88R4178 CJC/MEW-D
 
  By: Raymond H.J.R. No. 44
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment to appropriate money from the
  general revenue fund to the foundation school fund and use the money
  to finance a temporary increase in the amount of the exemption of
  residence homesteads from ad valorem taxation by a school district
  and a temporary reduction in the amount of the limitation on school
  district ad valorem taxes imposed on the residence homesteads of
  the elderly or disabled to reflect the increased exemption amount.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1-b, Article VIII, Texas Constitution,
  is amended by amending Subsections (c) and (d) and adding
  Subsection (q) to read as follows:
         (c)  Except as otherwise provided by this subsection, the
  [The] amount of $40,000 of the market value of the residence
  homestead of a married or unmarried adult, including one living
  alone, is exempt from ad valorem taxation for general elementary
  and secondary public school purposes.  For the 2024 tax year, the
  amount of $360,000 of the market value of the residence homestead of
  such a person is exempt from ad valorem taxation for those purposes.
  The legislature by general law may provide that all or part of the
  exemption does not apply to a district or political subdivision
  that imposes ad valorem taxes for public education purposes but is
  not the principal school district providing general elementary and
  secondary public education throughout its territory.  In addition
  to this exemption, the legislature by general law may exempt an
  amount not to exceed $10,000 of the market value of the residence
  homestead of a person who is disabled as defined in Subsection (b)
  of this section and of a person 65 years of age or older from ad
  valorem taxation for general elementary and secondary public school
  purposes.  The legislature by general law may base the amount of
  and condition eligibility for the additional exemption authorized
  by this subsection for disabled persons and for persons 65 years of
  age or older on economic need.  An eligible disabled person who is
  65 years of age or older may not receive both exemptions from a
  school district but may choose either.  An eligible person is
  entitled to receive both the exemption required by this subsection
  for all residence homesteads and any exemption adopted pursuant to
  Subsection (b) of this section, but the legislature shall provide
  by general law whether an eligible disabled or elderly person may
  receive both the additional exemption for the elderly and disabled
  authorized by this subsection and any exemption for the elderly or
  disabled adopted pursuant to Subsection (b) of this section.  Where
  ad valorem tax has previously been pledged for the payment of debt,
  the taxing officers of a school district may continue to levy and
  collect the tax against the value of 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.  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, Subsection (d) of this
  section, and Section 1-d-1 of this article.  The legislature by
  general law may define residence homestead for purposes of this
  section.
         (d)  Except as otherwise provided by this subsection, if a
  person receives a residence homestead exemption prescribed by
  Subsection (c) of this section for homesteads of persons who are 65
  years of age or older or who are disabled, the total amount of ad
  valorem taxes imposed on that homestead for general elementary and
  secondary public school purposes may not be increased while it
  remains the residence homestead of that person or that person's
  spouse who receives the exemption. If a person who is 65 years of
  age or older or who is disabled dies in a year in which the person
  received the exemption, the total amount of ad valorem taxes
  imposed on the homestead for general elementary and secondary
  public school purposes may not be increased while it remains the
  residence homestead of that person's surviving spouse if the spouse
  is 55 years of age or older at the time of the person's death,
  subject to any exceptions provided by general law. The
  legislature, by general law, may provide for the transfer of all or
  a proportionate amount of a limitation provided by this subsection
  for a person who qualifies for the limitation and establishes a
  different residence homestead. However, taxes otherwise limited by
  this subsection may be increased to the extent the value of the
  homestead is increased by improvements other than repairs or
  improvements made to comply with governmental requirements and
  except as may be consistent with the transfer of a limitation under
  this subsection. For a residence homestead subject to the
  limitation provided by this subsection in the 1996 tax year or an
  earlier tax year, the legislature shall provide for a reduction in
  the amount of the limitation for the 1997 tax year and subsequent
  tax years in an amount equal to $10,000 multiplied by the 1997 tax
  rate for general elementary and secondary public school purposes
  applicable to the residence homestead. For a residence homestead
  subject to the limitation provided by this subsection in the 2014
  tax year or an earlier tax year, the legislature shall provide for a
  reduction in the amount of the limitation for the 2015 tax year and
  subsequent tax years in an amount equal to $10,000 multiplied by the
  2015 tax rate for general elementary and secondary public school
  purposes applicable to the residence homestead. For a residence
  homestead subject to the limitation provided by this subsection in
  the 2023 tax year or an earlier tax year, the legislature shall
  provide for a reduction in the amount of the limitation for the 2024
  tax year in an amount equal to $320,000 multiplied by the 2024 tax
  rate for general elementary and secondary public school purposes
  applicable to the residence homestead. For a residence homestead
  subject to the limitation provided by this subsection in the 2024
  tax year, the legislature shall provide for an increase in the
  amount of the limitation for the 2025 tax year and subsequent tax
  years in an amount equal to $320,000 multiplied by the 2024 tax rate
  for general elementary and secondary public school purposes
  applicable to the residence homestead.
         (q)  On December 1, 2023, $20 billion of the unobligated and
  otherwise unappropriated balance of the general revenue fund is
  appropriated to the foundation school fund to finance for the 2024
  tax year a temporary increase in the amount of the exemption of
  residence homesteads from ad valorem taxation for general
  elementary and secondary public school purposes under Subsection
  (c) of this section and a temporary reduction in the amount of the
  limitation on the total amount of ad valorem taxes for general
  elementary and secondary public school purposes imposed on the
  residence homesteads of the elderly or disabled under Subsection
  (d) of this section to reflect the increased exemption amount. This
  subsection expires December 31, 2024.
         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 88th Legislature,
  Regular Session, 2023, to appropriate money from the general
  revenue fund to the foundation school fund and use the money to
  finance a temporary increase in the amount of the exemption of
  residence homesteads from ad valorem taxation by a school district
  and a temporary reduction in the amount of the limitation on school
  district ad valorem taxes imposed on the residence homesteads of
  the elderly or disabled to reflect the increased exemption amount.
         (b)  The amendments to Sections 1-b(c) and (d), Article VIII,
  of this constitution take effect for the tax year beginning January
  1, 2024.
         (c)  This temporary provision expires January 1, 2025.
         SECTION 3.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 7, 2023.  
  The ballot shall be printed to permit voting for or against the
  proposition: "The constitutional amendment to appropriate money
  from the general revenue fund to the foundation school fund and use
  the money to finance a temporary increase in the amount of the
  exemption of residence homesteads from ad valorem taxation by a
  school district and a temporary reduction in the amount of the
  limitation on school district ad valorem taxes imposed on the
  residence homesteads of the elderly or disabled to reflect the
  increased exemption amount."