Texas House Bill HJR43

Texas 2021 - 87th Regular

Caption

Proposing a constitutional amendment providing that a residence homestead is not subject to seizure or sale for delinquent ad valorem taxes.

Impact

This constitutional amendment will have significant implications for state laws regarding property taxation and foreclosure proceedings. By establishing a protective barrier for residence homesteads, HJR43 effectively alters the existing framework under which properties can be seized for unpaid taxes. The amendment redefines the terms that govern how and when a property can be sold for delinquent taxes, potentially shifting the burden onto the state or local governments to recover owed taxes through alternative means. Homeowners will thus find themselves with newfound protection against aggressive tax collection methods.

Summary

HJR43 proposes a constitutional amendment in Texas that aims to prohibit the seizure or sale of a residence homestead for the payment of delinquent ad valorem taxes. This amendment intends to safeguard homeowners from losing their primary residences due to tax-related debt. In doing so, it seeks to enhance property rights and provide a level of financial security for individuals who may struggle with tax payments. According to the proposed changes, the legislature is tasked with establishing criteria for what constitutes a residence homestead, granting it a distinct status against tax collections.

Contention

While HJR43 may be seen as a boon for homeowners facing difficulties with tax obligations, it has also sparked debate regarding financial responsibility and the potential ramifications on local government revenues. Critics express concerns that safeguarding properties to this extent may lead to diminished tax revenue avenues for municipalities and the state, thereby impacting public services. Proponents argue that the legislation will mitigate the stress on families confronting financial hardships, preventing them from losing their homes while ensuring that taxes remain due and payable in time.