| 1 | 1 | | 81R10917 UM-F |
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| 2 | 2 | | By: Howard of Fort Bend H.J.R. No. 121 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A JOINT RESOLUTION |
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| 6 | 6 | | proposing a constitutional amendment to require that taxation be |
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| 7 | 7 | | fair and equal and that the full cash value of property, calculated |
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| 8 | 8 | | only when property is purchased, constructed, or exchanged, be used |
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| 9 | 9 | | for purposes of ad valorem taxation. |
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| 10 | 10 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 1, Article VIII, Texas Constitution, is |
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| 12 | 12 | | amended by amending Subsections (a) and (b) and adding Subsections |
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| 13 | 13 | | (c-1) and (c-2) to read as follows: |
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| 14 | 14 | | (a) Taxation shall be fair and equal [and uniform]. |
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| 15 | 15 | | (b) All real property and tangible personal property in this |
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| 16 | 16 | | State, unless exempt as required or permitted by this Constitution, |
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| 17 | 17 | | whether owned by natural persons or corporations, other than |
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| 18 | 18 | | municipal, shall be taxed at the property's full cash [in |
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| 19 | 19 | | proportion to its] value, which shall be ascertained as may be |
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| 20 | 20 | | provided by law. |
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| 21 | 21 | | (c-1) In this section: |
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| 22 | 22 | | (1) "Full cash value" means the valuation as shown on a |
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| 23 | 23 | | 2009 ad valorem tax bill for a property under "market value" or, |
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| 24 | 24 | | thereafter, the appraised value of real property when purchased, |
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| 25 | 25 | | when newly constructed, or at the time of a change in ownership |
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| 26 | 26 | | after the 2009 assessment. Real property that is not assessed at |
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| 27 | 27 | | the 2009 full cash value may be reassessed to reflect that |
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| 28 | 28 | | valuation. |
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| 29 | 29 | | (2) "Newly constructed" does not include real property |
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| 30 | 30 | | that is reconstructed after a disaster, as declared by the |
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| 31 | 31 | | governor, if the value of the real property for tax purposes, as |
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| 32 | 32 | | reconstructed, is comparable to its value for tax purposes prior to |
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| 33 | 33 | | the disaster. |
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| 34 | 34 | | (c-2) All references in the Constitution to market value |
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| 35 | 35 | | mean full cash value. |
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| 36 | 36 | | SECTION 2. The following temporary provision is added to |
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| 37 | 37 | | the Texas Constitution: |
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| 38 | 38 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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| 39 | 39 | | to the constitutional amendment proposed by the 81st Legislature, |
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| 40 | 40 | | Regular Session, 2009, to require that taxation be fair and equal |
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| 41 | 41 | | and that the full cash value of property, calculated only when |
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| 42 | 42 | | property is purchased, constructed, or exchanged, be used for |
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| 43 | 43 | | purposes of ad valorem taxation. |
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| 44 | 44 | | (b) Sections 1(a), (b), (c-1), and (c-2), Article VIII of |
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| 45 | 45 | | this constitution, take effect January 1, 2010, and apply only to a |
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| 46 | 46 | | tax year that begins on or after that date. |
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| 47 | 47 | | (c) This temporary provision expires January 1, 2011. |
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| 48 | 48 | | SECTION 3. This proposed constitutional amendment shall be |
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| 49 | 49 | | submitted to the voters at an election to be held November 3, 2009. |
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| 50 | 50 | | The ballot shall be printed to permit voting for or against the |
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| 51 | 51 | | proposition: "The constitutional amendment to require that |
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| 52 | 52 | | taxation be fair and equal and that the full cash value of property, |
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| 53 | 53 | | calculated only when property is purchased, constructed, or |
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| 54 | 54 | | exchanged, be used for purposes of ad valorem taxation." |
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