Texas 2025 - 89th Regular

Texas House Bill HJR145 Latest Draft

Bill / Introduced Version Filed 02/20/2025

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                            89R640 RDS-D
 By: Metcalf H.J.R. No. 145




 A JOINT RESOLUTION
 proposing a constitutional amendment exempting tangible personal
 property from ad valorem taxation.
 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 1, Article VIII, Texas Constitution, is
 amended by amending Subsection (b) and adding Subsection (b-1) to
 read as follows:
 (b)  All real property [and tangible personal property] in
 this State, unless exempt as required or permitted by this
 Constitution, whether owned by natural persons or corporations,
 other than municipal, shall be taxed in proportion to its value,
 which shall be ascertained as may be provided by law. All tangible
 personal property in this State is exempt from ad valorem taxation,
 except as provided by Subsection (b-1) of this section.
 (b-1)  If before January 1, 2026, an ad valorem tax on
 tangible personal property is pledged for the payment of a debt, the
 appropriate tax authorities may continue to levy and collect the
 tax against that tangible personal property at the same rate as the
 pledged tax until the debt is discharged, if cessation of the levy
 and collection of the tax would impair the obligation of the
 contract by which the debt was created. This subsection applies to
 tangible personal property that was taxable under the law in effect
 on January 1, 2025, but that became exempt under Subsection (b) of
 this section on January 1, 2026, as a result of the amendment of
 this section adopted by the voters in 2025 to exempt all tangible
 personal property from ad valorem taxation.
 SECTION 2.  Section 8, Article VIII, Texas Constitution, is
 amended to read as follows:
 Sec. 8.  All real property of railroad companies shall be
 assessed, and the taxes collected in the several counties in which
 said real property is situated, including so much of the roadbed and
 fixtures as shall be in each county. [The rolling stock may be
 assessed in gross in the county where the principal office of the
 company is located, and the county tax paid upon it shall be
 apportioned as provided by general law in proportion to the
 distance such road may run through any such county, among the
 several counties through which the road passes, as a part of their
 tax assets.]
 SECTION 3.  The following provisions of Article VIII, Texas
 Constitution, are repealed:
 (1)  Sections 1(d), (e), and (g);
 (2)  Section 1-i;
 (3)  Section 1-j;
 (4)  Section 1-n, as proposed by S.J.R. 47, 77th
 Legislature, Regular Session, 2001;
 (5)  Section 1-n, as proposed by S.J.R. 6, 77th
 Legislature, Regular Session, 2001;
 (6)  Section 1-p;
 (7)  Section 1-x;
 (8)  Section 19; and
 (9)  Section 19a.
 SECTION 4.  The following temporary provision is added to
 the Texas Constitution:
 TEMPORARY PROVISION. The constitutional amendment proposed
 by the 89th Legislature, Regular Session, 2025, exempting tangible
 personal property from ad valorem taxation takes effect January 1,
 2026, and applies only to taxes imposed on or after that date. This
 temporary provision expires January 1, 2027.
 SECTION 5.  This proposed constitutional amendment shall be
 submitted to the voters at an election to be held November 4, 2025.
 The ballot shall be printed to permit voting for or against the
 proposition: "The constitutional amendment exempting all tangible
 personal property in this state from ad valorem taxation."