| 1 | 1 | | 81R2376 SMH-D |
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| 2 | 2 | | By: Riddle H.J.R. No. 15 |
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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 authorizing the legislature |
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| 7 | 7 | | to provide for a local option election in a county to set a limit on |
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| 8 | 8 | | the maximum appraised value of a residence homestead for ad valorem |
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| 9 | 9 | | tax purposes of less than 110 percent but not less than 103 percent |
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| 10 | 10 | | of the appraised value of the property for the preceding tax year. |
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| 11 | 11 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 1, Article VIII, Texas Constitution, is |
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| 13 | 13 | | amended by adding Subsection (j) to read as follows: |
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| 14 | 14 | | (j) Notwithstanding Subsections (a), (b), and (i) of this |
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| 15 | 15 | | section, the Legislature by general law may authorize the |
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| 16 | 16 | | commissioners court of a county to call an election in the county to |
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| 17 | 17 | | permit the voters of the county to determine by majority vote |
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| 18 | 18 | | whether to establish for purposes of ad valorem taxation by each |
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| 19 | 19 | | political subdivision in the county a percentage limitation on the |
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| 20 | 20 | | maximum appraised value of a residence homestead in the political |
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| 21 | 21 | | subdivision of less than 110 percent but not less than 103 percent |
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| 22 | 22 | | of the appraised value of the property for the preceding tax year. |
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| 23 | 23 | | The ballot proposition shall specify the proposed percentage |
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| 24 | 24 | | limitation on maximum appraised value. A limitation on maximum |
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| 25 | 25 | | appraised value established under this subsection takes effect as |
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| 26 | 26 | | to a residence homestead on the later of January 1 of the tax year |
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| 27 | 27 | | following the year in which the election is held or January 1 of the |
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| 28 | 28 | | tax year following the first tax year the owner qualifies the |
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| 29 | 29 | | property for an exemption under Section 1-b of this article. As to |
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| 30 | 30 | | a residence homestead, the limitation expires on January 1 of the |
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| 31 | 31 | | first tax year that neither the owner of the property when the |
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| 32 | 32 | | limitation took effect nor the owner's spouse or surviving spouse |
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| 33 | 33 | | qualifies for an exemption under Section 1-b of this article. If |
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| 34 | 34 | | the voters of a county establish a limitation on maximum appraised |
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| 35 | 35 | | value under this subsection, the limitation remains in effect until |
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| 36 | 36 | | the tax year following a year in which the limitation is amended or |
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| 37 | 37 | | repealed by the voters of the county at a subsequent election called |
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| 38 | 38 | | by the commissioners court of the county. The Legislature by |
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| 39 | 39 | | general law may provide for the effect of the adoption of a |
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| 40 | 40 | | limitation on maximum appraised value under this subsection on a |
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| 41 | 41 | | political subdivision with boundaries extending outside the |
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| 42 | 42 | | county. |
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| 43 | 43 | | SECTION 2. This proposed constitutional amendment shall be |
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| 44 | 44 | | submitted to the voters at an election to be held November 3, 2009. |
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| 45 | 45 | | The ballot shall be printed to permit voting for or against the |
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| 46 | 46 | | proposition: "The constitutional amendment authorizing the |
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| 47 | 47 | | legislature to provide for a local option election in a county to |
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| 48 | 48 | | set a limit on the maximum appraised value of a residence homestead |
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| 49 | 49 | | for ad valorem tax purposes of less than 110 percent but not less |
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| 50 | 50 | | than 103 percent of the appraised value of the property for the |
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| 51 | 51 | | preceding tax year." |
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