89th Legislature

SJR 85

Overall Vote Recommendation
No
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

SJR 85 proposes an amendment to the Texas Constitution to authorize the legislature to increase the amount of the residence homestead exemption from ad valorem (property) taxation for public school purposes for individuals who are either elderly (65 years or older) or disabled. Currently, the additional exemption for these individuals is set at $10,000. SJR 85 seeks to raise that amount to $60,000, offering significant tax relief on top of the existing $100,000 general homestead exemption.

The proposed amendment updates Section 1-b(c), Article VIII of the Texas Constitution. It allows the legislature to determine the amount and eligibility for this additional exemption and clarifies that a qualifying individual may not receive both exemptions for age and disability but may choose the one most advantageous. It also includes a provision that school districts may continue to collect previously pledged tax revenues for debt obligations, even if the underlying property becomes exempt under the new amendment.

SJR 85 includes a temporary provision stating the amendment will take effect beginning January 1, 2025, and will be automatically repealed on January 1, 2027, suggesting a sunset clause or potential evaluation period. Voters will decide on the amendment through a statewide election scheduled for November 4, 2025, with the ballot language clearly stating the purpose of the amendment: to authorize the increase in the residence homestead exemption for the elderly and disabled.

Overall, the resolution aims to deliver meaningful property tax relief to fixed-income homeowners without undercutting school funding, as the state is required to implement formulas to compensate school districts for any resulting revenue loss.

Author
Paul Bettencourt
Co-Author
Carol Alvarado
Brian Birdwell
Cesar Blanco
Donna Campbell
Molly Cook
Brandon Creighton
Peter Flores
Roland Gutierrez
Brent Hagenbuch
Bob Hall
Kelly Hancock
Adam Hinojosa
Juan Hinojosa
Joan Huffman
Bryan Hughes
Phil King
Lois Kolkhorst
Jose Menendez
Mayes Middleton
Borris Miles
Robert Nichols
Tan Parker
Angela Paxton
Charles Perry
Charles Schwertner
Kevin Sparks
Royce West
Judith Zaffirini
Sponsor
Morgan Meyer
Trey Martinez Fischer
Greg Bonnen
Todd Hunter
Diego Bernal
Co-Sponsor
Daniel Alders
Alma Allen
Rafael Anchia
Trent Ashby
Jeffrey Barry
Cecil Bell, Jr.
Keith Bell
Salman Bhojani
Rhetta Bowers
Bradley Buckley
John Bucy III
Ben Bumgarner
Angie Chen Button
Briscoe Cain
Elizabeth Campos
Giovanni Capriglione
David Cook
Philip Cortez
Charles Cunningham
Pat Curry
Drew Darby
Aicha Davis
Jay Dean
Mano DeAyala
Mark Dorazio
Harold Dutton
Paul Dyson
Caroline Fairly
Maria Flores
James Frank
Erin Gamez
Cassandra Garcia Hernandez
Josey Garcia
Linda Garcia
Gary Gates
Stan Gerdes
Charlie Geren
Barbara Gervin-Hawkins
Vikki Goodwin
Ryan Guillen
Sam Harless
Cody Harris
Caroline Harris Davila
Cole Hefner
Hillary Hickland
Donna Howard
Lacey Hull
Carrie Isaac
Ann Johnson
Helen Kerwin
Ken King
Stan Kitzman
Suleman Lalani
Stan Lambert
Brooks Landgraf
Jeff Leach
Terri Leo-Wilson
Janie Lopez
Ray Lopez
A.J. Louderback
J. M. Lozano
John Lujan
Christian Manuel
Armando Martinez
Don McLaughlin
John McQueeney
William Metcalf
Terry Meza
Eddie Morales
Matt Morgan
Sergio Munoz, Jr.
Candy Noble
Tom Oliverson
Claudia Ordaz
Angelia Orr
Jared Patterson
Dennis Paul
Mary Perez
Vincent Perez
Dade Phelan
Katrina Pierson
Mihaela Plesa
Richard Raymond
Ron Reynolds
Alan Schoolcraft
Matthew Shaheen
Joanne Shofner
Shelby Slawson
John Smithee
Valoree Swanson
Tony Tinderholt
Steve Toth
Ellen Troxclair
Gary Vandeaver
Cody Vasut
Denise Villalobos
Hubert Vo
Charlene Ward Johnson
Trey Wharton
Terry Wilson
Erin Zwiener
Fiscal Notes

According to the Legislative Budget Board (LBB), there will be no significant fiscal impact to the state from the adoption of SJR 85, beyond the required costs for publishing the constitutional amendment. That publication cost is estimated at $191,689, a standard expense for notifying the public ahead of the statewide constitutional amendment election scheduled for November 4, 2025.

