1 | 1 | | 89R14249 LHC-D |
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2 | 2 | | By: Vasut H.J.R. No. 178 |
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7 | 7 | | A JOINT RESOLUTION |
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8 | 8 | | proposing a constitutional amendment authorizing the legislature |
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9 | 9 | | to provide that the appraised value of a parcel of single-family |
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10 | 10 | | residential real property for ad valorem tax purposes for the first |
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11 | 11 | | tax year in which the owner owns the property on January 1 is the |
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12 | 12 | | market value of the property and that, if the owner purchased the |
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13 | 13 | | property, the purchase price of the property is considered to be the |
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14 | 14 | | market value of the property for that tax year and to limit |
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15 | 15 | | increases in the appraised value of the property for subsequent tax |
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16 | 16 | | years based on the inflation and population growth rates. |
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17 | 17 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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18 | 18 | | SECTION 1. Section 1, Article VIII, Texas Constitution, is |
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19 | 19 | | amended by amending Subsections (i) and (n) and adding Subsections |
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20 | 20 | | (i-1), (i-2), (i-3), (i-4), and (i-5) to read as follows: |
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21 | 21 | | (i) The Legislature by general law may provide that the |
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22 | 22 | | appraised value of a parcel of single-family residential real |
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23 | 23 | | property for ad valorem tax purposes for the first tax year in which |
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24 | 24 | | the owner owns the property on January 1 is the market value of the |
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25 | 25 | | property and that, if the owner acquired the property as a bona fide |
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26 | 26 | | purchaser for value, the purchase price of the property paid by the |
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27 | 27 | | owner is considered to be the market value of the property for that |
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28 | 28 | | tax year. Notwithstanding Subsections (a) and (b) of this section, |
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29 | 29 | | a general law enacted under this subsection may provide that the |
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30 | 30 | | appraised value of the property for each subsequent tax year until |
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31 | 31 | | the tax year in which the limitation authorized by the general law |
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32 | 32 | | expires is equal to the appraised value of the property for ad |
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33 | 33 | | valorem tax purposes for the preceding tax year as increased by the |
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34 | 34 | | appraisal entity for the current tax year to reflect the sum of the |
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35 | 35 | | inflation rate and the population growth rate of this state |
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36 | 36 | | [Notwithstanding Subsections (a) and (b) of this section, the |
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37 | 37 | | Legislature by general law may limit the maximum appraised value of |
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38 | 38 | | a residence homestead for ad valorem tax purposes in a tax year to |
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39 | 39 | | the lesser of the most recent market value of the residence |
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40 | 40 | | homestead as determined by the appraisal entity or 110 percent, or a |
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41 | 41 | | greater percentage, of the appraised value of the residence |
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42 | 42 | | homestead for the preceding tax year]. A limitation on appraised |
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43 | 43 | | values authorized by this subsection: |
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44 | 44 | | (1) takes effect on January 1 of the first tax year in |
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45 | 45 | | which the owner owns the property on January 1 [as to a residence |
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46 | 46 | | homestead on the later of the effective date of the law imposing the |
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47 | 47 | | limitation or January 1 of the tax year following the first tax year |
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48 | 48 | | the owner qualifies the property for an exemption under Section 1-b |
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49 | 49 | | of this article]; and |
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50 | 50 | | (2) expires on January 1 of the [first] tax year |
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51 | 51 | | following the tax year in which [that neither] the owner of the |
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52 | 52 | | property when the limitation took effect ceases to own the |
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53 | 53 | | property, except that: |
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54 | 54 | | (A) the Legislature by general law may provide |
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55 | 55 | | for the limitation applicable to a residence homestead to continue |
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56 | 56 | | during ownership of the property by [nor] the owner's spouse or |
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57 | 57 | | surviving spouse; and |
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58 | 58 | | (B) a limitation established under this |
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59 | 59 | | subsection does not expire if a change in ownership of the property |
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60 | 60 | | occurs by inheritance or under a will as long as the person who |
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61 | 61 | | acquires the property qualifies for an exemption under Section 1-b |
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62 | 62 | | of this article. |
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63 | 63 | | (i-1) A general law enacted under Subsection (i) of this |
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64 | 64 | | section may provide that, for each tax year, the comptroller of |
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65 | 65 | | public accounts shall determine and publicize the percentage by |
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66 | 66 | | which the appraised value of single-family residential real |
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67 | 67 | | property in this state may be increased under Subsection (i) of this |
