Texas Proposition 7, Homestead Tax Limit For Surviving Spouses Of Disabled Individuals Amendment (2021)
From Ballotpedia | Texas Proposition 7 | |
|---|---|
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| Election date November 2, 2021 | |
| Topic Taxes | |
Status Approved | |
| Type Constitutional amendment | Origin State legislature |
Texas Proposition 7, the Homestead Tax Limit for Surviving Spouses of Disabled Individuals Amendment, was on the ballot in Texas as a legislatively referred constitutional amendment on November 2, 2021. It was approved.[1]
A "yes" vote supported amending the state constitution to allow the surviving spouse of a disabled individual to maintain a homestead property tax limit if the spouse is 55 years of age or older at the time of the death and remains at the homestead. |
A "no" vote opposed amending the state constitution, thereby maintaining that a person who is 55 years of age or older and is the surviving spouse of a disabled individual is not eligible for the homestead property tax limit on school district property taxes after the disabled individual has died. |
Contents
Election results[edit]
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Texas Proposition 7 |
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| Result | Votes | Percentage | ||
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1,285,384 | 87.12% | ||
| No | 190,109 | 12.88% | ||
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- Precincts reporting: 100%
Election results are unofficial until certified. These results were last updated on November 3, 2021 at 11:28:48 AM Eastern Time. - Source
- Precincts reporting: 100%
Overview[edit]
What did Proposition 7 do?
- See also: Text of measure
Proposition 7 allowed the surviving spouse of a disabled individual to maintain a homestead property tax limit if the spouse is 55 years of age or older at the time of the death and remains at the homestead. A homestead property tax limit applies to school district property taxes. In order to qualify for the disabled exemption and tax limit, the individual must also qualify to receive disability benefits under the Federal Old-Age, Survivors, and Disability Insurance Program administered by the Social Security Administration. Property taxes on the residence of a disabled individual do not increase from the year the individual qualifies for the exemption and tax limit. The amendment also added a temporary provision that would refund taxes to spouses of a deceased disabled individual for the 2020 and 2021 tax years that exceeded the amount that should have been paid with the tax limit.[2]
How did Proposition 7 get on the ballot?
- See also: Path to the ballot
To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67 percent) supermajority vote is required in both the Texas State Senate and the Texas House of Representatives. This amendment was introduced as House Joint Resolution 125 on March 8, 2021. On April 12, 2021, the state House passed HJR 125 in a vote of 147-0, with three not voting. On May 14, 2021, the Senate approved HJR 125 in a vote of 30-0 with one excused.[1]
- See also: Related ballot measures
Since 2000, Ballotpedia has tracked four ballot measures related to property taxes limitations for disabled individuals. All four were approved with more than 75% of the vote.
How often do amendments pass in Texas?
- See also: List of Texas ballot measures
Between 1995 and 2019, voters approved 91% (154 of 169) and rejected 9% (15 of 169) of the constitutional amendments that appeared on statewide ballots in Texas. An average of 13 measures appeared on odd-year statewide ballots. The number of ballot measures on odd-year statewide ballots ranged from 7 to 22.
Text of measure[edit]
Ballot title[edit]
The ballot title was as follows:[2]
| “ | The constitutional amendment to allow the surviving spouse of a person who is disabled to receive a limitation on the school district ad valorem taxes on the spouse’s residence homestead if the spouse is 55 years of age or older at the time of the person’s death.[3] | ” |
Constitutional changes[edit]
- See also: Article 8, Texas Constitution
The measure amended section 1-b(d) of Article 8 of the state constitution. The following underlined text was added:[2]
Note: Use your mouse to scroll over the below text to see the full text.
(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. TEMPORARY PROVISION.
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Readability score[edit]
- See also: Ballot measure readability scores, 2021
| Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.
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Support[edit]
Supporters[edit]
Officials
- State Representative Bryan Slaton (R)
Organizations
Arguments[edit]
Opposition[edit]
If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.
Campaign finance[edit]
If you are aware of a committee registered to support or oppose this amendment, please email editor@ballotpedia.org.
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Media editorials[edit]
- See also: 2021 ballot measure media endorsements
Ballotpedia identified the following media editorial boards as taking positions on Proposition 7.
Ballotpedia lists the positions of and excerpts from editorials supporting or opposing ballot measures from the editorial boards of certain media outlets. In this section, Ballotpedia does not include opinion pieces written by individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on:
- circulation and readership;
- emphasis on political coverage within a state; and
- reputation and length of publication.
To submit a media editorial for inclusion, email editor@ballotpedia.org.
