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A JOINT RESOLUTION
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proposing a constitutional amendment authorizing the governing |
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body of a political subdivision to adopt a local option residence |
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homestead exemption from ad valorem taxation of not less than |
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$5,000 or more than $30,000. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1-b(e), Article VIII, Texas |
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Constitution, is amended to read as follows: |
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(e) The governing body of a political subdivision[, other
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than a county education district,] may exempt from ad valorem |
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taxation a percentage of the market value of the residence |
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homestead of a married or unmarried adult, including one living |
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alone. [In the manner provided by law, the voters of a county
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education district at an election held for that purpose may exempt
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from ad valorem taxation a percentage of the market value of the
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residence homestead of a married or unmarried adult, including one
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living alone.] The percentage may not exceed twenty percent. |
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However, the amount of a percentage [an] exemption authorized |
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pursuant to this subsection may not be less than [Five Thousand
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Dollars (]$5,000[)] unless the legislature by general law |
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prescribes other monetary restrictions on the amount of the |
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exemption. As an alternative, the governing body of the political |
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subdivision may exempt from ad valorem taxation a portion of the |
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market value of the residence homestead of a married or unmarried |
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adult, including one living alone. The amount of the alternative |
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exemption may not be less than $5,000 or more than $30,000. An |
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eligible adult is entitled to receive other applicable exemptions |
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provided by law. Where ad valorem tax has previously been pledged |
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for the payment of debt, the governing body of a political |
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subdivision may continue to levy and collect the tax against the |
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value of the homesteads exempted under this subsection until the |
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debt is discharged if the cessation of the levy would impair the |
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obligation of the contract by which the debt was created. The |
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legislature by general law may prescribe procedures for the |
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administration of residence homestead exemptions. The legislature |
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may not provide formulas to protect a school district against all or |
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part of the revenue loss incurred by the school district that |
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results from the adoption by the governing body of the school |
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district of the alternative exemption under this subsection. |
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SECTION 2. The following temporary provision is added to |
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the Texas Constitution: |
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TEMPORARY PROVISION. (a) This temporary provision applies |
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to the constitutional amendment proposed by the 81st Legislature, |
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Regular Session, 2009, authorizing the governing body of a |
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political subdivision to adopt a local option residence homestead |
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exemption from ad valorem taxation of not less than $5,000 or more |
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than $30,000. |
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(b) The amendment to Section 1-b(e), Article VIII, of this |
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constitution takes effect beginning with the tax year that begins |
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January 1, 2010. |
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(c) This temporary provision expires January 1, 2011. |
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SECTION 3. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 3, 2009. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment authorizing the |
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governing body of a political subdivision to adopt a local option |
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residence homestead exemption from ad valorem taxation of not less |
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than $5,000 or more than $30,000." |