88R1146 TJB-D
By: Davis H.J.R. No. 71
A JOINT RESOLUTION
proposing a constitutional amendment to authorize the legislature
to provide for limitations on the appraised value of certain real
property in specified areas for ad valorem tax purposes.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article VIII, Texas Constitution, is amended by
adding Sections 1-a-1 and 1-a-2 to read as follows:
Sec. 1-a-1. (a) Notwithstanding Sections 1(a) and (b) of
this article and Section 56, Article III, of this constitution, the
legislature by local law may authorize the governing body of one or
more political subdivisions to adopt a temporary limitation on the
appraised value for taxation by the political subdivision of one or
more types of real property located in certain areas specified by
law. Property subject to the limitation shall be taxed at the
lesser of the appraised value of the property as otherwise
determined by law or the appraised value of the property for the tax
year preceding the tax year in which the limitation first applies.
(b) A law enacted under this section:
(1) must specify one or more areas to which the
appraisal limitation authorized by this section applies;
(2) must prescribe the period for which the limitation
applies, which may not be longer than 15 consecutive tax years;
(3) must prescribe the types of real property to which
the limitation applies;
(4) may prescribe additional eligibility requirements
for the limitation; and
(5) may prescribe procedures for the administration of
the limitation.
(c) Section 57, Article III, Texas Constitution, does not
apply to a local law authorized by this section.
(d) This section expires January 1, 2040.
Sec. 1-a-2. (a) Notwithstanding Sections 1(a) and (b) of
this article and Section 56, Article III, of this constitution, the
legislature by local law may limit the maximum appraised value of a
rapidly appreciating residence homestead located in certain areas
specified by law for ad valorem tax purposes in a tax year to the
lesser of the most recent market value of the property as determined
by the appraisal entity or to the appraised value of the property
for the 2017 tax year.
(b) A limitation on appraised values authorized by this
section:
(1) takes effect as to a rapidly appreciating
residence homestead on the effective date of the law imposing the
limitation; and
(2) expires on January 1 of the first tax year that
neither the owner of the property when the limitation took effect
nor the owner's spouse or surviving spouse qualifies for an
exemption under Section 1-b of this article.
(c) A law enacted under this section:
(1) must specify one or more areas to which the
appraisal limitation authorized by this section applies;
(2) must define "rapidly appreciating residence
homestead"; and
(3) may prescribe additional eligibility requirements
for the limitation.
(d) Section 57, Article III, Texas Constitution, does not
apply to a local law authorized by this section.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 7, 2023.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment to authorize the
legislature to provide for limitations on the appraised value of
certain real property in specified areas for ad valorem tax
purposes."