Bill Text: TX HJR71 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Proposing a constitutional amendment to authorize the legislature to provide for limitations on the appraised value of certain real property in specified areas for ad valorem tax purposes.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2023-02-28 - Referred to Ways & Means [HJR71 Detail]
Download: Texas-2023-HJR71-Introduced.html
88R1146 TJB-D | ||
By: Davis | H.J.R. No. 71 |
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proposing a constitutional amendment to authorize the legislature | ||
to provide for limitations on the appraised value of certain real | ||
property in specified areas for ad valorem tax purposes. | ||
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article VIII, Texas Constitution, is amended by | ||
adding Sections 1-a-1 and 1-a-2 to read as follows: | ||
Sec. 1-a-1. (a) Notwithstanding Sections 1(a) and (b) of | ||
this article and Section 56, Article III, of this constitution, the | ||
legislature by local law may authorize the governing body of one or | ||
more political subdivisions to adopt a temporary limitation on the | ||
appraised value for taxation by the political subdivision of one or | ||
more types of real property located in certain areas specified by | ||
law. Property subject to the limitation shall be taxed at the | ||
lesser of the appraised value of the property as otherwise | ||
determined by law or the appraised value of the property for the tax | ||
year preceding the tax year in which the limitation first applies. | ||
(b) A law enacted under this section: | ||
(1) must specify one or more areas to which the | ||
appraisal limitation authorized by this section applies; | ||
(2) must prescribe the period for which the limitation | ||
applies, which may not be longer than 15 consecutive tax years; | ||
(3) must prescribe the types of real property to which | ||
the limitation applies; | ||
(4) may prescribe additional eligibility requirements | ||
for the limitation; and | ||
(5) may prescribe procedures for the administration of | ||
the limitation. | ||
(c) Section 57, Article III, Texas Constitution, does not | ||
apply to a local law authorized by this section. | ||
(d) This section expires January 1, 2040. | ||
Sec. 1-a-2. (a) Notwithstanding Sections 1(a) and (b) of | ||
this article and Section 56, Article III, of this constitution, the | ||
legislature by local law may limit the maximum appraised value of a | ||
rapidly appreciating residence homestead located in certain areas | ||
specified by law 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 to the appraised value of the property | ||
for the 2017 tax year. | ||
(b) A limitation on appraised values authorized by this | ||
section: | ||
(1) takes effect as to a rapidly appreciating | ||
residence homestead on the effective date of the law imposing the | ||
limitation; and | ||
(2) expires on January 1 of the first tax year that | ||
neither the owner of the property when the limitation took effect | ||
nor the owner's spouse or surviving spouse qualifies for an | ||
exemption under Section 1-b of this article. | ||
(c) A law enacted under this section: | ||
(1) must specify one or more areas to which the | ||
appraisal limitation authorized by this section applies; | ||
(2) must define "rapidly appreciating residence | ||
homestead"; and | ||
(3) may prescribe additional eligibility requirements | ||
for the limitation. | ||
(d) Section 57, Article III, Texas Constitution, does not | ||
apply to a local law authorized by this section. | ||
SECTION 2. This proposed constitutional amendment shall be | ||
submitted to the voters at an election to be held November 7, 2023. | ||
The ballot shall be printed to permit voting for or against the | ||
proposition: "The constitutional amendment to authorize the | ||
legislature to provide for limitations on the appraised value of | ||
certain real property in specified areas for ad valorem tax | ||
purposes." |