Support[edit]
Opposition[edit]
Background[edit]
House Bill 1313 (2020)[edit]
During the 2019 legislative session, the Texas State Legislature passed and Governor Greg Abbott (R) signed House Bill 1313 (HB 1313), which authorized the surviving spouse of a disabled individual to retain a homestead tax limit on the residence if the spouse died before January 1, 2020. The 2021 amendment retroactively validated HB 1313.[4]
Property tax exemptions and limits for disabled individuals[edit]
At the time of the election, disabled individuals may apply for a $10,000 homestead tax exemption and a limit on school district property taxes. In order to qualify for the disabled exemption and tax limit, the individual must also qualify to receive disability benefits under the Federal Old-Age, Survivors, and Disability Insurance Program administered by the Social Security Administration. Property taxes on the residence of a disabled individual or their surviving spouse do not increase from the year the individual qualifies for the exemption and tax limit.[5]
Related ballot measures[edit]
Between 2000 and 2021, Ballotpedia tracked four Texas ballot measures related to property taxes limitations for disabled individuals:
- Proposition 1 (2015): Proposition 1 amended the state constitution to authorize the state legislature to provide 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.
- Proposition 1 (May 2007): Proposition 1 authorized the state legislature to provide for by law a reduction of the limitation amount on homesteads for the elderly or disabled.
- Proposition 17 (September 2003): The measure prohibited an increase in school property taxes on residence homesteads of disabled persons.
- Proposition 13 (September 2003): The measure authorized county, city, town, and junior college districts to freeze property taxes on a residential homestead of a person who was disabled or aged 65 or older.
Referred amendments on the ballot[edit]
- See also: List of Texas ballot measures
The following statistics are based on ballot measures between 1995 and 2020 in Texas:
- Ballots featured 169 constitutional amendments.
- An average of 13 measures appeared on odd-year statewide ballots.
- The number of ballot measures on odd-year statewide ballots ranged from 7 to 22.
- Voters approved 91% (154 of 169) and rejected 9% (15 of 169) of the constitutional amendments.
| Legislatively-referred constitutional amendments, 1995-2020 | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Total number | Approved | Percent approved | Defeated | Percent defeated | Odd-year average | Odd-year median | Odd-year minimum | Odd-year maximum | |
| 169 | 154 | 91.1% | 15 | 8.9% | 12.8 | 11 | 7 | 22 | |
During the 2021 regular and first special legislative sessions, 251 constitutional amendments were filed in the Texas State Legislature. In the regular session, legislators filed 218 amendments, and in the first special session, legislators filed 33 amendments. Between 2009 and 2020, an average of 192 constitutional amendments were filed during regular legislative sessions. The state legislature approved an average of nine constitutional amendments during regular legislative sessions. Therefore, the average rate of certification during regular legislative sessions was 4.7%. In 2021, eight of the 218 proposed constitutional amendments were certified for the ballot during the regular session, meaning the rate of certification was 3.7%, down from 4.6% in 2019.
Path to the ballot[edit]
- See also: Amending the Texas Constitution
To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67 percent) supermajority vote is required in both the Texas State Senate and the Texas House of Representatives.
This amendment was introduced as House Joint Resolution 125 on March 8, 2021. On April 12, 2021, the state House passed HJR 125 in a vote of 147-0, with three not voting. On May 14, 2021, the Senate approved HJR 125 in a vote of 30-0 with one excused.[1]
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How to cast a vote[edit]
- See also: Voting in Texas
Click "Show" to learn more about voter registration, identification requirements, and poll times in Texas.
| How to cast a vote in Texas | ||||||
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Poll times[edit]In Texas, all polling places are open from 7 a.m. to 7 p.m. Central Time. An individual who is in line at the time polls close must be allowed to vote. Texas is divided between Central and Mountain time zones.[6]
Registration[edit]To register to vote in Texas, an applicant must be a United States citizen, a resident of the county in which he or she is registering, and at least 17 years and 10 months old.[7] The deadline to register to vote is 30 days before the election. Prospective voters can request a postage-paid voter registration form online or complete the form online and return it to the county voter registrar. Applications are also available at a variety of locations including the county voter registrar’s office, the secretary of state’s office, libraries, and high schools. Voter registration certificates are mailed to newly registered voters.[8] Automatic registration[edit]Texas does not practice automatic voter registration. Online registration[edit]
Texas does not permit online voter registration. Same-day registration[edit]Texas does not allow same-day voter registration. Residency requirements[edit]Prospective voters must reside in the county in which they are registering to vote. Verification of citizenship[edit]Texas does not require proof of citizenship for voter registration. Section 18.068 of the Texas Election Code says the following:
In January 2019, the Texas secretary of state’s office announced that it would be providing local election officials with a list of registered voters who obtained driver’s licenses or IDs with documentation such as work visas or green cards. Counties would then be able to require voters on the list to provide proof of citizenship within 30 days.[10] The review was halted by a federal judge in February 2019, and Secretary of State David Whitley rescinded the advisory in April.[11][12] A news release from Whitley’s office stated that “... going forward, the Texas Secretary of State's office will send to county voter registrars only the matching records of individuals who registered to vote before identifying themselves as non-U.S. citizens to DPS when applying for a driver's license or personal identification card. This will ensure that naturalized U.S. citizens who lawfully registered to vote are not impacted by this voter registration list maintenance process.”[13] Verifying your registration[edit]The Texas Secretary of State’s office allows residents to check their voter registration status online by visiting this website.
