| 1 | 1 | | 81R5867 JD-D |
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| 2 | 2 | | By: Bohac H.B. No. 1106 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the limitation on increases in the appraised value of a |
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| 8 | 8 | | residence homestead for ad valorem taxation by certain school |
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| 9 | 9 | | districts and other taxing units in Harris County. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 23.23, Tax Code, is amended by amending |
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| 12 | 12 | | Subsection (a) and adding Subsections (g) and (h) to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | (a) Except as provided by Subsection (g), notwithstanding |
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| 15 | 15 | | [Notwithstanding] the requirements of Section 25.18, and |
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| 16 | 16 | | regardless of whether the appraisal office has appraised the |
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| 17 | 17 | | property and determined the market value of the property for the tax |
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| 18 | 18 | | year, an appraisal office may increase the appraised value of a |
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| 19 | 19 | | residence homestead for a tax year to an amount not to exceed the |
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| 20 | 20 | | lesser of: |
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| 21 | 21 | | (1) the market value of the property for the most |
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| 22 | 22 | | recent tax year that the market value was determined by the |
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| 23 | 23 | | appraisal office; or |
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| 24 | 24 | | (2) the sum of: |
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| 25 | 25 | | (A) for purposes of taxation by a school district |
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| 26 | 26 | | other than a junior college district, a majority of the territory of |
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| 27 | 27 | | which is located in Harris County, five percent of the appraised |
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| 28 | 28 | | value of the property for the preceding tax year, and for purposes |
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| 29 | 29 | | of taxation by any other taxing unit, 10 percent of the appraised |
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| 30 | 30 | | value of the property for the preceding tax year; |
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| 31 | 31 | | (B) the appraised value of the property for the |
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| 32 | 32 | | preceding tax year; and |
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| 33 | 33 | | (C) the market value of all new improvements to |
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| 34 | 34 | | the property. |
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| 35 | 35 | | (g) The governing body of a taxing unit other than a school |
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| 36 | 36 | | district but including a junior college district, a majority of the |
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| 37 | 37 | | territory of which is located in Harris County, in the manner |
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| 38 | 38 | | required by law for official action, may at any time provide that |
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| 39 | 39 | | for purposes of taxation by the taxing unit in the following and |
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| 40 | 40 | | each subsequent tax year a lower percentage limitation on maximum |
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| 41 | 41 | | appraised value determined in the manner provided by Subsection |
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| 42 | 42 | | (a)(2) using five percent in place of 10 percent in Subsection |
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| 43 | 43 | | (a)(2)(A) will apply to the taxation of residence homesteads by the |
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| 44 | 44 | | taxing unit. |
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| 45 | 45 | | (h) Subsection (g) does not affect the appraised value of a |
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| 46 | 46 | | residence homestead for taxation by a taxing unit other than the |
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| 47 | 47 | | taxing unit whose governing body provides for the application of a |
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| 48 | 48 | | five percent limitation on maximum appraised value under that |
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| 49 | 49 | | subsection. If the governing body of the taxing unit sets the tax |
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| 50 | 50 | | rate for more than one taxing unit, an action by the governing body |
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| 51 | 51 | | under Subsection (g) does not apply to a taxing unit other than the |
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| 52 | 52 | | taxing unit whose governing body takes that action. |
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| 53 | 53 | | SECTION 2. Section 42.26(d), Tax Code, is amended to read as |
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| 54 | 54 | | follows: |
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| 55 | 55 | | (d) For purposes of this section, the value of the property |
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| 56 | 56 | | subject to the suit and the value of a comparable property or sample |
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| 57 | 57 | | property that is used for comparison must be the market value |
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| 58 | 58 | | determined by the appraisal district when the property is a |
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| 59 | 59 | | residence homestead subject to a [the] limitation on appraised |
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| 60 | 60 | | value imposed by or established under Section 23.23. |
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| 61 | 61 | | SECTION 3. This Act applies only to the appraisal of a |
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| 62 | 62 | | residence homestead for ad valorem tax purposes for a tax year that |
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| 63 | 63 | | begins on or after January 1, 2010. |
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| 64 | 64 | | SECTION 4. This Act takes effect January 1, 2010, but only |
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| 65 | 65 | | if the constitutional amendment proposed by the 81st Legislature, |
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| 66 | 66 | | Regular Session, 2009, authorizing the legislature to establish for |
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| 67 | 67 | | purposes of ad valorem taxation by certain school districts in |
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| 68 | 68 | | Harris County a limit on the maximum appraised value of residence |
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| 69 | 69 | | homesteads of 105 percent of the appraised value of the property for |
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| 70 | 70 | | the preceding tax year and to permit certain other political |
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| 71 | 71 | | subdivisions in Harris County to establish a 105 percent limit on |
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| 72 | 72 | | the maximum appraised value of residence homesteads for ad valorem |
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| 73 | 73 | | taxation by those political subdivisions is approved by the voters. |
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| 74 | 74 | | If that amendment is not approved by the voters, this Act has no |
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| 75 | 75 | | effect. |
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