ORDER 28576 AD VALOREM TAX FREEZE Came to be heard this the 22"d day of March 2004 with a motion made by Commissioner Nicholson, Seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 3-0-0 to authorize an ad valorem tax freeze on residential property of persons age 65 and older and disabled persons and their spouses as authorized by H.J.R. No. 16 j` ~ / LJ COMMISSIONERS COURT AGENDA REQUEST PLEASE FliIt~NSH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. P,.~. MADE BY: Dave Nicholson` 4 MEETING DATE: March 22, 2004 SUBJECT: (PLEASE BE SPECIFIC) OFFICE: Commissioner. Precinct 4 TIME PREFERRED: Consider and discuss authorizing an ad valorem tax freeze on residential property of persons age 65 and older and disab~d persons and their spouses as authorized by H.J.R. No.16. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON NAME OF PERSON ADDRESSING THE COURT: Commissioner Pct. #4 ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submittsng this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THiS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. ;?.I! ^.wAr~~w l?eq{aests will be screened by the County Judge's Office to determine if adequate informationhfas been prepared for the Court's formal consideration and action at time of Court A~Ce e~k-~iE'F wit YF'iF Ff' r"-lFlt F4~F'3 ~-FF4 F'4 ehFEt~ F'4u f3EeE~PGke'~2-a-- • • -~ • •-______- • . iiivviii i-,~-v. - vwii vvv"y vii.w ~ivii ii it• V-v wYVivvwivv awsiv vv.sii•vViv _v as its iav ` "ai _______ _~.. addressed at the earliest vppvrtun~ty. See Age~F~~ R~~~E~..~i ~F.FF~.~ ~~~~~~~ ~s :. ~ ~ ~. ti.uu+ i. Ms Sovil: Please include this agenda item in the next meeting: Consider and discuss authorizing an ad valorem tax freeze on residential property of persons age 65 and older and disabled persons and their spouses as authorized b_y H.J.R. No. 16. F' Ew.rr r3<~~.:~ ~~ ~;~~} ;.message Mail List Reply Reply-All Forward 3 of 4 'age '. o':.l. Subject; Mrs. Cook -This is the information that the Comptroller's office gave me this afternoon: Date: Mon, 01 Mar 200415:23:53 -0600 Status: Normal From: "KRISTEN BLANK HC" Save Address Mrs. Cook -This is the information that the Comptrollers office gave me this afternoon: The tax freeze on properly tax for senior citizens, pertains to the ratio of property taxes that you are paying on your current house, not on the exact dollar amount. If you have any further questions please feel free to contact me at 512-463-1974 or my supervisor, Todd Kercheval at the same number. Sincerely, Kristen Blank Pre_v__message Next_messaae Mail List Re~afy Re~~-All Forward j Delete Set View Style ^ View headers, ^ Variable width font, ~ Inline Images, ^ View as HTML ^ Execute HTML DMailWeb 2.7f Copyr~ht_© NetlNin_Lfd. http://www.ktc.com/cgi-bin/dmailweb.cgi?cmd=item&utoken~rcook a~pop3.ktc.com_Sa00... 3/1/2004 r• ~' ~1111~~~~~~ aJ ~t~~enii~-1::ghtfi Lt~jislruur~ Hoin? lPgislatign B II Sta.us :History Q H isto ry History • Text • Actions • Captions_ • Authors • Coauthors • Amendment • Next Bill Bill: H7R 16 -Legislative Session: 78(R) Council Document: 78R 00761 Enrolled 05/30/2003 E Filed with the Secretary of State .Page 1. of 2 Proposing a constitutional amendment to authorize a county, a city or town, or a junior college dist to establish an ad valorem tax freeze on residence homesteads of the disabled and of the elderly ai their spouses. Author: Brown, Fred ~ Brown, Betty ~ Gattis ~ Chavez ~ Baxter Coauthor: Allen ~ Alonzo ~ Branch ~ Callegari ~ Canales ~ Capelo ~ Chisum ~ Christian ~ Cc Robby ~ Corte ~ Crabb ~ Crownover ~ Davis, John ~ Davis, Yvonne ~ Dawson ~ Denny ~ Deshotel ~ Driver ~ Edwards ~ Eiland (Eissler ~ Ellis, Dan ~ Farabee ~ Farrar ~ Flores ~ Flynn ~ Giddings ~ Goodman ~ Goolsby (Griggs ~ Hamilton ~ Hamric ~ Hardcastle ~ Harper-Brown ~ Hegar ~ Homer ~ Hope ~ Hughes ~ Hunte Hupp ~ Isett (Jones, Elizabeth (Jones, Jesse ~ Keffer, Bill ~ Keffer, Jim ~ King Kolkhorst ~ Kuempel ~ Laubenberg ~ Luna ~ Madden ~ McCall ~ McReynolds ~ Menendez ~ Moreno, Joe E. (Morrison ~ Mowery ~ Naishtat ~ Nixon ~ Noriega ~ Oliveira ~ Pena ~ Pickett ~ Pitts (Quintanilla ~ Reyna ~ Ritter (Rodriguez ~ Solis Solomons ~ Talton ~ Taylor ~ Thompson ~ Turner ~ Van Arsdale ~ West, George "Buddy" ~ Wise ~ Wohlgemuth ~ Wong ~ Zedler Sponsor: Nelson Subjects: Aging Disabilities, Persons with Property Interests--Homestead Resolutions--Constitutional Amendments Taxation--City Taxation--County Taxation--Property-Exemptions Remarks: Enabling legislation is HB 136. Senate Finance Committee: Status: Out of committee Vote: Ayes=13 Nays=O Present Not Voting=0 Absent=2 House http: //www. capitol .state. tx.us/cgi-bin/db2www/tl o/billhi st/bil lhi st. d2w/report?LEG='78& SE... 3/2/2004 :?age '. o:~ 2 H.J.R. No. 16 A JOINT RESOLUTION proposing a constitutional amendment to authorize a county, a city or town, or a junior college district to establish an ad valorem tax freeze on residence homesteads of the disabled and of the elderly and their spouses. BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 1-b, Article VIII, Texas Constitution, is amended by adding Subsection (h) to read as follows: {h) The governing body of a county, a city or town,_ or a junior college district by official action may provide that if a person who is disabled or is sixty-five {65) years of age or older receives a residence homestead exemption prescribed or authorized by this section, the total amount of ad valorem taxes imposed on that homestead by the county, the city or town, or the junior college district may not be increased while it remains the residence homestead of that person or that person`s spouse who is disabled or sixty-five {65) years of age or older and receives a residence homestead exemption on the homestead. As an alternative on receipt of a petition signed by five percent (50) of the registered voters of the county, the city or town, or the junior college district, the governing body of the county, the city or town, or the junior college district shall call an election to determine by majority vote whether to establish a tax limitation provided by this subsection. If a county, a city or town, or a junior college district establishes a tax limitation provided by this subsection and a disabled person or a person sixty-five (65) years of age or older dies in a year in which the person received a residence homestead exemption, the total amount of ad valorem taxes imposed on the homestead by the county, the city or town, or the junior college district 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 le islature b eneral law ma rovide for the transfer of all or a proportionate amount of a tax limitation provided by this subsection for a person who qualifies for the limitation and establishes a different residence homestead within the same county, within the same city or town, or within the same junior college district. A county, a city or town, or a junior college district that establishes a tax limitation under this subsection must comply with a law providing for the transfer of the limitation, even if the legislature enacts the law subsequent to the county's, the city's or town's, or the junior college district's establishment of the limitation. Taxes otherwise limited by a county, a city or town, or a junior college district under this subsection may be increased to the extent the value of the homestead is increased by improvements other than repairs and other than improvements made to comply with governmental requirements and except as may be consistent with the transfer of a tax limitation under a law authorized by this subsection. The aovernina body of a count v, a city or town, or a http://www. capitol. state.tx.us/cgi-bin/tlo/viewtext. cmd?LEG=78& SE S S=R&CHAMBER=... 3/2/2004 ~;~; ~ ;a _-::~; .. ~ - :J,nro._ ec. vers~.on - :_', . :ex`, j_~_~~_or _c~l__eq>__di.