Voter ID requirements[edit]Texas requires voters to present photo identification while voting.[14] The following list of accepted ID was current as of November 2019. Click here for the Texas Secretary of State's page on accepted ID to ensure you have the most current information.
Identification provided by voters aged 18-69 must be expired for no more than four years before the election date. Voters aged 70 and older can use an expired ID card regardless of how long ago the ID expired.[14] Voters who are unable to provide one of the ID options listed above can sign a Reasonable Impediment Declaration and provide one of the following supporting documents:[14]
The following voters are exempt from showing photo ID:[14]
Voters who do not have a photo ID can obtain a Texas Election Identification Certificate (EIC) at any Texas driver’s license office during regular business hours. Voters can also obtain an Election Identification Certificate from a mobile station. Locations are listed here.[14] Background[edit]Before Section 5 of the Voting Rights Act was overturned on June 25, 2013, Texas' voter identification law, SB 14, required preclearance by the United States Department of Justice (DOJ) before taking effect. SB 14 required that every voter must present one of the following at his or her polling place: a Texas driver's license, a Texas Election Identification Certificate, a Texas personal identification card, a Texas concealed handgun license, a United States Military Identification Card containing the person’s photograph, a United States citizenship certificate containing the person’s photograph, or a United States passport. Preclearance was denied on March 13, 2012, and a lawsuit was subsequently filed by the state. On August 30, 2012, a three-judge panel in the United States District Court for the District of Columbia unanimously struck down the voter ID law. The court ruled that the law would negatively impact minority voter turnout and impose strict burdens upon the poor.[15] The state filed a lawsuit against the ruling, beginning several years of hearings and rulings across the federal judiciary. On April 27, 2018, a three-judge panel of the United States Court of Appeals for the 5th Circuit issued a 2-1 ruling reversing the earlier district court order that had barred the state from enforcing the provisions of its voter ID law.[16] On June 19, 2018, the Fifth Circuit dismissed a further appeal, allowing Texas' voter ID law to stand.[17] To read a full summary of the cases related to SB 14, click here. As of April 2021, 35 states enforced (or were scheduled to begin enforcing) voter identification requirements. A total of 21 states required voters to present photo identification at the polls; the remainder accepted other forms of identification. Valid forms of identification differ by state. Commonly accepted forms of ID include driver's licenses, state-issued identification cards, and military identification cards.[18][19] | ||||||
See also[edit]
External links[edit]
Footnotes[edit]
- ↑ 1.0 1.1 1.2 Texas State Legislature, "House Joint Resolution 125 Overview," accessed April 13, 2021
- ↑ 2.0 2.1 2.2 Texas State Legislature, "House Joint Resolution 125 Text," accessed April 13, 2021
- ↑ 3.0 3.1 3.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ Texas State Legislature, "House Bill 1313," accessed May 18, 2021
- ↑ Comptroller Texas, "AGE 65 OR OLDER OR DISABLED EXEMPTIONS FREQUENTLY ASKED QUESTIONS," accessed May 18, 2021
- ↑ VoteTexas.gov, "Who, What, Where, When, How," accessed October 17, 2019
- ↑ Texas Secretary of State, “Request for Voter Registration Applications,” accessed October 6, 2019
- ↑ Texas Secretary of State, “Texas Voting,” accessed October 6, 2019
- ↑ Texas Constitution and Statutes, “Election Code,” accessed October 6, 2019
- ↑ The Texas Tribune, “Texas officials flag tens of thousands of voters for citizenship checks,” January 25, 2019
- ↑ The New York Times, “Federal Judge Halts ‘Ham-Handed’ Texas Voter Purge,” February 28, 2019
- ↑ The New York Times, “Texas Ends Review That Questioned Citizenship of Almost 100,000 Voters,” April 26, 2019
- ↑ Texas Secretary of State, “Secretary Whitley Announces Settlement In Litigation On Voter Registration List Maintenance Activity,” accessed October 6, 2019
- ↑ 14.0 14.1 14.2 14.3 14.4 Texas Secretary of State, "Required Identification for Voting in Person," accessed October 28, 2019
- ↑ United States District Court for the District of Columbia, "Texas v. Holder, Opinion," August 30, 2012
- ↑ United States Court of Appeals for the 5th Circuit, "Veasey v. Abbott, Opinion," April 27, 2018
- ↑ United States Court of Appeals for the 5th Circuit, "Veasey v. Abbott, Opinion," June 19, 2018
- ↑ National Conference of State Legislatures, "Voter Identification Requirements|Voter ID Laws," June 5, 2017
- ↑ The Washington Post, "Do I need an ID to vote? A look at the laws in all 50 states," October 27, 2014
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