| 1 | 1 | | 85R3276 SMH-D |
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| 2 | 2 | | By: Nichols S.J.R. No. 19 |
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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 authorize the legislature |
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| 7 | 7 | | to limit the maximum appraised value of a residence homestead for ad |
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| 8 | 8 | | valorem tax purposes to 105 percent or less of the appraised value |
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| 9 | 9 | | of the property for the preceding tax year and to permit the voters |
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| 10 | 10 | | of a county to establish a higher limitation not to exceed 110 |
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| 11 | 11 | | percent on the maximum appraised value of a residence homestead in |
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| 12 | 12 | | the county. |
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| 13 | 13 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Section 1, Article VIII, Texas Constitution, is |
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| 15 | 15 | | amended by amending Subsection (i) and adding Subsections (i-1) and |
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| 16 | 16 | | (i-2) to read as follows: |
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| 17 | 17 | | (i) Notwithstanding Subsections (a) and (b) of this |
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| 18 | 18 | | section, the Legislature by general law may limit the maximum |
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| 19 | 19 | | appraised value of a residence homestead for ad valorem tax |
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| 20 | 20 | | purposes in a tax year to the lesser of the most recent market value |
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| 21 | 21 | | of the residence homestead as determined by the appraisal entity or |
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| 22 | 22 | | 105 [110] percent, or a lesser [greater] percentage but not less |
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| 23 | 23 | | than 100 percent, of the appraised value of the residence homestead |
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| 24 | 24 | | for the preceding tax year. A limitation on appraised values |
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| 25 | 25 | | authorized by this subsection: |
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| 26 | 26 | | (1) takes effect as to a residence homestead on the |
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| 27 | 27 | | later of the effective date of the law imposing the limitation or |
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| 28 | 28 | | January 1 of the tax year following the first tax year the owner |
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| 29 | 29 | | qualifies the property for an exemption under Section 1-b of this |
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| 30 | 30 | | article; and |
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| 31 | 31 | | (2) expires on January 1 of the first tax year that |
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| 32 | 32 | | neither the owner of the property when the limitation took effect |
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| 33 | 33 | | nor the owner's spouse or surviving spouse qualifies for an |
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| 34 | 34 | | exemption under Section 1-b of this article. |
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| 35 | 35 | | (i-1) Notwithstanding Subsections (a) and (b) of this |
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| 36 | 36 | | section, if the Legislature establishes a limitation on the maximum |
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| 37 | 37 | | appraised value of a residence homestead as authorized by |
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| 38 | 38 | | Subsection (i) of this section, the commissioners court of a county |
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| 39 | 39 | | may call an election in the county to permit the voters to determine |
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| 40 | 40 | | by majority vote whether to establish for purposes of ad valorem |
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| 41 | 41 | | taxation by each political subdivision in the county a percentage |
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| 42 | 42 | | limitation on the maximum appraised value of a residence homestead |
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| 43 | 43 | | in the county that is greater than the percentage established by the |
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| 44 | 44 | | Legislature under Subsection (i) of this section but not more than |
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| 45 | 45 | | 110 percent. The ballot proposition shall specify the proposed |
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| 46 | 46 | | percentage limitation on maximum appraised value. If approved by |
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| 47 | 47 | | the voters, the limitation applies beginning with the tax year |
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| 48 | 48 | | following the year in which the election is held. A limitation on |
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| 49 | 49 | | maximum appraised value established under this subsection takes |
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| 50 | 50 | | effect as to a residence homestead on the later of January 1 of the |
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| 51 | 51 | | tax year following the year in which the election is held or January |
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| 52 | 52 | | 1 of the tax year following the first tax year the owner qualifies |
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| 53 | 53 | | the property for an exemption under Section 1-b of this article. As |
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| 54 | 54 | | to a residence homestead, the limitation expires on January 1 of the |
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| 55 | 55 | | first tax year that neither the owner of the property when the |
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| 56 | 56 | | limitation took effect nor the owner's spouse or surviving spouse |
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| 57 | 57 | | qualifies for an exemption under Section 1-b of this article. If |
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| 58 | 58 | | the voters of a county establish a limitation on maximum appraised |
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| 59 | 59 | | value under this subsection, the limitation remains in effect until |
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| 60 | 60 | | the tax year following a year in which the limitation is amended or |
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| 61 | 61 | | repealed by the voters of the county at a subsequent election called |
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| 62 | 62 | | by the commissioners court. The Legislature by general law may |
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| 63 | 63 | | limit the frequency with which elections authorized by this |
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| 64 | 64 | | subsection may be called in a county. |
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| 65 | 65 | | (i-2) The Legislature by general law may provide that a |
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| 66 | 66 | | limitation on the maximum appraised value of a residence homestead |
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| 67 | 67 | | established under Subsection (i) or (i-1) of this section does not |
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| 68 | 68 | | apply to a new improvement to the residence homestead. |
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| 69 | 69 | | SECTION 2. This proposed constitutional amendment shall be |
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| 70 | 70 | | submitted to the voters at an election to be held November 7, 2017. |
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| 71 | 71 | | The ballot shall be printed to permit voting for or against the |
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| 72 | 72 | | proposition: "The constitutional amendment to authorize the |
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| 73 | 73 | | legislature to limit the maximum appraised value of a residence |
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| 74 | 74 | | homestead for ad valorem tax purposes to 105 percent or less of the |
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| 75 | 75 | | appraised value of the property for the preceding tax year and to |
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| 76 | 76 | | permit the voters of a county to establish a higher limitation not |
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| 77 | 77 | | to exceed 110 percent on the maximum appraised value of a residence |
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| 78 | 78 | | homestead in the county." |
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