88R2339 SMH/MEW-D
 
  By: Schofield H.J.R. No. 162
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment providing for an exemption
  from ad valorem taxation for public school purposes of a dollar
  amount or a percentage, whichever is greater, of the market value of
  a residence homestead and providing for an adjustment of the
  limitation on the total amount of ad valorem taxes that may be
  imposed for those purposes on the homestead of a person who is
  elderly or disabled to reflect increases in the exemption amount.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 1-b(c) and (d), Article VIII, Texas
  Constitution, are amended to read as follows:
         (c)  The amount of $40,000 of the market value of the
  residence homestead of a married or unmarried adult, including one
  living alone, or 26.7 percent of the market value of the residence
  homestead, whichever is greater, is exempt from ad valorem taxation
  for general elementary and secondary public school 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 2021 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 and subsequent tax years in an amount equal to $15,000
  multiplied by the 2022 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 that has a market value in the 2024 tax year of more than
  $149,813, the legislature shall provide for a reduction in the
  amount of the limitation for the 2024 tax year and subsequent tax
  years in an amount equal to the amount computed by subtracting
  $40,000 from an amount equal to 26.7 percent of the market value of
  the homestead in the 2024 tax year and multiplying that amount by
  the 2024 tax rate for general elementary and secondary public
  school purposes applicable to the residence homestead.
         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, providing for an exemption from ad valorem
  taxation for public school purposes of a dollar amount or a
  percentage, whichever is greater, of the market value of a
  residence homestead and providing for an adjustment of the
  limitation on the total amount of ad valorem taxes that may be
  imposed for those purposes on the homestead of a person who is
  elderly or disabled to reflect increases in the exemption amount.
         (b)  The amendment to Sections 1-b(c) and (d), Article VIII,
  of this constitution takes effect January 1, 2024, and applies only
  to a tax year beginning on or after that date.
         (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 providing for an
  exemption from ad valorem taxation for public school purposes of
  $40,000 or 26.7 percent, whichever is greater, of the market value
  of a residence homestead and providing for an adjustment of the
  limitation on the total amount of ad valorem taxes that may be
  imposed for those purposes on the homestead of a person who is
  elderly or disabled to reflect increases in the exemption amount."