By: Ogden S.J.R. No. 11
SENATE JOINT RESOLUTION
proposing a constitutional amendment establishing a maximum tax
rate of $1.25 per $100 of taxable value for school district ad
valorem taxes imposed for maintenance purposes, providing that an
ad valorem tax imposed by a school district is not a state ad
valorem tax, increasing the amount of the residence homestead
exemption from ad valorem taxation for public school purposes to
$22,500, and reducing the limitation on the total amount of taxes
that may be imposed for those purposes on the homesteads of the
elderly or disabled to reflect the increased exemption amount and
reductions in school district ad valorem tax rates.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3, Article VII, Texas Constitution, is
amended by amending Subsections (d) and (e) and adding Subsections
(f) and (g) 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) The[, 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 at a rate not to exceed $1.25 for
each $100 of taxable value of property in the district, and may
authorize an additional ad valorem tax for the erection and
equipment of school buildings. A school district may not levy or
collect a tax under this subsection 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 levied and collected by a school district
under this subsection is not a state ad valorem tax within the
meaning of Section 1-e, Article VIII, of this constitution.
(f) 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.
(g) An ad valorem tax approved by the voters of a junior
college district under this section on or before January 1, 2007,
is not affected by the amendment of this section approved by the
voters at an election held on November 8, 2005, and the junior
college district is not required to hold a new election to authorize
the existing tax. This subsection expires January 1, 2008.
SECTION 2. Subsections (c) and (d), Sections 1-b, Article
VIII, Texas Constitution, are amended to read as follows:
(c) The amount of $22,500 [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.
(d) Except as otherwise provided by this subsection, if a
person receives a residence homestead exemption prescribed by
Subsection (c) of this section for homesteads of persons who are
sixty-five (65) years of age or older or who are disabled, the total
amount of ad valorem taxes imposed on that homestead for general
elementary and secondary public school purposes may not be
increased while it remains the residence homestead of that person
or that person's spouse who receives the exemption. If a person
sixty-five (65) years of age or older dies in a year in which the
person received the exemption, the total amount of ad valorem taxes
imposed on the homestead for general elementary and secondary
public school purposes may not be increased while it remains the
residence homestead of that person's surviving spouse if the spouse
is fifty-five (55) years of age or older at the time of the person's
death, subject to any exceptions provided by general law. If a
person receives the limitation provided by this subsection for the
person's residence homestead and the person or the person's spouse
received the limitation in the preceding tax year for that
homestead and the tax rate for general elementary and secondary
public school purposes applicable to the homestead for the current
tax year is lower than the tax rate for those purposes applicable to
that homestead for the preceding tax year, the limitation provided
by this subsection on the total amount of ad valorem taxes that may
be imposed for those purposes on the homestead is reduced in
proportion to the reduction in the tax rate. The legislature, by
general law, may provide for the transfer of all or a proportionate
amount of a limitation provided by this subsection for a person who
qualifies for the limitation and establishes a different residence
homestead. However, taxes otherwise limited by this subsection may
be increased to the extent the value of the homestead is increased
by improvements other than repairs or improvements made to comply
with governmental requirements and except as may be consistent with
the transfer of a limitation under this subsection. For a residence
homestead subject to the limitation provided by this subsection in
the 2006 [1996] tax year or an earlier tax year, the legislature
shall reduce [provide for a reduction in] the amount of the
limitation for the 2007 [1997] tax year and subsequent tax years in
an amount equal to $7,500 [$10,000] multiplied by the 2007 [1997]
tax rate for general elementary and secondary public school
purposes applicable to the residence homestead.
SECTION 3. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) Except as provided by Subsection
(b) of this temporary provision, the amendment to Section 3,
Article VII, of this constitution proposed by the 79th Legislature,
2nd Called Session, 2005, limiting school district ad valorem taxes
for maintenance purposes, providing that an ad valorem tax imposed
by a school district is not a state ad valorem tax, increasing the
amount of the residence homestead exemption from ad valorem
taxation for public school purposes to $22,500, and reducing the
limitation on the total amount of taxes that may be imposed for
those purposes on the homesteads of the elderly or disabled to
reflect the increased exemption amount and reductions in school
district ad valorem tax rates takes effect December 1, 2005.
(b) The limitation on the maximum school district tax rate
for the maintenance of public free schools prescribed by Section
3(e), Article VII, of this constitution takes effect January 1,
2007, and applies only to a tax year that begins on or after that
date.
(c) The amendment to Sections 1-b(c) and (d), Article VIII,
of this constitution takes effect January 1, 2007, and applies only
to a tax year that begins on or after that date.
SECTION 4. 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 establishing a maximum
tax rate of $1.25 per $100 of taxable value for school district ad
valorem taxes imposed for maintenance purposes, providing that an
ad valorem tax imposed by a school district is not a state ad
valorem tax, increasing the amount of the residence homestead
exemption from ad valorem taxation for public school purposes to
$22,500, and reducing the limitation on the total amount of taxes
that may be imposed for those purposes on the homesteads of the
elderly or disabled to reflect the increased exemption amount and
reductions in school district tax rates."