Importantly, the fiscal note clarifies that the proposed amendment, on its own, does not trigger any direct revenue losses or expenditures for the state or local governments. However, actual fiscal impacts would be determined by the enabling legislation, which in this case is Senate Bill 23. That companion legislation would formally implement the increased homestead exemption and set the associated parameters for tax administration and local school finance adjustments.

While the resolution itself does not require changes to state appropriations, if enacted, the enabling law would likely necessitate state reimbursements to school districts to offset the loss in property tax revenue. This safeguard is constitutionally required to maintain public school funding. The details and costs of that reimbursement process would be analyzed in the fiscal note for the enabling legislation (SB 23), not in this resolution.

In sum, SJR 85 poses minimal upfront cost to the state and no direct local fiscal effect, but its long-term financial implications hinge on subsequent statutory action.

Vote Recommendation Notes

SJR 85 proposes a constitutional amendment to increase the additional school district property tax exemption for elderly and disabled homeowners from $10,000 to $60,000. While this measure is framed as compassionate tax relief for vulnerable populations, its fiscal and policy implications raise significant concerns. The exemption would result in substantial revenue losses for school districts, requiring the state to backfill those funds through increased financial aid—without imposing any accountability or efficiency measures on local entities. This dynamic undermines personal and institutional responsibility and reinforces a flawed fiscal structure that avoids addressing the systemic drivers of high property taxes.

From a liberty-focused policy perspective, SJR 85 creates a selective benefit for a politically favored class—elderly and disabled homeowners—at the expense of equity and fairness in the tax system. By narrowing the tax base and shifting the burden onto non-exempt groups, particularly younger, working Texans and small business owners, the amendment erodes broader economic liberty. This cost-shifting can intensify generational disparities and deepen economic pressures on those already struggling with housing affordability and inflation.

Furthermore, the measure expands the financial obligations of the state without enacting reforms to control spending or rationalize school funding. This violates the principle of limited government by increasing long-term state commitments without addressing the underlying inefficiencies in Texas’s tax and education finance systems. Instead of pursuing comprehensive tax reform or expenditure restraint, SJR 85 perpetuates a politically expedient approach that masks structural deficiencies with selective relief.

For these reasons, while the intent behind SJR 85 may be commendable, its approach is unsustainable and inequitable. It expands government obligations, distorts tax fairness, and fails to promote meaningful reform. Therefore, Texas Policy Research recommends that lawmakers vote NO on SJR 85.

  • Individual Liberty: At face value, the resolution enhances individual liberty for elderly and disabled homeowners by lowering their property tax obligations, thereby helping them remain in their homes and maintain greater control over their financial choices. However, this benefit comes at a cost to others. By reducing the tax base and shifting the burden to non-exempt property owners—including younger families and small businesses—the measure indirectly restricts the financial freedom of those groups. True liberty requires fairness, and when relief for one group results in increased obligations for another, it undermines equitable liberty across the population.
  • Personal Responsibility: The bill significantly weakens the principle of personal and institutional responsibility. It does this by requiring the state to fully compensate school districts for the lost revenue from the increased exemption without attaching any requirements for fiscal restraint or spending reform at the local level. This “hold harmless” provision allows school districts to operate without facing the consequences of tax base erosion, promoting a reliance on state subsidies rather than responsible, locally-driven budgeting.
  • Free Enterprise: The resolution does not directly regulate business, but its economic ripple effects may negatively impact free enterprise. As the property tax burden shifts away from exempt homeowners, it falls more heavily on non-exempt groups—many of whom are entrepreneurs, new homeowners, or small business owners. These groups often operate on thinner margins and are more sensitive to rising costs. In this way, the bill’s selective tax relief may distort the economic environment, discouraging growth and investment, especially in communities with already high housing and operating costs.
  • Private Property Rights: The resolution upholds the property rights of elderly and disabled Texans by mitigating tax pressures that could otherwise jeopardize their ability to remain in their homes. However, it does so selectively. Non-exempt homeowners may face relatively higher taxes or reduced services, meaning their property rights are indirectly compromised. A true defense of property rights should be uniform and not come at the expense of other groups’ financial or legal standing.
  • Limited Government: This is where the resolution most clearly departs from liberty principles. The amendment obligates the state to assume a larger fiscal role by reimbursing school districts for forgone local tax revenue—potentially over $1.2 billion in the next biennium if enabling legislation like SB 23 passes. This grows the size and scope of state government without requiring efficiency gains or fiscal discipline in return. Rather than shrinking or reforming government, the bill entrenches a model of centralized, reactive fiscal policy that deepens long-term obligations and burdens future taxpayers.
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