Amendments 2023

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Revision as of 10:11, November 14, 2023 by Admin (talk | contribs) (→‎2. HJR 2)
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This hidden category contains constitutional amendments on the ballot November 7, 2023.

At some point, will need to cut-and-paste the text of section from Texas Legislature Online.

1. HJR 2 88(2)

... amend Article VIII, Section 1

As amended November 7, 2023:

(n) This subsection does not apply to a residence homestead to which Subsection (i) of this section applies. Notwithstanding Subsections (a) and (b) of this section, the Legislature by general law may limit the maximum appraised value of real property for ad valorem tax purposes in a tax year to the lesser of the most recent market value of the property as determined by the appraisal entity or 120 percent, or a greater percentage, of the appraised value of the property for the preceding tax year. The general law enacted under this subsection may prescribe additional eligibility requirements for the limitation on appraised values authorized by this subsection. A limitation on appraised values authorized by this subsection: (1) takes effect as to a parcel of real property described by this subsection on the later of the effective date of the law imposing the limitation or January 1 of the tax year following the first tax year in which the owner owns the property on January 1; and (2) expires on January 1 of the tax year following the tax year in which the owner of the property ceases to own the property.

(n-1) This subsection and Subsection (n) of this section expire December 31, 2026.

... amend Article VIII, Section 1-b

As amended November 7, 2023:

(c) The amount of $100,000 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. 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 2023 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. Beginning with the 2023 tax year, for any tax year in which the amount of the exemption provided by Subsection (c) of this section applicable to the residence homestead of a married or unmarried adult, including one living alone, or the amount of the exemption provided by Subsection (c) of this section applicable to the residence homestead of a person who is disabled as defined by Subsection (b) of this section and of a person 65 years of age or older is increased, the legislature shall provide for a reduction for that tax year and subsequent tax years in the amount of the limitation provided by this subsection applicable to a residence homestead that was subject to the limitation in the tax year preceding the tax year in which the amount of the exemption is increased in an amount equal to the amount by which the amount of the exemption is increased multiplied by the tax rate for general elementary and secondary public school purposes applicable to the residence homestead for the tax year in which the amount of the exemption is increased.

Note that the changes made to this section on November 7, 2023 take effect for the tax year beginning January 1, 2023.

... amend Article VIII, Section 22

As amended November 7, 2023:

(a-1) Appropriations from state tax revenues not dedicated by this constitution that are made for the purpose of paying for ad valorem tax relief as identified by the legislature by general law are not included as appropriations for purposes of determining whether the rate of growth of appropriations exceeds the limitation prescribed by Subsection (a) of this section.

Note that the change made to this section on November 7, 2023 applies to appropriations made for the fiscal biennium beginning September 1, 2023.

... amend Article XVI, Section 30

As amended November 7, 2023:

(e) The Legislature by general law may provide that members of the governing body of an appraisal entity established in a county with a population of 75,000 or more serve terms not to exceed four years.

2. HJR 2

... add Article XVI, Section 67-a

Added November 7, 2023:

(a) As the Teacher Retirement System of Texas is actuarially sound according to an actuarial valuation update performed in February 2023, the 88th Legislature, Regular Session, 2023: (1) by general law may provide a cost-of-living adjustment to annuitants of the Teacher Retirement System of Texas who are eligible for the adjustment as determined by that general law; and (2) may appropriate an amount of money from the General Revenue Fund to the Comptroller of Public Accounts for deposit to the trust fund of the Teacher Retirement System of Texas to pay the adjustment authorized by Subdivision (1) of this subsection.

(b) For purposes of Section 22, Article VIII, of this constitution, an appropriation of state tax revenues made by the 88th Legislature, Regular Session, 2023, for the purpose described by Subsection (a)(1) of this section is treated as if it were an appropriation of revenues dedicated by this constitution.

(c) This section expires September 1, 2025.

