HBA-EDN H.J.R. 103 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 103
By: Hamric
Public Education
4/30/2001
Introduced



BACKGROUND AND PURPOSE 

Current tax provisions provide benefits to homeowners occupying a home as
their principal residence if the individual is over 65 years of age or is
disabled.  However, not all such benefits apply to both disabled
individuals and individuals over 65 years of age.  Disabled homeowners do
not qualify for as many property tax benefits as do homeowners over 65
years of age even though their economic circumstances are often very
similar.   One such difference is that homeowners over 65 years of age are
entitled to a limitation on the amount of school district ad valorem taxes
that can be imposed on the residence homestead while disabled homeowners
are not.  Homeowners over 65 years of age and disabled individuals should
be entitled to the same tax benefits since the primary purpose of limiting
the property taxes of both groups is to allow these individuals to remain
in their homes when they might not otherwise be able to do so.  As
proposed, House Joint Resolution 103 requires the submission to the voters
of a constitutional amendment prohibiting an increase in the total amount
of school district ad valorem taxes that may be imposed on the residence
homestead of a disabled person. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this resolution
does not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Joint Resolution 103 amends the Texas Constitution to prohibit the
total amount of school district ad valorem taxes imposed on a residence
homestead of a person who is disabled from increasing while it remains the
residence homestead of that person or the person's spouse if the person is
receiving a residence homestead tax exemption.  

FOR ELECTION

This proposed constitutional amendment shall be submitted to the voters at
an election to be held November 6, 2001.