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A JOINT RESOLUTION
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proposing a constitutional amendment authorizing the legislature |
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to establish for purposes of ad valorem taxation an initial limit on |
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the appraised value of the residence homestead of a disabled or |
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elderly person that was rehabilitated or constructed as a |
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replacement residence under the federal community development |
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block grant program or a housing rehabilitation program of the |
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Texas Department of Housing and Community Affairs. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1, Article VIII, Texas Constitution, is |
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amended by adding Subsection (j) to read as follows: |
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(j) This subsection applies only to the residence |
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homestead, as defined by the legislature, of a disabled person or a |
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person who is 65 years of age or older that the person previously |
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qualified for an exemption under Section 1-b(c) of this article and |
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that was rehabilitated or constructed as a replacement residence |
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under the federal community development block grant program or |
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under a housing rehabilitation program of the Texas Department of |
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Housing and Community Affairs or a successor program. |
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Notwithstanding Subsections (a) and (b) of this section, the |
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legislature by general law may provide that for the first tax year |
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following the year in which the residence homestead was |
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rehabilitated or constructed, the appraised value of the property |
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for ad valorem tax purposes is equal to the lesser of the most |
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recent market value of the property as determined by the appraisal |
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entity or 110 percent, or a greater percentage, of the appraised |
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value of the property for the preceding tax year. The legislature |
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shall provide for formulas to protect school districts against all |
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or part of the revenue loss incurred by the implementation of this |
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subsection. A general law enacted under this subsection must |
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require that for the first tax year that follows the year in which |
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the owner of the property when the structure was rehabilitated or |
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constructed, or the owner's spouse or surviving spouse, ceases to |
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qualify the property for an exemption under Section 1-b(c) of this |
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article, the property be appraised for ad valorem tax purposes in |
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accordance with Subsections (a) and (b) of this section. |
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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 legislature to establish for |
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purposes of ad valorem taxation an initial limit on the appraised |
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value of the residence homestead of a disabled or elderly person |
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that was rehabilitated or constructed as a replacement residence |
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under the federal community development block grant program or a |
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housing rehabilitation program of the Texas Department of Housing |
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and Community Affairs. |
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(b) Section 1(j), Article VIII, of this constitution takes |
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effect January 1, 2010, and applies only to a tax year that begins |
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on or after that date. |
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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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legislature to establish for purposes of ad valorem taxation an |
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initial limit on the appraised value of the residence homestead of a |
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disabled or elderly person that was rehabilitated or constructed as |
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a replacement residence under the federal community development |
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block grant program or a housing rehabilitation program of the |
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Texas Department of Housing and Community Affairs." |