Texas 2023 - 88th Regular

Texas House Bill HJR87 Compare Versions

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1	1	88R6767 RDS-D
2	2	By: Allison H.J.R. No. 87
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment authorizing the legislature
7	7	to limit the maximum appraised value of residential real property
8	8	for ad valorem tax purposes to 105 percent or more of the appraised
9	9	value of the property for the preceding tax year, to exempt from ad
10	10	valorem taxation the total appraised value of property purchased by
11	11	an individual for the first tax year the individual qualifies the
12	12	property as the individual's residence homestead if the property is
13	13	the individual's first residence homestead and has an appraised
14	14	value of less than $300,000, and to limit the total amount of ad
15	15	valorem taxes that a political subdivision may impose on the
16	16	residence homestead of an individual and the surviving spouse of
17	17	the individual if the individual qualifies the property as the
18	18	individual's residence homestead for at least 25 consecutive tax
19	19	years.
20	20	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
21	21	SECTION 1. Section 1(i), Article VIII, Texas Constitution,
22	22	is amended to read as follows:
23	23	(i) Notwithstanding Subsections (a) and (b) of this
24	24	section, the Legislature by general law may limit the maximum
25	25	appraised value of residential real property, as defined by the
26	26	Legislature, [a residence homestead] for ad valorem tax purposes in
27	27	a tax year to the lesser of the most recent market value of the
28	28	property [residence homestead] as determined by the appraisal
29	29	entity or 105 [110] percent, or a greater percentage, of the
30	30	appraised value of the property [residence homestead] for the
31	31	preceding tax year. A limitation on appraised values authorized by
32	32	this subsection:
33	33	(1) takes effect in the tax year following the first
34	34	tax year in which the owner owns the property on January 1 [as to a
35	35	residence homestead on the later of the effective date of the law
36	36	imposing the limitation or January 1 of the tax year following the
37	37	first tax year the owner qualifies the property for an exemption
38	38	under Section 1-b of this article]; and
39	39	(2) expires on January 1 of the [first] tax year
40	40	following the tax year in which [that neither] the owner of the
41	41	property when the limitation took effect ceases to own the
42	42	property, except that the Legislature by general law may provide
43	43	for the limitation applicable to a residence homestead to continue
44	44	during ownership of the property by [nor] the owner's spouse or
45	45	surviving spouse [qualifies for an exemption under Section 1-b of
46	46	this article].
47	47	SECTION 2. Section 1-b, Article VIII, Texas Constitution,
48	48	is amended by adding Subsection (w) to read as follows:
49	49	(w) The legislature by general law may provide that an
50	50	individual who purchases property and qualifies the property as the
51	51	individual's residence homestead is entitled to an exemption from
52	52	ad valorem taxation of the total appraised value of the property for
53	53	the first tax year the individual qualifies the property as the
54	54	individual's residence homestead if the property is the first
55	55	property the individual has ever qualified as the individual's
56	56	residence homestead and has an appraised value of less than
57	57	$300,000 for that first tax year. Where ad valorem tax of a
58	58	political subdivision has previously been pledged for the payment
59	59	of debt, the taxing officers of the political subdivision may
60	60	continue to levy and collect the tax against the value of residence
61	61	homesteads exempted under this subsection until the debt is
62	62	discharged if the cessation of the levy would impair the obligation
63	63	of the contract by which the debt was created. The legislature
64	64	shall provide for formulas to protect school districts against all
65	65	or part of the revenue loss incurred by the implementation of this
66	66	subsection. The legislature by general law may prescribe
67	67	procedures for the administration of this subsection.
68	68	SECTION 3. Article VIII, Texas Constitution, is amended by
69	69	adding Section 1-b-1 to read as follows:
70	70	Sec. 1-b-1. (a) The legislature by general law may limit
71	71	the total amount of ad valorem taxes imposed by a political
72	72	subdivision on the residence homestead of an individual who
73	73	qualifies the property as the individual's residence homestead for
74	74	at least 25 consecutive tax years. A law enacted under this section
75	75	may provide that the taxes imposed by the political subdivision on
76	76	the residence homestead after that 25th tax year may not exceed the
77	77	amount of taxes imposed by the political subdivision on the
78	78	property in that 25th tax year.
79	79	(b) A law enacted under this section may provide that if the
80	80	first tax year an individual qualified property as the individual's
81	81	residence homestead was a tax year before the 24th tax year before
82	82	the tax year in which the law took effect, the individual is
83	83	considered to have qualified the property as the individual's
84	84	residence homestead for the first time in the 24th tax year before
85	85	the tax year in which the law took effect.
86	86	(c) A law enacted under this section may provide that the
87	87	total amount of ad valorem taxes imposed by a political subdivision
88	88	on a residence homestead may not be increased while the property
89	89	remains the residence homestead of the surviving spouse of an
90	90	individual who dies in a tax year in which the taxes on the property
91	91	are subject to the limitation authorized by Subsection (a) of this
92	92	section.
93	93	(d) Notwithstanding Subsection (a) or (c) of this section, a
94	94	law enacted under this section may provide that taxes on a residence
95	95	homestead subject to the limitation authorized by this section may
96	96	be increased to the extent the value of the residence homestead is
97	97	increased by an improvement made to the property, other than:
98	98	(1) a repair; or
99	99	(2) an improvement made to comply with a governmental
100	100	requirement.
101	101	(e) A law enacted under this section may prescribe:
102	102	(1) additional eligibility requirements for the tax
103	103	limitation authorized by this section; and
104	104	(2) procedures for the administration of the
105	105	limitation.
106	106	SECTION 4. This proposed constitutional amendment shall be
107	107	submitted to the voters at an election to be held November 7, 2023.
108	108	The ballot shall be printed to permit voting for or against the
109	109	proposition: "The constitutional amendment authorizing the
110	110	legislature to limit the maximum appraised value of residential
111	111	real property for ad valorem tax purposes to 105 percent or more of
112	112	the appraised value of the property for the preceding tax year, to
113	113	exempt from ad valorem taxation the total appraised value of
114	114	property purchased by an individual for the first tax year the
115	115	individual qualifies the property as the individual's residence
116	116	homestead if the property is the individual's first residence
117	117	homestead and has an appraised value of less than $300,000, and to
118	118	limit the total amount of ad valorem taxes that a political
119	119	subdivision may impose on the residence homestead of an individual
120	120	and the surviving spouse of the individual if the individual
121	121	qualifies the property as the individual's residence homestead for
122	122	at least 25 consecutive tax years."