81R23695 JD-D

By: Sheffield H.J.R. No. 91

Substitute the following for H.J.R. No. 91:

By: Oliveira C.S.H.J.R. No. 91

A JOINT RESOLUTION

proposing a constitutional amendment authorizing the legislature to establish for purposes of ad valorem taxation an initial limit on the appraised value of the residence homestead of a disabled or elderly person that was rehabilitated or constructed as a replacement residence under the federal community development block grant program or a housing rehabilitation program of the Texas Department of Housing and Community Affairs.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1, Article VIII, Texas Constitution, is amended by adding Subsection (j) to read as follows:

(j) This subsection applies only to the residence homestead, as defined by the legislature, of a disabled person or a person who is 65 years of age or older that the person previously qualified for an exemption under Section 1-b(c) of this article and that was rehabilitated or constructed as a replacement residence under the federal community development block grant program or under a housing rehabilitation program of the Texas Department of Housing and Community Affairs or a successor program. Notwithstanding Subsections (a) and (b) of this section, the legislature by general law may provide that for the first tax year following the year in which the residence homestead was rehabilitated or constructed, the appraised value of the property for ad valorem tax purposes is equal to the lesser of the most recent market value of the property as determined by the appraisal entity or 110 percent, or a greater percentage, of the appraised value of the property for the preceding tax year. The legislature shall provide for formulas to protect school districts against all or part of the revenue loss incurred by the implementation of this subsection. A general law enacted under this subsection must require that for the first tax year that follows the year in which the owner of the property when the structure was rehabilitated or constructed, or the owner's spouse or surviving spouse, ceases to qualify the property for an exemption under Section 1-b(c) of this article, the property be appraised for ad valorem tax purposes in accordance with Subsections (a) and (b) 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 the 81st Legislature, Regular Session, 2009, authorizing the legislature to establish for purposes of ad valorem taxation an initial limit on the appraised value of the residence homestead of a disabled or elderly person that was rehabilitated or constructed as a replacement residence under the federal community development block grant program or a housing rehabilitation program of the Texas Department of Housing and Community Affairs.

(b) Section 1(j), Article VIII, of this constitution takes effect January 1, 2010, and applies only to a tax year that begins on or after that date.

(c) This temporary provision expires January 1, 2011.

SECTION 3. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 3, 2009. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment authorizing the legislature to establish for purposes of ad valorem taxation an initial limit on the appraised value of the residence homestead of a disabled or elderly person that was rehabilitated or constructed as a replacement residence under the federal community development block grant program or a housing rehabilitation program of the Texas Department of Housing and Community Affairs."