85R3276 SMH-D
By: Nichols S.J.R. No. 19
A JOINT RESOLUTION
proposing a constitutional amendment to authorize the legislature
to limit the maximum appraised value of a residence homestead for ad
valorem tax purposes to 105 percent or less of the appraised value
of the property for the preceding tax year and to permit the voters
of a county to establish a higher limitation not to exceed 110
percent on the maximum appraised value of a residence homestead in
the county.
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 Subsections (i-1) and
(i-2) 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 ad valorem 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 lesser [greater] percentage but not less
than 100 percent, of the appraised value of the residence homestead
for the preceding tax year. 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.
(i-1) Notwithstanding Subsections (a) and (b) of this
section, if the Legislature establishes a limitation on the maximum
appraised value of a residence homestead as authorized by
Subsection (i) of this section, the commissioners court of a county
may call an election in the county to permit the voters to determine
by majority vote whether to establish for purposes of ad valorem
taxation by each political subdivision in the county a percentage
limitation on the maximum appraised value of a residence homestead
in the county that is greater than the percentage established by the
Legislature under Subsection (i) of this section but not more than
110 percent. The ballot proposition shall specify the proposed
percentage limitation on maximum appraised value. If approved by
the voters, the limitation applies beginning with the tax year
following the year in which the election is held. A limitation 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 election is held 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 limitation 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. If
the voters of a county establish a limitation on maximum appraised
value under this subsection, the limitation remains in effect until
the tax year following a year in which the limitation is amended or
repealed by the voters of the county at a subsequent election called
by the commissioners court. The Legislature by general law may
limit the frequency with which elections authorized by this
subsection may be called in a county.
(i-2) The Legislature by general law may provide that a
limitation on the maximum appraised value of a residence homestead
established under Subsection (i) or (i-1) of this section does not
apply to a new improvement to the residence homestead.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 7, 2017.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment to authorize the
legislature to limit the maximum appraised value of a residence
homestead for ad valorem tax purposes to 105 percent or less of the
appraised value of the property for the preceding tax year and to
permit the voters of a county to establish a higher limitation not
to exceed 110 percent on the maximum appraised value of a residence
homestead in the county."