1 | 1 | | 85S10065 TJB-D |
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2 | 2 | | By: Villalba H.B. No. 359 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the limitation on increases in the appraised value of a |
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8 | 8 | | residence homestead for ad valorem tax purposes. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 23.23, Tax Code, is amended by amending |
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11 | 11 | | Subsections (a) and (b) and adding Subsection (a-1) to read as |
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12 | 12 | | follows: |
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13 | 13 | | (a) Notwithstanding the requirements of Section 25.18 and |
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14 | 14 | | regardless of whether the appraisal office has appraised the |
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15 | 15 | | property and determined the market value of the property for the tax |
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16 | 16 | | year, an appraisal office may increase the appraised value of a |
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17 | 17 | | residence homestead for a tax year to an amount not to exceed the |
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18 | 18 | | least [lesser] of: |
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19 | 19 | | (1) the market value of the property for the most |
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20 | 20 | | recent tax year that the market value was determined by the |
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21 | 21 | | appraisal office; [or] |
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22 | 22 | | (2) the sum of: |
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23 | 23 | | (A) 10 percent of the appraised value of the |
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24 | 24 | | property for the preceding tax year; |
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25 | 25 | | (B) the appraised value of the property for the |
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26 | 26 | | preceding tax year; and |
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27 | 27 | | (C) the market value of all new improvements to |
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28 | 28 | | the property; or |
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29 | 29 | | (3) the sum of: |
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30 | 30 | | (A) 25 percent of the lowest appraised value of |
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31 | 31 | | the property for any of the 10 tax years preceding the current tax |
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32 | 32 | | year in which the limitation provided by this subsection was in |
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33 | 33 | | effect; |
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34 | 34 | | (B) the appraised value of the property for the |
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35 | 35 | | tax year used to make the computation under Paragraph (A); and |
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36 | 36 | | (C) the sum of the market value of all new |
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37 | 37 | | improvements to the property made after January 1 of the tax year |
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38 | 38 | | used to make the computation under Paragraph (A), based on the |
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39 | 39 | | market value of each new improvement in the tax year in which the |
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40 | 40 | | value of the improvement was included in the appraised value of the |
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41 | 41 | | property. |
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42 | 42 | | (a-1) This subsection applies only to the 2018, 2019, 2020, |
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43 | 43 | | 2021, 2022, 2023, 2024, 2025, 2026, and 2027 tax years. |
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44 | 44 | | Notwithstanding Subsection (a)(3), an appraisal office shall |
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45 | 45 | | compute the limitation on increases in the appraised value of a |
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46 | 46 | | residence homestead for a tax year under that subdivision based on |
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47 | 47 | | the lowest appraised value of the property for any of the tax years |
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48 | 48 | | beginning with the 2017 tax year in which the limitation provided by |
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49 | 49 | | Subsection (a) was in effect. This subsection expires December 31, |
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50 | 50 | | 2027. |
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51 | 51 | | (b) When appraising a residence homestead, the chief |
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52 | 52 | | appraiser shall: |
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53 | 53 | | (1) appraise the property at its market value; and |
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54 | 54 | | (2) include in the appraisal records [both] the market |
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55 | 55 | | value of the property, [and] the amount computed under Subsection |
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56 | 56 | | (a)(2), and the amount computed under Subsection (a)(3). |
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57 | 57 | | SECTION 2. This Act applies only to the appraisal for ad |
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58 | 58 | | valorem tax purposes of residence homesteads for a tax year that |
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59 | 59 | | begins on or after the effective date of this Act. |
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60 | 60 | | SECTION 3. This Act takes effect January 1, 2018, but only |
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61 | 61 | | if the constitutional amendment proposed by the 85th Legislature, |
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62 | 62 | | 1st Called Session, 2017, to authorize the legislature to establish |
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63 | 63 | | an additional limitation on the maximum appraised value of a |
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64 | 64 | | residence homestead for ad valorem tax purposes of 125 percent or a |
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65 | 65 | | greater percentage of the lowest appraised value of the residence |
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66 | 66 | | homestead for any of the preceding 10 tax years is approved by the |
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67 | 67 | | voters. If that amendment is not approved by the voters, this Act |
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68 | 68 | | has no effect. |
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