Proposing a constitutional amendment authorizing the legislature to provide for an exemption from ad valorem taxation of all or part of the market value of the residence homestead of the surviving spouse of a veteran who died as a result of a condition or disease that is presumed under federal law to have been service-connected.
LowStandard timeline
Low Cost
Effective:2025-05-28
Enforcing Agencies
Texas Comptroller of Public Accounts • County Appraisal Districts
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date:January 1, 2026 (Conditional upon voter approval on November 4, 2025).
Compliance Deadline:January 1, 2026. Mortgage servicers and tax professionals must have systems ready to process this specific exemption category immediately upon the start of the 2026 tax year.
Agency Rulemaking: The Texas Comptroller of Public Accounts must update the *Application for Residence Homestead Exemption* and issue guidance to Appraisal Districts between November 5, 2025, and December 31, 2025.
Immediate Action Plan
1.Monitor HB 2508: Track the companion bill to determine if the exemption will be total (100%) or partial, as this dictates the financial impact on escrow accounts.
2.Update Client Questionnaires: Add specific questions regarding "cause of death" and "federal presumptions" to intake forms for the 2026 tax season.
3.Audit Escrow Systems: Ensure servicing software can accommodate a new exemption type that may differ from the standard "100% Disabled Veteran" code.
4.Wait for Ratification: Do not execute changes until the November 4, 2025 election results are certified.
Operational Changes Required
Contracts
Closing Disclosures (CD): For transactions closing on or after January 1, 2026, lenders must adjust projected tax liabilities to reflect this exemption if the borrower provides qualifying VA documentation.
Escrow Agreements: Standard language remains valid, but the *calculation formula* for the required escrow deposit must account for the reduced tax liability to prevent significant over-collection violations under RESPA.
Hiring/Training
Tax Consultants & Real Estate Agents: Staff must be trained to identify "federally presumed" service-connected deaths (e.g., Agent Orange, Burn Pits) distinct from standard service-connected disability ratings.
Mortgage Servicing Staff: Personnel handling escrow analysis must be trained to recognize the specific VA adjudication letters that trigger this exemption to process consumer requests for escrow re-balancing.
Reporting & Record-Keeping
Verification Documentation: Businesses must integrate intake procedures to collect VA adjudication letters specifically stating the cause of death was a "presumed" service-connected condition.
Non-Remarriage Affidavits: To maintain eligibility year-over-year, servicers and consultants should require annual confirmation that the surviving spouse has not remarried.
Fees & Costs
System Updates: One-time IT costs to add a new exemption code to servicing and appraisal software.
No Filing Fees: There are no government fees to file the exemption application.
Strategic Ambiguities & Considerations
"All or Part" Valuation: The amendment authorizes the Legislature to exempt "all or part" of the value. The text of HJR 133 does not guarantee a 100% exemption. You must monitor the enabling legislation, HB 2508, to determine the actual dollar amount or percentage of the exemption.
Definition of "Federal Presumption": The list of "presumed" conditions changes based on federal VA policy (e.g., new respiratory cancers added). Texas Appraisal Districts lack medical expertise; we anticipate strict Comptroller rules requiring specific VA letter codes to avoid subjective interpretation by local appraisers.
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According to a 2024 study on veterans in Texas prepared by the Texas Workforce Investment Council, approximately 1.5 million individuals 18 years of age and older in Texas were veterans in 2021. Current state law entitles a veteran who is rated as 100 percent disabled due to a service‑connected disability to an exemption from property taxation of the total appraised value of the veteran's residence homestead, and when a 100 percent disabled veteran passes away, a qualifying surviving spouse is entitled to the same residence homestead exemption for the property to which the veteran's exemption applied. However, the resolution author has informed the committee that a gap exists in current law with respect to veterans who pass away due to a condition or disease for which the federal Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act of 2022 establishes a presumption of service connection but who are not yet rated as 100 percent disabled at the time of the veteran's death, in which case the surviving spouse is not entitled to a residence homestead exemption. H.J.R. 133 seeks to address this issue by authorizing the legislature to entitle the surviving spouse of a veteran who died as a result of a qualifying condition or disease presumed under federal law to have been service-connected to certain exemptions from property taxation.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this resolution does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this resolution does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.J.R. 133 proposes an amendment to the Texas Constitution to authorize the legislature by general law to entitle the surviving spouse of a veteran of the U.S. armed services who died as a result of a condition or disease that is presumed under federal law to have been service‑connected to the following property tax exemptions:
·an exemption of all or part of the market value of the surviving spouse's residence homestead; and
·for a surviving spouse who qualifies for and receives such an exemption and who subsequently qualifies a different property as the spouse's residence homestead, an exemption of the subsequently qualified homestead in an amount equal to the dollar amount of the exemption the spouse received for the first homestead in the last year in which the spouse received the exemption.
These exemptions apply only to a surviving spouse who has not remarried since the death of the veteran.
H.J.R. 133 takes effect January 1, 2026, and applies only to a tax year beginning on or after that date.
ELECTION DATE
The constitutional amendment proposed by this joint resolution will be submitted to the voters at an election to be held November 4, 2025.
Honorable Morgan Meyer, Chair, House Committee on Ways & Means
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HJR133 by Turner (Proposing a constitutional amendment authorizing the legislature to provide for an exemption from ad valorem taxation of all or part of the market value of the residence homestead of the surviving spouse of a veteran who died as a result of a condition or disease that is presumed under federal law to have been service-connected.), As Introduced
No fiscal implication to the State is anticipated, other than the cost of publication.
The cost to the state for publication of the resolution is $191,689.
The resolution would propose an amendment to Article VIII of the Texas Constitution to provide that the surviving spouse of a veteran of the armed services of the United States who died as a result of a condition or disease that is presumed under federal law to have been service-connected is entitled to an exemption from property taxation of all or part of the market value of the surviving spouse's residence homestead if the surviving spouse has not remarried since the death of the veteran.
A qualified surviving spouse would be entitled to receive the exemption on a subsequently qualified residence homestead in an amount equal to the dollar amount of the exemption of the first property the surviving spouse qualified if the surviving spouse has not remarried.
The Legislature would be permitted to impose additional eligibility requirements.
This constitutional amendment would permit but not require the Legislature to exempt the homestead residence of a surviving spouse of a veteran of the armed services of the United States who died as a result of a condition or disease that is presumed under federal law to have been service-connected from property tax. Any cost would be shown in the fiscal note for the associated enabling legislation (HB 2508).
Local Government Impact
No fiscal implication to units of local government is anticipated.
Source Agencies: b > td >
304 Comptroller of Public Accounts
LBB Staff: b > td >
JMc, KK, SD, BRI
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HJR 133 places a constitutional amendment on the November 4, 2025, ballot to authorize property tax exemptions for surviving spouses of veterans who died from federally presumed service-connected diseases (e. g. , PACT Act conditions).
Q
Who authored HJR133?
HJR133 was authored by Texas Representative Chris Turner during the Regular Session.
Q
When was HJR133 signed into law?
HJR133 was signed into law by Governor Greg Abbott on May 28, 2025.
Q
Which agencies enforce HJR133?
HJR133 is enforced by Texas Comptroller of Public Accounts and County Appraisal Districts.
Q
How urgent is compliance with HJR133?
The compliance urgency for HJR133 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HJR133?
The cost impact of HJR133 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does HJR133 address?
HJR133 addresses topics including disabilities, persons with, health, health--other diseases & medical conditions, military & veterans and property interests.
Legislative data provided by LegiScanLast updated: November 25, 2025
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