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A JOINT RESOLUTION
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proposing a constitutional amendment to appropriate money from the |
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economic stabilization fund to the foundation school fund and use |
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the money to finance a temporary increase in the amount of the |
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exemption of residence homesteads from ad valorem taxation by a |
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school district and a temporary reduction in the amount of the |
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limitation on school district ad valorem taxes imposed on the |
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residence homesteads of the elderly or disabled to reflect the |
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increased exemption amount. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 49-g, Article III, Texas Constitution, |
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is amended by adding Subsection (p) to read as follows: |
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(p) On December 1, 2017, $3.05 billion of the unobligated |
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and otherwise unappropriated balance of the economic stabilization |
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fund is appropriated to the foundation school fund to finance a |
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temporary increase in the amount of the exemption of residence |
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homesteads from ad valorem taxation for general elementary and |
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secondary public school purposes under Section 1-b(c), Article |
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VIII, of this constitution, and a temporary reduction in the amount |
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of the limitation on the total amount of ad valorem taxes for |
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general elementary and secondary public school purposes imposed on |
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the residence homesteads of the elderly or disabled under Section |
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1-b(d), Article VIII, of this constitution to reflect the increased |
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exemption amount. This subsection expires December 31, 2018. |
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SECTION 2. Sections 1-b(c) and (d), Article VIII, Texas |
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Constitution, are amended to read as follows: |
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(c) Except as otherwise provided by this subsection, the |
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[The] amount of $25,000 of the market value of the residence |
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homestead of a married or unmarried adult, including one living |
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alone, is exempt from ad valorem taxation for general elementary |
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and secondary public school purposes. For the 2018 tax year, the |
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amount of $71,000 of the market value of the residence homestead of |
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such a person is exempt from ad valorem taxation for those purposes. |
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The legislature by general law may provide that all or part of the |
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exemption does not apply to a district or political subdivision |
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that imposes ad valorem taxes for public education purposes but is |
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not the principal school district providing general elementary and |
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secondary public education throughout its territory. In addition |
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to this exemption, the legislature by general law may exempt an |
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amount not to exceed $10,000 of the market value of the residence |
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homestead of a person who is disabled as defined in Subsection (b) |
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of this section and of a person 65 years of age or older from ad |
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valorem taxation for general elementary and secondary public school |
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purposes. The legislature by general law may base the amount of and |
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condition eligibility for the additional exemption authorized by |
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this subsection for disabled persons and for persons 65 years of age |
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or older on economic need. An eligible disabled person who is 65 |
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years of age or older may not receive both exemptions from a school |
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district but may choose either. An eligible person is entitled to |
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receive both the exemption required by this subsection for all |
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residence homesteads and any exemption adopted pursuant to |
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Subsection (b) of this section, but the legislature shall provide |
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by general law whether an eligible disabled or elderly person may |
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receive both the additional exemption for the elderly and disabled |
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authorized by this subsection and any exemption for the elderly or |
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disabled adopted pursuant to Subsection (b) of this section. Where |
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ad valorem tax has previously been pledged for the payment of debt, |
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the taxing officers of a school district may continue to levy and |
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collect the tax against the value of homesteads exempted under this |
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subsection until the debt is discharged if the cessation of the levy |
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would impair the obligation of the contract by which the debt was |
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created. The legislature shall provide for formulas to protect |
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school districts against all or part of the revenue loss incurred by |
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the implementation of this subsection, Subsection (d) of this |
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section, and Section 1-d-1 of this article. The legislature by |
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general law may define residence homestead for purposes of this |
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section. |
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(d) Except as otherwise provided by this subsection, if a |
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person receives a residence homestead exemption prescribed by |
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Subsection (c) of this section for homesteads of persons who are 65 |
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years of age or older or who are disabled, the total amount of ad |
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valorem taxes imposed on that homestead for general elementary and |
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secondary public school purposes may not be increased while it |
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remains the residence homestead of that person or that person's |
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spouse who receives the exemption. If a person 65 years of age or |
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older dies in a year in which the person received the exemption, the |
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total amount of ad valorem taxes imposed on the homestead for |
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general elementary and secondary public school purposes may not be |
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increased while it remains the residence homestead of that person's |
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surviving spouse if the spouse is 55 years of age or older at the |
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time of the person's death, subject to any exceptions provided by |
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general law. The legislature, by general law, may provide for the |
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transfer of all or a proportionate amount of a limitation provided |
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by this subsection for a person who qualifies for the limitation and |
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establishes a different residence homestead. However, taxes |
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otherwise limited by this subsection may be increased to the extent |
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the value of the homestead is increased by improvements other than |
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repairs or improvements made to comply with governmental |
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requirements and except as may be consistent with the transfer of a |
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limitation under this subsection. For a residence homestead |
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subject to the limitation provided by this subsection in the 1996 |
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tax year or an earlier tax year, the legislature shall provide for a |
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reduction in the amount of the limitation for the 1997 tax year and |
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subsequent tax years in an amount equal to $10,000 multiplied by the |
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1997 tax rate for general elementary and secondary public school |
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purposes applicable to the residence homestead. For a residence |
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homestead subject to the limitation provided by this subsection in |
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the 2014 tax year or an earlier tax year, the legislature shall |
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provide for a reduction in the amount of the limitation for the 2015 |
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tax year and subsequent tax years in an amount equal to $10,000 |
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multiplied by the 2015 tax rate for general elementary and |
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secondary public school purposes applicable to the residence |
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homestead. For a residence homestead subject to the limitation |
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provided by this subsection in the 2017 tax year or an earlier tax |
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year, the legislature shall provide for a reduction in the amount of |
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the limitation for the 2018 tax year in an amount equal to $46,000 |
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multiplied by the 2018 tax rate for general elementary and |
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secondary public school purposes applicable to the residence |
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homestead. For a residence homestead subject to the limitation |
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provided by this subsection in the 2018 tax year, the legislature |
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shall provide for an increase in the amount of the limitation for |
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the 2019 tax year and subsequent tax years in an amount equal to |
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$46,000 multiplied by the 2018 tax rate for general elementary and |
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secondary public school purposes applicable to the residence |
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homestead. |
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SECTION 3. 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 85th Legislature, |
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1st Called Session, 2017, to appropriate money from the economic |
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stabilization fund to the foundation school fund and use the money |
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to finance a temporary increase in the amount of the exemption of |
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residence homesteads from ad valorem taxation by a school district |
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and a temporary reduction in the amount of the limitation on school |
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district ad valorem taxes imposed on the residence homesteads of |
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the elderly or disabled to reflect the increased exemption amount. |
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(b) The amendments to Sections 1-b(c) and (d), Article VIII, |
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of this constitution take effect for the tax year beginning January |
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1, 2018. |
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(c) This temporary provision expires January 1, 2019. |
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SECTION 4. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 7, 2017. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment to appropriate money |
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from the economic stabilization fund to the foundation school fund |
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and use the money to finance a temporary increase in the amount of |
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the exemption of residence homesteads from ad valorem taxation by a |
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school district and a temporary reduction in the amount of the |
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limitation on school district ad valorem taxes imposed on the |
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residence homesteads of the elderly or disabled to reflect the |
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increased exemption amount." |