1 | 1 | | 88R16326 SHH-D |
---|
2 | 2 | | By: Murr H.J.R. No. 176 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | A JOINT RESOLUTION |
---|
6 | 6 | | proposing a constitutional amendment to authorize the legislature |
---|
7 | 7 | | to limit the maximum appraised value for ad valorem tax purposes in |
---|
8 | 8 | | a tax year of land designated for agricultural use or open-space |
---|
9 | 9 | | land devoted to farm, ranch, or wildlife management purposes to a |
---|
10 | 10 | | specified percentage of the appraised value of the land for the |
---|
11 | 11 | | preceding tax year. |
---|
12 | 12 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
13 | 13 | | SECTION 1. Section 1-d, Article VIII, Texas Constitution, |
---|
14 | 14 | | is amended by amending Subsection (a) and adding Subsection (a-1) |
---|
15 | 15 | | to read as follows: |
---|
16 | 16 | | (a) Except as provided by Subsection (a-1) of this Section, |
---|
17 | 17 | | all [All] land owned by natural persons which is designated for |
---|
18 | 18 | | agricultural use in accordance with the provisions of this Section |
---|
19 | 19 | | shall be assessed for all tax purposes on the consideration of only |
---|
20 | 20 | | those factors relative to such agricultural use. "Agricultural |
---|
21 | 21 | | use" means the raising of livestock or growing of crops, fruit, |
---|
22 | 22 | | flowers, and other products of the soil under natural conditions as |
---|
23 | 23 | | a business venture for profit, which business is the primary |
---|
24 | 24 | | occupation and source of income of the owner. |
---|
25 | 25 | | (a-1) The legislature by general law may limit the maximum |
---|
26 | 26 | | appraised value for ad valorem tax purposes in a tax year of land |
---|
27 | 27 | | designated for agricultural use to 110 percent, or a greater |
---|
28 | 28 | | percentage, of the appraised value of the land as determined by the |
---|
29 | 29 | | appraisal entity for the preceding tax year. A limitation on |
---|
30 | 30 | | appraised value authorized by this subsection takes effect as to a |
---|
31 | 31 | | parcel of land on the later of the effective date of the law |
---|
32 | 32 | | imposing the limitation or January 1 of the tax year following the |
---|
33 | 33 | | first tax year the owner of the land qualifies the land for |
---|
34 | 34 | | designation for agricultural use under this Section and expires on |
---|
35 | 35 | | January 1 of the first tax year the owner of the land when the |
---|
36 | 36 | | limitation took effect ceases to qualify the land for the |
---|
37 | 37 | | designation. |
---|
38 | 38 | | SECTION 2. Section 1-d-1, Article VIII, Texas Constitution, |
---|
39 | 39 | | is amended by amending Subsection (a) and adding Subsection (a-1) |
---|
40 | 40 | | to read as follows: |
---|
41 | 41 | | (a) Except as provided by Subsection (a-1) of this section, |
---|
42 | 42 | | to [To] promote the preservation of open-space land, the |
---|
43 | 43 | | legislature shall provide by general law for taxation of open-space |
---|
44 | 44 | | land devoted to farm, ranch, or wildlife management purposes on the |
---|
45 | 45 | | basis of its productive capacity and may provide by general law for |
---|
46 | 46 | | taxation of open-space land devoted to timber production on the |
---|
47 | 47 | | basis of its productive capacity. The legislature by general law |
---|
48 | 48 | | may provide eligibility limitations under this section and may |
---|
49 | 49 | | impose sanctions in furtherance of the taxation policy of this |
---|
50 | 50 | | section. |
---|
51 | 51 | | (a-1) The legislature by general law may limit the maximum |
---|
52 | 52 | | appraised value for ad valorem tax purposes in a tax year of |
---|
53 | 53 | | open-space land devoted to farm, ranch, or wildlife management |
---|
54 | 54 | | purposes to 110 percent, or a greater percentage, of the appraised |
---|
55 | 55 | | value of the land as determined by the appraisal entity for the |
---|
56 | 56 | | preceding tax year. A limitation on appraised value authorized by |
---|
57 | 57 | | this subsection takes effect as to a parcel of land on the later of |
---|
58 | 58 | | the effective date of the law imposing the limitation or January 1 |
---|
59 | 59 | | of the tax year following the first tax year the owner of the land |
---|
60 | 60 | | qualifies the land as open-space land devoted to farm, ranch, or |
---|
61 | 61 | | wildlife management purposes under this section and expires on |
---|
62 | 62 | | January 1 of the first tax year the owner of the land when the |
---|
63 | 63 | | limitation took effect ceases to qualify the land as open-space |
---|
64 | 64 | | land devoted to those purposes. |
---|
65 | 65 | | SECTION 3. This proposed constitutional amendment shall be |
---|
66 | 66 | | submitted to the voters at an election to be held November 7, 2023. |
---|
67 | 67 | | The ballot shall be printed to permit voting for or against the |
---|
68 | 68 | | proposition: "The constitutional amendment to authorize the |
---|
69 | 69 | | legislature to limit the maximum appraised value for ad valorem tax |
---|
70 | 70 | | purposes in a tax year of land designated for agricultural use or |
---|
71 | 71 | | open-space land devoted to farm, ranch, or wildlife management |
---|
72 | 72 | | purposes to 110 percent or more of the appraised value of the land |
---|
73 | 73 | | for the preceding tax year." |
---|