Texas 2019 - 86th Regular

Texas House Bill HJR102 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R14930 SMH-D
2	2	By: Toth H.J.R. No. 102
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment authorizing the legislature
7	7	to provide for the appraisal of certain real property for ad valorem
8	8	tax purposes based on its purchase price, exempting all tangible
9	9	personal property in this state from ad valorem taxation, and
10	10	authorizing the legislature to permit legislators to appoint
11	11	members of the board of equalization for an appraisal entity.
12	12	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 1, Article VIII, Texas Constitution, is
14	14	amended by amending Subsection (b) and adding Subsections (k) and
15	15	(l) to read as follows:
16	16	(b) All real property [and tangible personal property] in
17	17	this State, unless exempt as required or permitted by this
18	18	Constitution, whether owned by natural persons or corporations,
19	19	other than municipal, shall be taxed in proportion to its value,
20	20	which shall be ascertained as may be provided by law. All tangible
21	21	personal property in this State is exempt from ad valorem taxation,
22	22	except as provided by Subsection (l) of this section.
23	23	(k) Notwithstanding Subsections (a), (b), and (i) of this
24	24	section, for each tax year following the year in which the property
25	25	was purchased until the end of the tax year in which the ownership
26	26	of the property changes, the legislature by general law may limit
27	27	the maximum appraised value of residential property consisting of
28	28	not more than four individual dwelling units, including a
29	29	single-family home, or of a tract of unimproved land for ad valorem
30	30	tax purposes to the lesser of the market value of the property as
31	31	determined by the appraisal entity or the sum of the amount the
32	32	owner of the property paid for the property and the initial market
33	33	value of each new improvement to the property. The applicability of
34	34	a general law enacted under this subsection must be limited to a
35	35	bona fide purchaser for value of a property who, in the manner
36	36	provided by law, applies for the limitation on appraised value
37	37	under this subsection not later than a date prescribed by general
38	38	law in the tax year following the year in which the person purchased
39	39	the property. The legislature may prescribe or delegate to an
40	40	appropriate public official or entity the authority to prescribe
41	41	standards and procedures to administer a law enacted under this
42	42	subsection, including criteria to be used to determine whether a
43	43	person was a bona fide purchaser for value.
44	44	(l) If before January 1, 2022, an ad valorem tax on tangible
45	45	personal property is pledged for the payment of a debt, the
46	46	appropriate tax authorities may continue to levy and collect the
47	47	tax against that tangible personal property at the same rate as the
48	48	pledged tax until the debt is discharged, if cessation of the levy
49	49	and collection of the tax would impair the obligation of the
50	50	contract by which the debt was created. This subsection applies to
51	51	tangible personal property that was taxable under the law in effect
52	52	on January 1, 2021, but that became exempt under Subsection (b) of
53	53	this section on January 1, 2022, as a result of the amendment of
54	54	this section adopted by the voters in 2019 to exempt all tangible
55	55	personal property from ad valorem taxation.
56	56	SECTION 2. Section 8, Article VIII, Texas Constitution, is
57	57	amended to read as follows:
58	58	Sec. 8. All real property of railroad companies shall be
59	59	assessed, and the taxes collected in the several counties in which
60	60	said real property is situated, including so much of the roadbed and
61	61	fixtures as shall be in each county. [The rolling stock may be
62	62	assessed in gross in the county where the principal office of the
63	63	company is located, and the county tax paid upon it shall be
64	64	apportioned as provided by general law in proportion to the
65	65	distance such road may run through any such county, among the
66	66	several counties through which the road passes, as a part of their
67	67	tax assets.]
68	68	SECTION 3. Section 18(c), Article VIII, Texas Constitution,
69	69	is amended to read as follows:
70	70	(c) The Legislature, by general law, shall provide for a
71	71	single board of equalization for each appraisal entity consisting
72	72	of qualified persons residing within the territory appraised by
73	73	that entity. The Legislature, by general law, may authorize a
74	74	single board of equalization for two or more adjoining appraisal
75	75	entities that elect to provide for consolidated equalizations.
76	76	Members of a board of equalization may not be elected officials of a
77	77	county or of the governing body of a taxing unit. Notwithstanding
78	78	Section 1, Article II, of this constitution, the Legislature, by
79	79	general law, may provide for the appointment of members of the board
80	80	of equalization for an appraisal entity by the state senators and
81	81	state representatives whose districts contain any part of the
82	82	territory appraised by that entity.
83	83	SECTION 4. The following temporary provision is added to
84	84	the Texas Constitution:
85	85	TEMPORARY PROVISION. The constitutional amendment
86	86	authorizing the legislature to provide for the appraisal of certain
87	87	real property for ad valorem tax purposes based on its purchase
88	88	price, exempting all tangible personal property in this state from
89	89	ad valorem taxation, and authorizing the legislature to permit
90	90	legislators to appoint members of the board of equalization for an
91	91	appraisal entity takes effect January 1, 2022, and applies only to
92	92	taxes imposed on or after that date. This temporary provision
93	93	expires January 1, 2023.
94	94	SECTION 5. The following provisions of Article VIII, Texas
95	95	Constitution, are repealed:
96	96	(1) Sections 1(d), (e), and (g);
97	97	(2) Section 1-i;
98	98	(3) Section 1-j;
99	99	(4) Section 1-n, as proposed by S.J.R. 47, 77th
100	100	Legislature, Regular Session, 2001;
101	101	(5) Section 1-n, as proposed by S.J.R. 6, 77th
102	102	Legislature, Regular Session, 2001;
103	103	(6) Section 19; and
104	104	(7) Section 19a.
105	105	SECTION 6. This proposed constitutional amendment shall be
106	106	submitted to the voters at an election to be held November 5, 2019.
107	107	The ballot shall be printed to permit voting for or against the
108	108	proposition: "The constitutional amendment authorizing the
109	109	legislature to provide for the appraisal of certain residential or
110	110	unimproved real property for ad valorem tax purposes based on its
111	111	purchase price, exempting all tangible personal property in this
112	112	state from ad valorem taxation, and authorizing the legislature to
113	113	permit legislators to appoint members of the board of equalization
114	114	for an appraisal entity."