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78R8369 JD-D
By: Elkins H.J.R. No. 81
A JOINT RESOLUTION
proposing a constitutional amendment to require automatic annual
adjustments of the amount of the residence homestead exemption from
ad valorem taxation for public school purposes to correspond to
annual increases in the market value of the residence homestead for
ad valorem tax purposes.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1-b(c), Article VIII, Texas
Constitution, is amended to read as follows:
(c) 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. For any
tax year that begins on or after January 1, 2004, the amount of this
exemption for a person's residence homestead is increased by an
amount equal to any increase in the market value of that residence
homestead on January 1 of that tax year over the market value of
that residence homestead on January 1 of the preceding tax year not
attributable to new improvements to the property, as determined by
the tax officials who appraise the property; provided that on
January 1 of the first tax year for which a person qualifies
property as the person's residence homestead, the amount of the
exemption provided by this subsection is $15,000. In each
subsequent tax year, the amount of the exemption is increased as
otherwise provided by this subsection. The comptroller of public
accounts shall adopt rules to be used by the appropriate tax
officials to implement the residence homestead exemption provided
by this subsection and shall prescribe forms to be used to report
the sales and sales prices of property that qualifies as a residence
homestead to the tax officials. 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 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 4, 2003.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment to require automatic
annual adjustments of the amount of the residence homestead
exemption from ad valorem taxation for public school purposes to
correspond to annual increases in the market value of the residence
homestead for ad valorem tax purposes."