By: Nelson, et al. S.J.R. No. 1
 
 
 
   
 
 
 
SENATE JOINT RESOLUTION
  proposing a constitutional amendment providing for an exemption
  from ad valorem taxation for public school purposes of a portion of
  the market value of a residence homestead based on the median market
  value of all residence homesteads in the state, providing for a
  reduction of the limitation on the total amount of ad valorem taxes
  that may be imposed for those purposes on the homestead of an
  elderly or disabled person to reflect the increased exemption
  amount, authorizing the legislature to prohibit a political
  subdivision that has adopted an optional residence homestead
  exemption from reducing the amount of or repealing the exemption,
  and prohibiting the imposition or collection of a tax on the
  conveyance of an interest in real property.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 1-b(c), (d), and (e), Article VIII,
  Texas Constitution, are amended to read as follows:
         (c)  A portion [Fifteen Thousand Dollars ($15,000)] of the
  market value of the residence homestead of a married or unmarried
  adult, including one living alone, equal to 25 percent of the median
  market value of all residence homesteads in the state is exempt from
  ad valorem taxation for general elementary and secondary public
  school purposes. The legislature by general law shall specify the
  method for computing the median market value of residence
  homesteads for purposes of this subsection. 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 [Ten Thousand Dollars (]$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
  [sixty-five (]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 [sixty-five (]65[)]
  years of age or older on economic need. An eligible disabled person
  who is [sixty-five (]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 [Article VIII, Sections 1-b(c),
  1-b(d), and 1-d-1, of this constitution]. 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
  [sixty-five (]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
  [sixty-five (]65[)] years of age or older 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 [fifty-five (]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 the amount
  computed by subtracting $15,000 from the amount equal to 25 percent
  of the median market value in the 2015 tax year of all residence
  homesteads in the state as determined in accordance with a general
  law enacted under Subsection (c) of this section and multiplying
  that amount by the 2015 tax rate for general elementary and
  secondary public school purposes applicable to the residence
  homestead.
         (e)  The governing body of a political subdivision, other
  than a county education district, may exempt from ad valorem
  taxation a percentage of the market value of the residence
  homestead of a married or unmarried adult, including one living
  alone. In the manner provided by law, the voters of a county
  education district at an election held for that purpose may exempt
  from ad valorem taxation a percentage of the market value of the
  residence homestead of a married or unmarried adult, including one
  living alone. The percentage may not exceed twenty percent.
  However, the amount of an exemption authorized pursuant to this
  subsection may not be less than [Five Thousand Dollars (]$5,000[)]
  unless the legislature by general law prescribes other monetary
  restrictions on the amount of the exemption. The legislature by
  general law may prohibit the governing body of a political
  subdivision that adopts an exemption under this subsection from
  reducing the amount of or repealing the exemption. An eligible
  adult is entitled to receive other applicable exemptions provided
  by law. Where ad valorem tax has previously been pledged for the
  payment of debt, the governing body of a political subdivision 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. The legislature by
  general law may prescribe procedures for the administration of
  residence homestead exemptions.
         SECTION 2.  Article VIII, Texas Constitution, is amended by
  adding Section 29 to read as follows:
         Sec. 29.  A tax may not be imposed or collected on the
  conveyance of an interest in real property, including a conveyance
  by sale, lease, or other transfer of title to or interest in the
  property.
         SECTION 3.  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, providing for an exemption from ad valorem
  taxation for public school purposes of a portion of the market value
  of a residence homestead based on the median market value of all
  residence homesteads in the state, providing for a reduction of the
  limitation on the total amount of ad valorem taxes that may be
  imposed for those purposes on the homestead of an elderly or
  disabled person to reflect the increased exemption amount,
  authorizing the legislature to prohibit a political subdivision
  that has adopted an optional residence homestead exemption from
  reducing the amount of or repealing the exemption, and prohibiting
  the imposition or collection of a tax on the conveyance of an
  interest in real property.
         (b)  The amendments to Sections 1-b(c), (d), and (e), Article
  VIII, of this constitution take effect for the tax year beginning
  January 1, 2015.
         (c)  This temporary provision expires January 1, 2017.
         SECTION 4.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held September 12,
  2015. 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 a
  portion of the market value of a residence homestead equal to 25
  percent of the median market value of all residence homesteads in
  the state, providing for a reduction of the limitation on the total
  amount of ad valorem taxes that may be imposed for those purposes on
  the homestead of an elderly or disabled person to reflect the
  increased exemption amount, authorizing the legislature to
  prohibit a political subdivision that has adopted an optional
  residence homestead exemption from reducing the amount of or
  repealing the exemption, and prohibiting the imposition or
  collection of a tax on the conveyance, including by sale, lease, or
  other transfer, of an interest in real property."