Texas 2023 - 88th Regular

Texas House Bill HJR129 Compare Versions

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1	1	88R6591 RDS-D
2	2	By: Metcalf H.J.R. No. 129
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment exempting tangible personal
7	7	property from ad valorem taxation.
8	8	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 1, Article VIII, Texas Constitution, is
10	10	amended by amending Subsection (b) and adding Subsection (b-1) to
11	11	read as follows:
12	12	(b) All real property [and tangible personal property] in
13	13	this State, unless exempt as required or permitted by this
14	14	Constitution, whether owned by natural persons or corporations,
15	15	other than municipal, shall be taxed in proportion to its value,
16	16	which shall be ascertained as may be provided by law. All tangible
17	17	personal property in this State is exempt from ad valorem taxation,
18	18	except as provided by Subsection (b-1) of this section.
19	19	(b-1) If before January 1, 2024, an ad valorem tax on
20	20	tangible personal property is pledged for the payment of a debt, the
21	21	appropriate tax authorities may continue to levy and collect the
22	22	tax against that tangible personal property at the same rate as the
23	23	pledged tax until the debt is discharged, if cessation of the levy
24	24	and collection of the tax would impair the obligation of the
25	25	contract by which the debt was created. This subsection applies to
26	26	tangible personal property that was taxable under the law in effect
27	27	on January 1, 2023, but that became exempt under Subsection (b) of
28	28	this section on January 1, 2024, as a result of the amendment of
29	29	this section adopted by the voters in 2023 to exempt all tangible
30	30	personal property from ad valorem taxation.
31	31	SECTION 2. Section 8, Article VIII, Texas Constitution, is
32	32	amended to read as follows:
33	33	Sec. 8. All real property of railroad companies shall be
34	34	assessed, and the taxes collected in the several counties in which
35	35	said real property is situated, including so much of the roadbed and
36	36	fixtures as shall be in each county. [The rolling stock may be
37	37	assessed in gross in the county where the principal office of the
38	38	company is located, and the county tax paid upon it shall be
39	39	apportioned as provided by general law in proportion to the
40	40	distance such road may run through any such county, among the
41	41	several counties through which the road passes, as a part of their
42	42	tax assets.]
43	43	SECTION 3. The following provisions of Article VIII, Texas
44	44	Constitution, are repealed:
45	45	(1) Sections 1(d), (e), and (g);
46	46	(2) Section 1-i;
47	47	(3) Section 1-j;
48	48	(4) Section 1-n, as proposed by S.J.R. 47, 77th
49	49	Legislature, Regular Session, 2001;
50	50	(5) Section 1-n, as proposed by S.J.R. 6, 77th
51	51	Legislature, Regular Session, 2001;
52	52	(6) Section 1-p;
53	53	(7) Section 19; and
54	54	(8) Section 19a.
55	55	SECTION 4. The following temporary provision is added to
56	56	the Texas Constitution:
57	57	TEMPORARY PROVISION. The constitutional amendment proposed
58	58	by the 88th Legislature, Regular Session, 2023, exempting tangible
59	59	personal property from ad valorem taxation takes effect January 1,
60	60	2024, and applies only to taxes imposed on or after that date. This
61	61	temporary provision expires January 1, 2025.
62	62	SECTION 5. This proposed constitutional amendment shall be
63	63	submitted to the voters at an election to be held November 7, 2023.
64	64	The ballot shall be printed to permit voting for or against the
65	65	proposition: "The constitutional amendment exempting all tangible
66	66	personal property in this state from ad valorem taxation."