NUMBER 4 (HJR 2) THE CONSTITUTIONAL AMENDMENT TO AUTHORIZE THE LEGISLATURE TO ESTABLISH A TEMPORARY LIMIT ON THE MAXIMUM APPRAISED VALUE OF REAL PROPERTY OTHER THAN A RESIDENCE HOMESTEAD FOR AD VALOREM TAX PURPOSES; TO INCREASE THE AMOUNT OF THE EXEMPTION FROM AD VALOREM TAXATION BY A SCHOOL DISTRICT APPLICABLE TO RESIDENCE HOMESTEADS FROM $40,000 TO $100,000; TO ADJUST THE AMOUNT OF THE LIMITATION ON SCHOOL DISTRICT AD VALOREM TAXES IMPOSED ON THE RESIDENCE HOMESTEADS OF THE ELDERLY OR DISABLED TO REFLECT INCREASES IN CERTAIN EXEMPTION AMOUNTS; TO EXCEPT CERTAIN APPROPRIATIONS TO PAY FOR AD VALOREM TAX RELIEF FROM THE CONSTITUTIONAL LIMITATION ON THE RATE OF GROWTH OF APPROPRIATIONS; AND TO AUTHORIZE THE LEGISLATURE TO PROVIDE FOR A FOUR-YEAR TERM OF OFFICE FOR A MEMBER OF THE BOARD OF DIRECTORS OF CERTAIN APPRAISAL DISTRICTS.

83.43% in favor

3. HJR 3

... amend Article III, Section 49-g (moved to talk page)

... amend Article VII, Section 20

As amended November 7, 2023:

(a) There is established the Texas University Fund for the purpose of providing a dedicated, independent, and equitable source of funding to enable emerging research universities in this state to achieve national prominence as major research universities.

(g) The legislature shall establish criteria by which a state university may become eligible to receive a portion of the distributions from the fund. A state university that is entitled to participate in dedicated funding provided by Section 18 of this article is not eligible to receive money from the fund.

(i) For purposes of Section 22, Article VIII, of this constitution: (1) money in the fund is dedicated by this constitution; and (2) an appropriation of state tax revenues for the purpose of depositing money to the credit of the fund is treated as if it were an appropriation of revenues dedicated by this constitution.

4. HJR 107

... amend Article V, Section 1-a(1)

As amended November 7, 2023:

(1) Subject to the further provisions of this Section, the Legislature shall provide for the retirement and compensation of Justices and Judges of the Appellate Courts and District and Criminal District Courts on account of length of service, age and disability, and for their reassignment to active duty where and when needed. The office of every such Justice and Judge shall become vacant on the expiration of the term during which the incumbent reaches the age of 79 years or such earlier age, not less than 75 years, as the Legislature may prescribe.

5. HJR 125

... add Article III, Section 49-d-16 (see page below--used 49-d-14 as model)

6. HJR 126

... add Article I, Section 36 (see page below)

7. HJR 132

... add Article VIII, Section 25

Added November 7, 2023:

The Legislature may not impose a tax based on the wealth or net worth of an individual or family, including a tax based on the difference between the assets and liabilities of an individual or family.


NUMBER 3 (HJR 132) THE CONSTITUTIONAL AMENDMENT PROHIBITING THE IMPOSITION OF AN INDIVIDUAL WEALTH OR NET WORTH TAX, INCLUDING A TAX ON THE DIFFERENCE BETWEEN THE ASSETS AND LIABILITIES OF AN INDIVIDUAL OR FAMILY.

67.88% in favor

8. HJR 134

... amend Article XVI, Section 44

As amended November 7, 2023:

(d) The office of County Treasurer in Galveston County is abolished. The Commissioners Court of Galveston County may employ or contract with a qualified person or may designate another county officer to perform any of the functions that would have been performed by the County Treasurer if the office had not been abolished.

Note that the change made to this section on November 7, 2023 is effective only if a majority of Galveston County voters were in favor of it.

9. SJR 32

... amend Article XVI, Section 59

As amended November 7, 2023:

