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79R3169 JD-D

By:  Oliveira                                                   H.J.R. No. 7  


A JOINT RESOLUTION
proposing a constitutional amendment imposing a state property tax for public education, establishing a residence homestead exemption from the state property tax, and increasing the amount of the school district residence homestead property tax exemption. BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 1-e, Article VIII, Texas Constitution, is amended to read as follows: Sec. 1-e. Except as provided by Section 3-a, Article VII, of this constitution, no [No] State ad valorem taxes shall be levied upon any property within this State. SECTION 2. Article VII, Texas Constitution, is amended by adding Section 3-a to read as follows: Sec. 3-a. (a) A state ad valorem tax for elementary and secondary public free school purposes is imposed on real property and tangible personal property not otherwise exempted by this constitution or by the legislature under the authority of this constitution. The tax is imposed at the rate of $1.25 for each $100 of taxable value. (b) Notwithstanding Section 23, Article VIII, of this constitution, the legislature may provide for the appraisal of property subject to state ad valorem taxes, for the equalization of the taxable values of that property, and for the collection of the state ad valorem taxes imposed on that property. (c) State ad valorem taxes shall be assessed on the valuation of property subject to those taxes as determined by the appraisal officials in the county in which the property is located. If an appraisal official uses generally accepted appraisal standards and practices to appraise property subject to the state ad valorem tax and the valuation of the property subject to that tax conforms to or is equalized by the local appraisal review process to conform to the accepted standards and practices, the assessment of a state ad valorem tax on that valuation is not invalid. This subsection expires at the end of the 2006 ad valorem tax year. SECTION 3. Section 1-b, Article VIII, Texas Constitution, is amended by amending Subsections (c) and (d) and adding Subsection (c-1) to read as follows: (c) Unless a greater amount is established by general law enacted by the legislature, $40,000 [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 by a school district 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 by a school district 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. (c-1) Unless a greater amount is established by general law enacted by the legislature, $40,000 of the market value of the residence homestead of a married or unmarried adult, including one living alone, is exempt from state ad valorem taxation for general elementary and secondary public school purposes. (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 by a school district 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 by a school district 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. 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, school district 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 on school district taxes provided by this subsection in the 1996 tax year or an earlier tax year, the legislature shall reduce [provide for a reduction in] the amount of the limitation for the 2006 [1997] tax year and subsequent tax years in an amount equal to the sum of $10,000 multiplied by the 1997 school district tax rate for general elementary and secondary public school purposes applicable to the residence homestead and the greater of $25,000 or the difference between $15,000 and the amount of the residence homestead exemption established by the legislature under Subsection (c) of this section for the 2006 tax year multiplied by the 2006 school district tax rate for general elementary and secondary public school purposes applicable to the residence homestead. For a residence homestead subject to the limitation provided by this subsection in the 2005 tax year or an earlier tax year but not in the 1996 tax year or an earlier tax year, the legislature shall reduce the amount of the limitation for the 2006 tax year and subsequent tax years in an amount equal to the greater of $25,000 or the difference between $15,000 and the amount of the residence homestead exemption established by the legislature under Subsection (c) of this section for the 2006 tax year multiplied by the 2006 school district tax rate for general elementary and secondary public school purposes applicable to the residence homestead. If for a tax year after the 2006 tax year the legislature establishes a residence homestead exemption under Subsection (c) of this section that exceeds the amount of the exemption for the preceding tax year, the legislature shall further reduce, for the tax year in which the increase takes effect and for subsequent tax years, the amount of the limitation on school district taxes provided by this subsection applicable to a residence homestead that was subject to the limitation in the preceding tax year by an amount equal to the increase multiplied by the school district tax rate for general elementary and secondary public school purposes applicable to the residence homestead for the tax year in which the increase takes effect. SECTION 4. The following temporary provision is added to the Texas Constitution: TEMPORARY PROVISION. (a) This temporary provision applies to the constitutional amendment proposed by the 79th Legislature, Regular Session, 2005, imposing a state property tax for public education, establishing a residence homestead exemption from the state property tax, and increasing the amount of the mandatory residence homestead property tax exemption from local school taxes and expires January 1, 2007. (b) The amendments to Section 1-b, Article VIII, of this constitution take effect January 1, 2006, and apply only to a tax year that begins on or after that date. SECTION 5. 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 imposing a state property tax for public education, establishing a residence homestead exemption from the state property tax, and increasing the amount of the school district residence homestead property tax exemption from local school taxes."