1 | 1 | | 89R1252 RDS-D |
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2 | 2 | | By: Bell of Montgomery H.J.R. No. 53 |
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7 | 7 | | A JOINT RESOLUTION |
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8 | 8 | | proposing a constitutional amendment to authorize the legislature |
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9 | 9 | | to limit the maximum appraised value of real property for ad valorem |
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10 | 10 | | tax purposes. |
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11 | 11 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 1, Article VIII, Texas Constitution, is |
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13 | 13 | | amended by amending Subsection (i) and adding Subsection (i-1) to |
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14 | 14 | | read as follows: |
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15 | 15 | | (i) Notwithstanding Subsections (a) and (b) of this |
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16 | 16 | | section, the Legislature by general law may limit the maximum |
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17 | 17 | | appraised value of real property [a residence homestead] for ad |
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18 | 18 | | valorem tax purposes in a tax year to the lesser of the most recent |
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19 | 19 | | market value of the property [residence homestead] as determined by |
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20 | 20 | | the appraisal entity or 105 [110] percent, or a greater percentage, |
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21 | 21 | | of the appraised value of the property [residence homestead] for |
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22 | 22 | | the preceding tax year. A limitation on appraised values |
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23 | 23 | | authorized by this subsection: |
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24 | 24 | | (1) takes effect in the tax year following the first |
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25 | 25 | | tax year in which the owner owns the property on January 1 [as to a |
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26 | 26 | | residence homestead on the later of the effective date of the law |
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27 | 27 | | imposing the limitation or January 1 of the tax year following the |
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28 | 28 | | first tax year the owner qualifies the property for an exemption |
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29 | 29 | | under Section 1-b of this article]; and |
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30 | 30 | | (2) expires on January 1 of the [first] tax year |
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31 | 31 | | following the tax year in which [that neither] the owner of the |
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32 | 32 | | property when the limitation took effect ceases to own the |
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33 | 33 | | property, except that the Legislature by general law may provide |
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34 | 34 | | for the limitation applicable to a residence homestead to continue |
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35 | 35 | | during ownership of the property by [nor] the owner's spouse or |
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36 | 36 | | surviving spouse [qualifies for an exemption under Section 1-b of |
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37 | 37 | | this article]. |
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38 | 38 | | (i-1) For purposes of Subsection (i) of this section, the |
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39 | 39 | | Legislature by general law may define real property, which may |
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40 | 40 | | include a manufactured or mobile home used as a dwelling. |
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41 | 41 | | SECTION 2. Sections 1(n) and (n-1), Article VIII, Texas |
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42 | 42 | | Constitution, are repealed. |
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43 | 43 | | SECTION 3. The following temporary provision is added to |
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44 | 44 | | the Texas Constitution: |
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45 | 45 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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46 | 46 | | to the constitutional amendment proposed by the 89th Legislature, |
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47 | 47 | | Regular Session, 2025, to authorize the legislature to limit the |
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48 | 48 | | maximum appraised value of real property for ad valorem tax |
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49 | 49 | | purposes. |
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50 | 50 | | (b) The repeal of Sections 1(n) and (n-1), Article VIII, of |
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51 | 51 | | this constitution takes effect January 1, 2026, and applies only to |
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52 | 52 | | a tax year beginning on or after that date. |
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53 | 53 | | (c) This temporary provision expires January 1, 2027. |
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54 | 54 | | SECTION 4. This proposed constitutional amendment shall be |
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55 | 55 | | submitted to the voters at an election to be held November 4, 2025. |
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56 | 56 | | The ballot shall be printed to permit voting for or against the |
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57 | 57 | | proposition: "The constitutional amendment to authorize the |
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58 | 58 | | legislature to limit the maximum appraised value of real property |
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59 | 59 | | for ad valorem tax purposes to 105 percent or more of the appraised |
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60 | 60 | | value of the property for the preceding tax year." |
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