By: Howard of Fort Bend H.J.R. No. 156
A JOINT RESOLUTION
proposing a constitutional amendment to require that taxation be
fair and equal and that the full cash value of property, calculated
only when property is purchased, constructed, or exchanged, be used
for purposes of ad valorem taxation.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1, Article VIII, Texas Constitution, is
amended by amending Subsections (a) and (b) and adding Subsections
(c-1) and (c-2) to read as follows:
(a) Taxation shall be fair and equal [and uniform].
(b) All real property and tangible personal property in this
State, unless exempt as required or permitted by this Constitution,
whether owned by natural persons or corporations, other than
municipal, shall be taxed at the property's full cash [in
proportion to its] value, which shall be ascertained as may be
provided by law.
(c-1) In this section:
(1) "Full cash value" means the valuation as shown on a
2009 ad valorem tax bill for a property under "market value" or,
thereafter, the appraised value of real property when purchased,
when newly constructed, or at the time of a change in ownership
after the 2009 assessment. Real property that is not assessed at
the 2009 full cash value may be reassessed to reflect that
valuation.
(2) "Newly constructed" does not include real property
that is reconstructed after a disaster, as declared by the
governor, if the value of the real property for tax purposes, as
reconstructed, is comparable to its value for tax purposes prior to
the disaster.
(c-2) All references in the Constitution to market value
mean full cash value.
SECTION 2. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by the 81st Legislature,
Regular Session, 2009, to require that taxation be fair and equal
and that the full cash value of property, calculated only when
property is purchased, constructed, or exchanged, be used for
purposes of ad valorem taxation.
(b) Sections 1(a), (b), (c-1), and (c-2), Article VIII of
this constitution, take effect January 1, 2010, and apply only to a
tax year that begins on or after that date.
(c) This temporary provision expires January 1, 2011.
SECTION 3. 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 to require that
taxation be fair and equal and that the full cash value of property,
calculated only when property is purchased, constructed, or
exchanged, be used for purposes of ad valorem taxation."