Texas 2017 - 85th 1st C.S.

Texas House Bill HB359 Compare Versions

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11 85S10065 TJB-D
22 By: Villalba H.B. No. 359
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the limitation on increases in the appraised value of a
88 residence homestead for ad valorem tax purposes.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 23.23, Tax Code, is amended by amending
1111 Subsections (a) and (b) and adding Subsection (a-1) to read as
1212 follows:
1313 (a) Notwithstanding the requirements of Section 25.18 and
1414 regardless of whether the appraisal office has appraised the
1515 property and determined the market value of the property for the tax
1616 year, an appraisal office may increase the appraised value of a
1717 residence homestead for a tax year to an amount not to exceed the
1818 least [lesser] of:
1919 (1) the market value of the property for the most
2020 recent tax year that the market value was determined by the
2121 appraisal office; [or]
2222 (2) the sum of:
2323 (A) 10 percent of the appraised value of the
2424 property for the preceding tax year;
2525 (B) the appraised value of the property for the
2626 preceding tax year; and
2727 (C) the market value of all new improvements to
2828 the property; or
2929 (3) the sum of:
3030 (A) 25 percent of the lowest appraised value of
3131 the property for any of the 10 tax years preceding the current tax
3232 year in which the limitation provided by this subsection was in
3333 effect;
3434 (B) the appraised value of the property for the
3535 tax year used to make the computation under Paragraph (A); and
3636 (C) the sum of the market value of all new
3737 improvements to the property made after January 1 of the tax year
3838 used to make the computation under Paragraph (A), based on the
3939 market value of each new improvement in the tax year in which the
4040 value of the improvement was included in the appraised value of the
4141 property.
4242 (a-1) This subsection applies only to the 2018, 2019, 2020,
4343 2021, 2022, 2023, 2024, 2025, 2026, and 2027 tax years.
4444 Notwithstanding Subsection (a)(3), an appraisal office shall
4545 compute the limitation on increases in the appraised value of a
4646 residence homestead for a tax year under that subdivision based on
4747 the lowest appraised value of the property for any of the tax years
4848 beginning with the 2017 tax year in which the limitation provided by
4949 Subsection (a) was in effect. This subsection expires December 31,
5050 2027.
5151 (b) When appraising a residence homestead, the chief
5252 appraiser shall:
5353 (1) appraise the property at its market value; and
5454 (2) include in the appraisal records [both] the market
5555 value of the property, [and] the amount computed under Subsection
5656 (a)(2), and the amount computed under Subsection (a)(3).
5757 SECTION 2. This Act applies only to the appraisal for ad
5858 valorem tax purposes of residence homesteads for a tax year that
5959 begins on or after the effective date of this Act.
6060 SECTION 3. This Act takes effect January 1, 2018, but only
6161 if the constitutional amendment proposed by the 85th Legislature,
6262 1st Called Session, 2017, to authorize the legislature to establish
6363 an additional limitation on the maximum appraised value of a
6464 residence homestead for ad valorem tax purposes of 125 percent or a
6565 greater percentage of the lowest appraised value of the residence
6666 homestead for any of the preceding 10 tax years is approved by the
6767 voters. If that amendment is not approved by the voters, this Act
6868 has no effect.