Texas 2023 - 88th Regular

Texas House Bill HJR71 Compare Versions

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1	1	88R1146 TJB-D
2	2	By: Davis H.J.R. No. 71
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment to authorize the legislature
7	7	to provide for limitations on the appraised value of certain real
8	8	property in specified areas for ad valorem tax purposes.
9	9	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article VIII, Texas Constitution, is amended by
11	11	adding Sections 1-a-1 and 1-a-2 to read as follows:
12	12	Sec. 1-a-1. (a) Notwithstanding Sections 1(a) and (b) of
13	13	this article and Section 56, Article III, of this constitution, the
14	14	legislature by local law may authorize the governing body of one or
15	15	more political subdivisions to adopt a temporary limitation on the
16	16	appraised value for taxation by the political subdivision of one or
17	17	more types of real property located in certain areas specified by
18	18	law. Property subject to the limitation shall be taxed at the
19	19	lesser of the appraised value of the property as otherwise
20	20	determined by law or the appraised value of the property for the tax
21	21	year preceding the tax year in which the limitation first applies.
22	22	(b) A law enacted under this section:
23	23	(1) must specify one or more areas to which the
24	24	appraisal limitation authorized by this section applies;
25	25	(2) must prescribe the period for which the limitation
26	26	applies, which may not be longer than 15 consecutive tax years;
27	27	(3) must prescribe the types of real property to which
28	28	the limitation applies;
29	29	(4) may prescribe additional eligibility requirements
30	30	for the limitation; and
31	31	(5) may prescribe procedures for the administration of
32	32	the limitation.
33	33	(c) Section 57, Article III, Texas Constitution, does not
34	34	apply to a local law authorized by this section.
35	35	(d) This section expires January 1, 2040.
36	36	Sec. 1-a-2. (a) Notwithstanding Sections 1(a) and (b) of
37	37	this article and Section 56, Article III, of this constitution, the
38	38	legislature by local law may limit the maximum appraised value of a
39	39	rapidly appreciating residence homestead located in certain areas
40	40	specified by law for ad valorem tax purposes in a tax year to the
41	41	lesser of the most recent market value of the property as determined
42	42	by the appraisal entity or to the appraised value of the property
43	43	for the 2017 tax year.
44	44	(b) A limitation on appraised values authorized by this
45	45	section:
46	46	(1) takes effect as to a rapidly appreciating
47	47	residence homestead on the effective date of the law imposing the
48	48	limitation; and
49	49	(2) expires on January 1 of the first tax year that
50	50	neither the owner of the property when the limitation took effect
51	51	nor the owner's spouse or surviving spouse qualifies for an
52	52	exemption under Section 1-b of this article.
53	53	(c) A law enacted under this section:
54	54	(1) must specify one or more areas to which the
55	55	appraisal limitation authorized by this section applies;
56	56	(2) must define "rapidly appreciating residence
57	57	homestead"; and
58	58	(3) may prescribe additional eligibility requirements
59	59	for the limitation.
60	60	(d) Section 57, Article III, Texas Constitution, does not
61	61	apply to a local law authorized by this section.
62	62	SECTION 2. 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 to authorize the
66	66	legislature to provide for limitations on the appraised value of
67	67	certain real property in specified areas for ad valorem tax
68	68	purposes."