible person is entitled to receive both the exemption required by this subsection for all residence homesteads and any exemption adopted pursuant to Subsection (b) of this section, but the legislature shall provide by general law whether an eligible disabled or elderly person may receive both the additional exemption for the elderly and disabled authorized by this subsection and any exemption for the elderly or disabled adopted pursuant to Subsection (b) of this section. Where ad valorem tax has previously been pledged for the payment of debt, the taxing officers of a school district may continue to levy and collect the tax against the value of homesteads exempted under this subsection until the debt is discharged if the cessation of the levy would impair the obligation of the contract by which the debt was created. The legislature shall provide for formulas to protect school districts against all or part of the revenue loss incurred by the implementation of Article VIII, Sections 1-b(c), 1-b(d), and 1-d-1, of this constitution. The legislature by general law may define residence homestead for purposes of this section. SECTION 7. The following temporary provision is added to the Texas Constitution: TEMPORARY PROVISION. (a) This temporary provision applies to the constitutional amendment proposed by the 78th Legislature, 4th Called Session, 2004, to increase the amount of the residence homestead exemption from school taxation and to authorize the legislature to limit the maximum average annual increase in the appraised value for ad valorem tax purposes of residence homesteads and other owner-occupied residential real property and expires January 1, 2006. (b) The amendments to Sections 1(i) and 1-b(c), Article VIII, of this constitution take effect January 1, 2005, and apply only to a tax year that begins on or after that date. SECTION 8. Article VIII, Texas Constitution, is amended by adding Section 25 to read as follows: Sec. 25. The net revenue derived from the imposition of a sales and use tax by a political subdivision of this state on the sale or use of an item, including a service, that was not a taxable item on December 31, 2004, and that becomes subject to the sales and use tax after that date, shall be deposited to the credit of the Texas education fund created by Section 5A, Article VII, of this constitution. SECTION 9. The following temporary provision is added to the Texas Constitution: TEMPORARY PROVISION. (a) If H.B. No. 1 is enacted by the 78th Legislature, 4th Called Session, 2004, and includes a provision that imposes the state sales and use tax authorized by Chapter 151, Tax Code, or its successor in function, at a rate that exceeds 6.25 percent, the provision of H.B. No. 1 that imposes the tax at the higher rate expires January 2, 2005. (b) This temporary provision expires December 31, 2005. SECTION 10. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 2, 2004. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment providing financial support for public education, limiting and reducing school property tax rates, authorizing a school district property tax for educational program enrichment, increasing the amount of the residence homestead exemption from school taxation, and authorizing a five percent limitation on annual increases in the appraised value for ad valorem tax purposes of residence homesteads and other owner-occupied residential real property."