(c-1) In addition and only as provided by this subsection, the Legislature may authorize conservation and reclamation districts to develop and finance with taxes those types and categories of parks and recreational facilities that were not authorized by this section to be developed and financed with taxes before September 13, 2003. For development of such parks and recreational facilities, the Legislature may authorize indebtedness payable from taxes as may be necessary to provide for improvements and maintenance only for a conservation and reclamation district all or part of which is located in Bexar County, Bastrop County, Waller County, Travis County, Williamson County, Harris County, Galveston County, Brazoria County, Fort Bend County, Montgomery County, or El Paso County, or for the Tarrant Regional Water District, a water control and improvement district located in whole or in part in Tarrant County. All the indebtedness may be evidenced by bonds of the conservation and reclamation district, to be issued under regulations as may be prescribed by law. The Legislature may also authorize the levy and collection within such district of all taxes, equitably distributed, as may be necessary for the payment of the interest and the creation of a sinking fund for the payment of the bonds and for maintenance of and improvements to such parks and recreational facilities. The indebtedness shall be a lien on the property assessed for the payment of the bonds. The Legislature may not authorize the issuance of bonds or provide for indebtedness under this subsection against a conservation and reclamation district unless a proposition is first submitted to the qualified voters of the district and the proposition is adopted. This subsection expands the authority of the Legislature with respect to certain conservation and reclamation districts and is not a limitation on the authority of the Legislature with respect to conservation and reclamation districts and parks and recreational facilities pursuant to this section as that authority existed before September 13, 2003.

10. SJR 64

... add Article VIII, Section 1-r

Added November 7, 2023:

The governing body of a county or municipality may exempt from ad valorem taxation all or part of the appraised value of real property used to operate a child-care facility. The governing body may adopt the exemption as a percentage of the appraised value of the real property. The percentage specified by the governing body may not be less than 50 percent. The Legislature by general law may define "child-care facility" for purposes of this section and may provide additional eligibility requirements for the exemption authorized by this section.

Note that this section is numbered 1-r instead of 1-q, which was the next-available number.

NUMBER 2 (SJR 64) THE CONSTITUTIONAL AMENDMENT AUTHORIZING A LOCAL OPTION EXEMPTION FROM AD VALOREM TAXATION BY A COUNTY OR MUNICIPALITY OF ALL OR PART OF THE APPRAISED VALUE OF REAL PROPERTY USED TO OPERATE A CHILD-CARE FACILITY.

64.78% in favor

11. SJR 74

... add Article III, Section 49-e-1 (see page below)

12. SJR 75

... add Article III, Section 49-d-16 (see page below--added blank page)

13. SJR 87

... add Article VIII, Section 1-x

Added November 7, 2023:

The Legislature by general law may exempt from ad valorem taxation the tangible personal property held by a manufacturer of medical or biomedical products as a finished good or used in the manufacturing or processing of medical or biomedical products.

Note that this section is numbered 1-x instead of 1-q, which was the next-available number.

14. SJR 93

... add Article VIII, Section 49-q

Added November 7, 2023:

(a) The Texas Energy Fund is created as a special fund in the State Treasury outside the General Revenue Fund.

(b) As provided by general law, money in the Texas Energy Fund may be administered and used, without further appropriation, only by the Public Utility Commission of Texas or that commission's successor in function to provide loans and grants to any entity to finance or incentivize the construction, maintenance, modernization, and operation of electric generating facilities, including associated infrastructure, necessary to ensure the reliability or adequacy of an electric power grid in this state. The commission shall allocate money from the fund for loans and grants to eligible projects: (1) for electric generating facilities that serve as backup power sources; and (2) in each region of the state that is part of an electric power grid in proportion to that region's load share.

(c) The entity administering the Texas Energy Fund may establish separate accounts in the fund as necessary or convenient for the fund's administration.

(d) The Texas Energy Fund consists of: (1) money credited, appropriated, or transferred to the fund by or as authorized by the legislature; (2) revenue that the Legislature dedicates for deposit to the credit of the fund; (3) the returns received from the investment of the money in the fund; and (4) gifts, grants, and donations contributed to the credit of the fund.

(e) The reasonable expenses of managing the Texas Energy Fund's assets shall be paid from the fund.

(f) The Legislature by a provision of a General Appropriations Act may provide for the transfer to the General Revenue Fund of money that is subject to this section.

(g) The Legislature may appropriate general revenue for the purpose of depositing money to the credit of the Texas Energy Fund to be used for the purposes of that fund.

(h) For purposes of Section 22, Article VIII, of this constitution: (1) money in the Texas Energy Fund is dedicated by this constitution; and (2) an appropriation of state tax revenues for the purpose of depositing money to the credit of the Texas Energy Fund is treated as if it were an appropriation of revenues dedicated by this constitution.