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A JOINT RESOLUTION
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proposing a constitutional amendment authorizing the legislature |
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to provide for the appraisal of certain real property for ad valorem |
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tax purposes based on its purchase price, exempting all tangible |
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personal property in this state from ad valorem taxation, and |
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authorizing the legislature to permit legislators to appoint |
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members of the board of equalization for an appraisal entity. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1, Article VIII, Texas Constitution, is |
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amended by amending Subsection (b) and adding Subsections (k) and |
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(l) to read as follows: |
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(b) All real property [and tangible personal property] in |
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this State, unless exempt as required or permitted by this |
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Constitution, whether owned by natural persons or corporations, |
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other than municipal, shall be taxed in proportion to its value, |
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which shall be ascertained as may be provided by law. All tangible |
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personal property in this State is exempt from ad valorem taxation, |
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except as provided by Subsection (l) of this section. |
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(k) Notwithstanding Subsections (a), (b), and (i) of this |
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section, for each tax year following the year in which the property |
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was purchased until the end of the tax year in which the ownership |
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of the property changes, the legislature by general law may limit |
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the maximum appraised value of residential property consisting of |
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not more than four individual dwelling units, including a |
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single-family home, or of a tract of unimproved land for ad valorem |
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tax purposes to the lesser of the market value of the property as |
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determined by the appraisal entity or the sum of the amount the |
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owner of the property paid for the property and the initial market |
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value of each new improvement to the property. The applicability of |
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a general law enacted under this subsection must be limited to a |
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bona fide purchaser for value of a property who, in the manner |
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provided by law, applies for the limitation on appraised value |
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under this subsection not later than a date prescribed by general |
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law in the tax year following the year in which the person purchased |
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the property. The legislature may prescribe or delegate to an |
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appropriate public official or entity the authority to prescribe |
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standards and procedures to administer a law enacted under this |
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subsection, including criteria to be used to determine whether a |
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person was a bona fide purchaser for value. |
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(l) If before January 1, 2024, an ad valorem tax on tangible |
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personal property is pledged for the payment of a debt, the |
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appropriate tax authorities may continue to levy and collect the |
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tax against that tangible personal property at the same rate as the |
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pledged tax until the debt is discharged, if cessation of the levy |
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and collection of the tax would impair the obligation of the |
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contract by which the debt was created. This subsection applies to |
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tangible personal property that was taxable under the law in effect |
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on January 1, 2023, but that became exempt under Subsection (b) of |
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this section on January 1, 2024, as a result of the amendment of |
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this section adopted by the voters in 2021 to exempt all tangible |
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personal property from ad valorem taxation. |
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SECTION 2. Section 8, Article VIII, Texas Constitution, is |
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amended to read as follows: |
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Sec. 8. All real property of railroad companies shall be |
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assessed, and the taxes collected in the several counties in which |
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said real property is situated, including so much of the roadbed and |
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fixtures as shall be in each county. [The rolling stock may be |
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assessed in gross in the county where the principal office of the |
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company is located, and the county tax paid upon it shall be |
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apportioned as provided by general law in proportion to the |
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distance such road may run through any such county, among the |
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several counties through which the road passes, as a part of their |
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tax assets.] |
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SECTION 3. Section 18(c), Article VIII, Texas Constitution, |
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is amended to read as follows: |
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(c) The Legislature, by general law, shall provide for a |
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single board of equalization for each appraisal entity consisting |
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of qualified persons residing within the territory appraised by |
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that entity. The Legislature, by general law, may authorize a |
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single board of equalization for two or more adjoining appraisal |
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entities that elect to provide for consolidated equalizations. |
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Members of a board of equalization may not be elected officials of a |
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county or of the governing body of a taxing unit. Notwithstanding |
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Section 1, Article II, of this constitution, the Legislature, by |
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general law, may provide for the appointment of members of the board |
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of equalization for an appraisal entity by the state senators and |
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state representatives whose districts contain any part of the |
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territory appraised by that entity. |
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SECTION 4. The following temporary provision is added to |
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the Texas Constitution: |
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TEMPORARY PROVISION. The constitutional amendment |
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authorizing the legislature to provide for the appraisal of certain |
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real property for ad valorem tax purposes based on its purchase |
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price, exempting all tangible personal property in this state from |
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ad valorem taxation, and authorizing the legislature to permit |
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legislators to appoint members of the board of equalization for an |
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appraisal entity takes effect January 1, 2024, and applies only to |
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taxes imposed on or after that date. This temporary provision |
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expires January 1, 2025. |
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SECTION 5. The following provisions of Article VIII, Texas |
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Constitution, are repealed: |
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(1) Sections 1(d), (e), and (g); |
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(2) Section 1-i; |
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(3) Section 1-j; |
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(4) Section 1-n, as proposed by S.J.R. 47, 77th |
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Legislature, Regular Session, 2001; |
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(5) Section 1-n, as proposed by S.J.R. 6, 77th |
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Legislature, Regular Session, 2001; |
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(6) Section 1-p; |
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(7) Section 19; and |
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(8) Section 19a. |
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SECTION 6. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 2, 2021. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment authorizing the |
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legislature to provide for the appraisal of certain residential or |
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unimproved real property for ad valorem tax purposes based on its |
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purchase price, exempting all tangible personal property in this |
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state from ad valorem taxation, and authorizing the legislature to |
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permit legislators to appoint members of the board of equalization |
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for an appraisal entity." |