~tr:ict _ma~cot_reF~eal or rescind a tax limitation e~ ~ab:_:i:.zed u.zder this subsect.:_on. aECTION 2. This pro,osed constitutional amendment shall be subrti_t'_ed to the voters at ar. elect.ion to be held on September 13, 2003. The ballot shall be printed to provide for voting for or against the proposition: "The constitutional amendment to permit counties, cities and towns, and junior college districts to establish an ad valorem tax freeze on residence homesteads of the disabled and of the elderly and their spouses." President of the Senate Page 2 of 2 Speaker of the House I certify that H.J.R. No. 16 was passed by the House on May 2, 2003, by the following vote: Yeas 143, Nays 0, 1 present, not voting; and that the House concurred in Senate amendments to H.J.R. No. 16 on May 29, 2003, by the following vote: Yeas 139, Nays 0, 2 present, not voting. Chief Clerk of the House I certify that H.J.R. No. 16 was passed by the Senate, with amendments, on May 27, 2003, by the following vote: Yeas 27, Nays 0. Secretary of the Senate RECEIVED: Date Secretary of state http://www.capitol.state.tx.us/cgi-bin/tlo/viewtext.cmd?LEG=78& SESS=R&CHAMBER=... 3/2/2004 Page 1 of 1 ~'" H7R 16 Adobe PDF Text Menu Full Screen TLO Home http://www.capitol. state.tx.us/cgi-bin/tlo/textfrmt.cmd?LEG=78&SESS=R&CHAMBER=H... 3/2/2004 • Amend HJR 16 as follows: (1) On page 1, line 7, strike "a county or a city or town" and substitute "a county, a city or town, or a iunior college district". (2) On page 1, line 11, strike "the county or the city or town" and substitute "the county, the city or town, or the 'unior college district". (3) On page 1, lines 16 and 17, strike "af the county or of the city or town" and substitute "of the county, the city or town, or the junior college district". {4) On page 1, line 17, after "the governing body of", strike "the county or the city or town" and substitute "the county, the city or town, or the iunior college district" _ (5) On page 1, lines 19 and 20, strike "a county or a city or town" and substitute "a county, a city or town, or a iunior college district". (6) On page 1, line 24, strike "the county or the city or town" and substitute "the county, the city or town, or the iunior college district". (7) On page 2, strike lines 8 and 9 and substitute "the same county, within the same city or town, or within the same iunior college district. A county, a city or town, or a iunior colle e district that establishes a tax limitation under this subsection". (8) On page 2, lines 11 and 12, strike "the county's or the city or town's" and substitute "the county's, the city or town's, or the junior college district's". (9) On page 2, line 13, strike "a county or a city or town" and substitute "a county, a city or town, or a junior college district". (10) On page 2, line 19, strike "county or a city or town" and substitute "county, a city or town, or a iunior college district". (11) On page 2, line 25, strike "cities, and towns" and substitute "cities and towns, and junior college districts". 1 ~ ~ ~ ,2z PUBLIC PARTICIPATION FORM FOR KERR COUNTY COMMISSIONERS' COURT Instructions: Fill out all appropriate blanks. Please print or write legibly. Present to the County Clerk prior to the time that the Agenda Item (or Items) you wish to address are discussed. Name: ~ ~ ~~3C~ / ~~ ~ Address: / ~ ~~~~1,%I ~-~~'`~~~`~..~Q - "" \., Telephone: ~~ ~ '~°'~- , Place of Employment: ~"-"'"~~ Employment Telephone: "~ "~ Do you represent any particular group or organization? Yes ~ No ~~ If you represent a group or organization, please state the name, address and telephone number of such group or organization. Which agenda Item (or Items) do you wish to address? ~. ~/ In general, are you for or against such Agenda Item (or Items)? For Against Signature NOTE: This Public Participation Form must be presented to the County Clerk prior to the time the agenda item(s) are discussed. Once you reach the podium, please state your name and who/what you represent clearly for the court reporter to accurately record who you are