Proposing a constitutional amendment authorizing the foreclosure of a lien on homestead property for costs incurred by a municipality relating to a dangerous structure on the property.
Impact
The impact of HJR123 on Texas state laws could be significant, particularly concerning property rights and local government authority. By allowing municipalities to seek foreclosure for expenses related to securing, repairing, or demolishing dangerous structures, this amendment would provide them with a tool to address potential hazards more efficiently. Proponents argue that this measure could enhance community safety and uphold property values by ensuring that derelict properties are dealt with promptly.
Summary
HJR123 proposes a constitutional amendment that would allow municipalities to foreclose on liens placed against homestead properties for costs associated with addressing dangerous structures. This amendment seeks to expand the powers of local governments to ensure that properties posing a threat to public safety can be managed effectively. The proposed change would amend Section 50 of Article XVI of the Texas Constitution, which traditionally protects homestead properties from forced sales, except for specific circumstances.
Contention
However, there could be notable points of contention surrounding the bill. Critics may assert that such an amendment could infringe upon individual property rights and result in unjust sales of homes belonging to families or single adults. The concerns stem from fears that the criteria for determining a 'dangerous structure' could be misapplied or weaponized against vulnerable homeowners, potentially leading to increased displacement and upheaval instead of addressing the underlying issues of property neglect.
Notable_points
Another critical point of discussion could revolve around the specificity of liabilities and the nature of costs incurred by municipalities. Without clear parameters, there may be debates on what constitutes a recoverable cost and the implications for families and individuals who may struggle with the financial burden imposed by municipal actions. Additionally, the amendment's requirement for voter approval at the ballot box will also be an essential aspect to consider, as it places the decision-making power directly in the hands of Texas citizens.
Enabled by
Relating to authorizing a municipality to file a lien on homestead property for the costs incurred by the municipality related to a dangerous structure on the property.
Proposing a constitutional amendment authorizing the legislature to provide that the appraised value of a residence homestead for ad valorem tax purposes is the market value of the property for the first year that the owner qualified the property for a homestead exemption or, if the owner purchased the property, the purchase price of the property.
Proposing a constitutional amendment to authorize the legislature to establish a limit on the maximum appraised value of real property other than a residence homestead for ad valorem tax purposes.
Proposing a constitutional amendment to authorize the legislature to establish a limit on the maximum appraised value of real property other than a residence homestead for ad valorem tax purposes.
Proposing a constitutional amendment to exempt from ad valorem taxation 50 percent of the appraised value of the residence homestead of a person who has received a residence homestead exemption on the property for at least the preceding 10 years.
Proposing a constitutional amendment authorizing the legislature to limit the total amount of ad valorem taxes that a school district may impose on the residence homestead of an individual and the surviving spouse of the individual if the individual qualifies the property as the individual's residence homestead for 15 consecutive tax years and the school taxes on the property increase by at least 120 percent during that period.
Proposing a constitutional amendment authorizing the legislature to provide that the appraised value of a residence homestead for ad valorem tax purposes for the first tax year that the owner of the property qualifies the property for a residence homestead exemption is the market value of the property and that, if the owner purchased the property, the purchase price of the property is considered to be the market value of the property for that tax year and to limit increases in the appraised value of the homestead for subsequent tax years based on the inflation rate.
Proposing a constitutional amendment authorizing the legislature to provide for exceptions to the requirement that a home equity loan be closed only at the office of the lender, an attorney at law, or a title company.
Relating to the authority of a municipality, county, or property owners' association to prohibit or regulate certain activities on residence homestead property.
Relating to the authority of a municipality, county, or property owners' association to prohibit or regulate certain activities on residence homestead property.