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SECTION 1. Section 1-b,
Article VIII, Texas Constitution, is amended by adding Subsections (n),
(o), (p), and (q) to read as follows:
(n) The governing body of
a political subdivision other than a school district by official action may
exempt from ad valorem taxation a portion of the market value of the
residence homestead of an individual. The amount of the exemption is $5,000
unless a larger amount is specified by the
governing body authorizing the exemption. Where ad valorem tax has
previously been pledged for the payment of debt, the governing body may
continue to levy and collect the tax against the value of the 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.
(o) This subsection applies only to a political subdivision to
which Subsection (n) of this section applies the governing body of which
has not adopted an exemption under Subsection (e) of this section. An
individual is entitled to an exemption from ad valorem taxation by the
political subdivision under Subsection (n) of this section as if the
exemption were adopted by the governing body under that subsection unless
the governing body by official action elects not to adopt an exemption
under that subsection. The amount of the exemption is $5,000 unless the
governing body authorizes an exemption in a larger amount as provided by
Subsection (n) of this section.
(p) The legislature by
general law may prohibit the governing body of a political subdivision that adopts an exemption under
Subsection (e) or (n) from reducing the amount of or repealing the
exemption.
(q) If the legislature by general law allows the
governing body of a political subdivision to repeal an exemption under
Subsection (e) of this section and the governing body of a political
subdivision has adopted an exemption under Subsection (n) of this section,
an individual who would have been entitled to an exemption from ad valorem
taxation by the political subdivision under Subsection (e) of this section
had the governing body not ceased granting an exemption under that
subsection is entitled to continue to receive an exemption under that
subsection in lieu of the exemption under Subsection (n) of this section if
the individual otherwise qualifies for the exemption under Subsection (e)
of this section and the amount of the exemption under that subsection as calculated under this subsection
exceeds the amount of the exemption under Subsection (n) of this section. The
exemption applies only to property for which the individual received an
exemption under Subsection (e) of this section in the last tax year in
which the governing body granted an exemption under that subsection. Notwithstanding Subsection (e) of this section,
the amount of the exemption is the dollar amount of the exemption that the
individual received under that subsection in the last tax year in which the
governing body granted an exemption under that subsection.
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SECTION 1. Section 1-b,
Article VIII, Texas Constitution, is amended by adding Subsections (n),
(o), and (p) to read as follows:
(n) The governing body of
a political subdivision other than a school district by official action may
exempt from ad valorem taxation a portion of the market value of the
residence homestead of an individual. The amount of the exemption is
$5,000, except that if the average market
value of residence homesteads in the political subdivision in the tax year
in which the exemption is adopted exceeds $25,000, the governing body may
authorize an exemption in a larger dollar amount not to exceed an amount
equal to 20 percent of the average market value of residence homesteads in
the political subdivision in the tax year in which the exemption is
adopted. The legislature by general law shall specify the method for
computing the average market value of residence homesteads for purposes of
this subsection. Where ad valorem tax has previously been pledged
for the payment of debt, the governing body may continue to levy and
collect the tax against the value of the 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.
(o) The legislature by
general law may prohibit the governing body of any political subdivision that adopts an exemption under
Subsection (e) or (n) of this section from reducing the amount of or
repealing the exemption.
(p) This subsection applies only to a political
subdivision the governing body of which has ceased granting an exemption
under Subsection (e) of this section, if doing so is not prohibited by the
legislature by general law, and has adopted an exemption under
Subsection (n) of this section. An individual who would have been entitled
to an exemption from ad valorem taxation by the political subdivision under
Subsection (e) of this section had the governing body not ceased granting
an exemption under that subsection is entitled to continue to receive an
exemption under that subsection in lieu of the exemption under Subsection
(n) of this section if the individual otherwise qualifies for the exemption
under Subsection (e) of this section and the amount of the exemption under
that subsection exceeds the amount of the exemption under Subsection (n) of
this section. The exemption applies only to property for which the
individual received an exemption under Subsection (e) of this section in
the last tax year in which the governing body granted an exemption under
that subsection. The exemption expires in
the event of a change in ownership of the property or, if the property is
owned by a trust and the trustor of the trust or a beneficiary of the trust
has the right to use and occupy the property as the trustor's or
beneficiary's principal residential property, there is a change in the
trustor or beneficiary of the trust, respectively.
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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
84th Legislature, Regular Session, 2015, authorizing the governing body of
a political subdivision other than a school district to adopt an exemption
from ad valorem taxation of a portion, expressed as a dollar amount, of the
market value of an individual's residence homestead.
(b) The amendments to
Section 1-b, Article VIII, of this constitution take effect beginning with
the tax year that begins January 1, 2016.
(c) This temporary
provision expires January 1, 2017.
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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
84th Legislature, Regular Session, 2015, authorizing the governing body of
a political subdivision other than a school district to adopt an exemption
from ad valorem taxation of a portion, expressed as a dollar amount, of the
market value of an individual's residence homestead and authorizing the legislature to prohibit the governing body of
any political subdivision that adopts an exemption from ad valorem taxation
of a portion, expressed as a percentage or a dollar amount, of the market
value of an individual's residence homestead from reducing the amount of or
repealing the exemption.
(b) The amendments to
Section 1-b, Article VIII, of this constitution take effect beginning with
the tax year that begins January 1, 2016.
(c) This temporary
provision expires January 1, 2017.
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SECTION 3. This proposed
constitutional amendment shall be submitted to the voters at an election to
be held November 3, 2015. The ballot shall be printed to permit voting for
or against the proposition: "The constitutional amendment authorizing
the governing body of a political subdivision other than a school district
to adopt an exemption from ad valorem taxation of a portion, expressed as a
dollar amount, of the market value of an individual's residence
homestead."
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SECTION 3. This proposed
constitutional amendment shall be submitted to the voters at an election to
be held November 3, 2015. The ballot shall be printed to permit voting for
or against the proposition: "The constitutional amendment authorizing
the governing body of a political subdivision other than a school district
to adopt an exemption from ad valorem taxation of a portion, expressed as a
dollar amount, of the market value of an individual's residence homestead and authorizing the legislature to prohibit the
governing body of any political subdivision that adopts an exemption from
ad valorem taxation of a portion, expressed as a percentage or a dollar
amount, of the market value of an individual's residence homestead from
reducing the amount of or repealing the exemption."
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