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68 | 68 | | section. The comptroller shall determine the percentage by which |
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69 | 69 | | the appraised value may be increased by calculating the sum of: |
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70 | 70 | | (1) the inflation rate, expressed as a percentage; and |
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71 | 71 | | (2) the growth rate of the population of this state for |
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72 | 72 | | the preceding year, expressed as a percentage. |
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73 | 73 | | (i-2) Each appraisal entity shall use the percentage |
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74 | 74 | | determined by the comptroller under Subsection (i-1) of this |
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75 | 75 | | section to determine the appraised value under Subsection (i) of |
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76 | 76 | | this section of single-family residential real property appraised |
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77 | 77 | | by that appraisal entity. |
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78 | 78 | | (i-3) A general law enacted under Subsection (i) of this |
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79 | 79 | | section may provide that if the first tax year an owner of |
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80 | 80 | | single-family residential real property owned the property on |
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81 | 81 | | January 1 was a tax year before the tax year in which the general law |
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82 | 82 | | took effect: |
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83 | 83 | | (1) the property owner is considered to have acquired |
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84 | 84 | | the property on January 1 of the tax year preceding the tax year in |
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85 | 85 | | which the general law took effect; and |
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86 | 86 | | (2) the appraised value of the property as shown on the |
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87 | 87 | | appraisal roll of the appraisal entity for the tax year preceding |
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88 | 88 | | the tax year in which the general law took effect is considered to |
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89 | 89 | | be the market value of the property for that tax year for purposes |
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90 | 90 | | of Subsection (i) of this section. |
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91 | 91 | | (i-4) For purposes of Subsection (i) of this section, the |
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92 | 92 | | Legislature by general law may define single-family residential |
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93 | 93 | | real property, which may include a manufactured or mobile home used |
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94 | 94 | | as a dwelling. |
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95 | 95 | | (i-5) The Legislature by general law may define "inflation |
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96 | 96 | | rate" for purposes of Subsections (i) and (i-1) of this section. |
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97 | 97 | | (n) This subsection does not apply to a parcel of |
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98 | 98 | | single-family residential real property [residence homestead] to |
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99 | 99 | | which Subsection (i) of this section applies. Notwithstanding |
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100 | 100 | | Subsections (a) and (b) of this section, the Legislature by general |
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101 | 101 | | law may limit the maximum appraised value of real property for ad |
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102 | 102 | | valorem tax purposes in a tax year to the lesser of the most recent |
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103 | 103 | | market value of the property as determined by the appraisal entity |
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104 | 104 | | or 120 percent, or a greater percentage, of the appraised value of |
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105 | 105 | | the property for the preceding tax year. The general law enacted |
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106 | 106 | | under this subsection may prescribe additional eligibility |
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107 | 107 | | requirements for the limitation on appraised values authorized by |
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108 | 108 | | this subsection. A limitation on appraised values authorized by |
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109 | 109 | | this subsection: |
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110 | 110 | | (1) takes effect as to a parcel of real property |
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111 | 111 | | described by this subsection on the later of the effective date of |
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112 | 112 | | the law imposing the limitation or January 1 of the tax year |
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113 | 113 | | following the first tax year in which the owner owns the property on |
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114 | 114 | | January 1; and |
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115 | 115 | | (2) expires on January 1 of the tax year following the |
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116 | 116 | | tax year in which the owner of the property ceases to own the |
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117 | 117 | | property. |
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118 | 118 | | SECTION 2. This proposed constitutional amendment shall be |
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119 | 119 | | submitted to the voters at an election to be held November 4, 2025. |
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120 | 120 | | The ballot shall be printed to permit voting for or against the |
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121 | 121 | | proposition: "The constitutional amendment authorizing the |
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122 | 122 | | legislature to provide that the appraised value of a parcel of |
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123 | 123 | | single-family residential real property for ad valorem tax purposes |
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124 | 124 | | for the first tax year in which the owner of the property owns the |
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125 | 125 | | property on January 1 is the market value of the property and that, |
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126 | 126 | | if the owner purchased the property, the purchase price of the |
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127 | 127 | | property is considered to be the market value of the property for |
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128 | 128 | | that tax year and to limit increases in the appraised value of the |
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129 | 129 | | property for subsequent tax years based on the inflation and |
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130 | 130 | | population growth rates." |
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