79R9202 CLG-D

By:  Raymond                                                    H.J.R. No. 69 



A JOINT RESOLUTION

proposing a constitutional amendment authorizing the legislature 
to permit an elderly or disabled person who owns property 
designated as a homestead to transfer the ownership of the property 
and the benefits and protections that result from that designation.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:                       
	SECTION 1.  Article XVI, Texas Constitution, is amended by 
adding Section 53 to read as follows:
	Sec. 53.  (a)  In this section, "disabled" means under a 
disability for purposes of payment of disability insurance benefits 
under Federal Old-Age, Survivors, and Disability Insurance or its 
successor.
	(b)  The legislature by general law may authorize a person 
who is disabled or 65 years of age or older and who owns property 
designated as that person's homestead to transfer to another person 
by gift, sale, or otherwise the ownership of the property and any 
property tax benefits or other protections that the property 
receives as a result of being designated as that person's 
homestead.  Transferred property may retain the property tax 
benefits and protections resulting from its designation as the 
homestead of the transferor only as long as the transferor 
continues to occupy the property as the transferor's principal 
residence.  The legislature by general law may provide eligibility 
limitations under this section.
	SECTION 2.  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 authorizing the 
legislature to permit an elderly or disabled person who owns 
property designated as a homestead to transfer the ownership of the 
property and the benefits and protections that result from that 
designation."