81R5696 JD-D
By: Bohac H.J.R. No. 56
A JOINT RESOLUTION
proposing a constitutional amendment authorizing the legislature
to establish for purposes of ad valorem taxation by certain school
districts in Harris County a limit on the maximum appraised value of
residence homesteads of 105 percent of the appraised value of the
property for the preceding tax year and to permit certain other
political subdivisions in Harris County to establish a 105 percent
limit on the maximum appraised value of residence homesteads for ad
valorem taxation by those political subdivisions.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1, Article VIII, Texas Constitution, is
amended by amending Subsection (i) and adding Subsection (j) to
read as follows:
(i) Notwithstanding Subsections (a) and (b) of this
section, the Legislature by general law may limit the maximum
appraised value of a residence homestead for purposes of ad valorem
taxation by a school district other than a junior college district,
a majority of the territory of which is located in Harris County,
[tax purposes] in a tax year to the lesser of the most recent market
value of the residence homestead as determined by the appraisal
entity or 105 [110] percent, or a greater percentage, of the
appraised value of the residence homestead for the preceding tax
year, and for purposes of ad valorem taxation by all other political
subdivisions in this state to the lesser of that most recent market
value or 110 percent, or a greater percentage of that appraised
value. A limitation on appraised values authorized by this
subsection:
(1) takes effect as to a residence homestead on the
later of the effective date of the law imposing the limitation or
January 1 of the tax year following the first tax year the owner
qualifies the property for an exemption under Section 1-b of this
article; and
(2) expires on January 1 of the first tax year that
neither the owner of the property when the limitation took effect
nor the owner's spouse or surviving spouse qualifies for an
exemption under Section 1-b of this article.
(j) Notwithstanding Subsections (a), (b), and (i) of this
section, the Legislature by general law may authorize the governing
body of a political subdivision other than a school district but
including a junior college district, a majority of the territory of
which is located in Harris County, to establish for purposes of ad
valorem taxation by the political subdivision a limit on the
maximum appraised value of a residence homestead in the political
subdivision of 105 percent of the appraised value of the property
for the preceding tax year. A limit on maximum appraised value
established under this subsection takes effect as to a residence
homestead on the later of January 1 of the tax year following the
year in which the limit is established or January 1 of the tax year
following the first tax year the owner qualifies the property for an
exemption under Section 1-b of this article. As to a residence
homestead, the limit expires on January 1 of the first tax year that
neither the owner of the property when the limit took effect nor the
owner's spouse or surviving spouse qualifies for an exemption under
Section 1-b of this article. If the governing body of a political
subdivision establishes a limit on maximum appraised value under
this subsection, the limit remains in effect until repealed or
rescinded by the governing body of the political subdivision.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 3, 2009.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment authorizing the
legislature to establish for purposes of ad valorem taxation by
certain school districts in Harris County a limit on the maximum
appraised value of residence homesteads of 105 percent of the
appraised value of the property for the preceding tax year and to
permit certain other political subdivisions in Harris County to
establish a 105 percent limit on the maximum appraised value of
residence homesteads for ad valorem taxation by those political
subdivisions."