79S20322 JD-D
By: Bohac H.J.R. No. 23
A JOINT RESOLUTION
proposing a constitutional amendment to provide for the annual
adjustment for inflation of the residence homestead exemption from
ad valorem taxation for general elementary and secondary public
school 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) A portion [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 the 2005 tax year, the amount of the exemption is
$15,000. For each subsequent tax year, the amount of the exemption
shall be calculated by the Comptroller of Public Accounts by
multiplying the amount of that exemption for the preceding tax year
by the inflation rate, as defined by general law, and adding that
amount to the amount of that exemption for the preceding tax year.
Each appraisal office shall use the amount of the exemption as
calculated by the Comptroller of Public Accounts to determine the
assessed value of residence homesteads appraised by that appraisal
office for 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 school
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. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by __.J.R. No. ___, 79th
Legislature, 2nd Called Session, 2005, and expires January 1, 2008.
(b) The amendment takes effect January 1, 2006.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 8, 2005.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment to provide for the
annual adjustment for inflation of the amount of the residence
homestead exemption from ad valorem taxation for general elementary
and secondary public school purposes."