1 | 1 | | By: Toth H.J.R. No. 74 |
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6 | 6 | | A JOINT RESOLUTION |
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7 | 7 | | proposing a constitutional amendment authorizing the legislature |
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8 | 8 | | to provide that the appraised value of a residence homestead for ad |
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9 | 9 | | valorem tax purposes for the first tax year that the owner of the |
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10 | 10 | | property qualifies the property for a residence homestead exemption |
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11 | 11 | | is the market value of the property and that, if the owner purchased |
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12 | 12 | | the property, the purchase price of the property is considered to be |
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13 | 13 | | the market value of the property for that tax year and to limit |
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14 | 14 | | increases in the appraised value of the homestead for subsequent |
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15 | 15 | | tax years based on the inflation rate. |
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16 | 16 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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17 | 17 | | SECTION 1. Section 1, Article VIII, Texas Constitution, is |
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18 | 18 | | amended by amending Subsection (i) and adding Subsections (i-1) and |
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19 | 19 | | (i-2) to read as follows: |
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20 | 20 | | (i) The legislature by general law may provide that the |
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21 | 21 | | appraised value of a residence homestead for ad valorem tax |
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22 | 22 | | purposes for the first tax year that the owner qualifies the |
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23 | 23 | | property for an exemption under Section 1-b of this article is the |
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24 | 24 | | market value of the property and that, if the owner acquired the |
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25 | 25 | | property as a bona fide purchaser for value, the purchase price of |
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26 | 26 | | the property paid by the owner is considered to be the market value |
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27 | 27 | | of the property for that tax year. Notwithstanding Subsections (a) |
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28 | 28 | | and (b) of this section, a general law enacted under this subsection |
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29 | 29 | | may provide that the appraised value of the property for each |
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30 | 30 | | subsequent tax year until the tax year in which the limitation |
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31 | 31 | | authorized by the general law expires is equal to the appraised |
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32 | 32 | | value of the property for ad valorem tax purposes for the preceding |
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33 | 33 | | tax year as adjusted by the appraisal entity for the current tax |
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34 | 34 | | year to reflect any positive change from the preceding tax year in |
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35 | 35 | | the purchasing power of the dollar for consumers in 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 as to a residence homestead on the |
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45 | 45 | | later of the effective date of the law imposing the limitation or |
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46 | 46 | | January 1 of the first tax year [following the first tax year] the |
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47 | 47 | | owner qualifies the property for an exemption under Section 1-b of |
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48 | 48 | | this article; and |
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49 | 49 | | (2) expires on January 1 of the first tax year that |
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50 | 50 | | neither the owner of the property when the limitation took effect |
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51 | 51 | | nor the owner's spouse or surviving spouse qualifies for an |
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52 | 52 | | exemption under Section 1-b of this article, except that a |
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53 | 53 | | limitation established under this subsection does not expire if a |
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54 | 54 | | change in ownership of the property occurs by inheritance or under a |
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55 | 55 | | will as long as the person who acquires the property qualifies for |
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56 | 56 | | an exemption under Section 1-b of this article. |
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57 | 57 | | (i-1) A general law enacted under Subsection (i) of this |
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58 | 58 | | section may provide that, for each tax year, using the index that |
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59 | 59 | | the comptroller of public accounts considers to most accurately |
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60 | 60 | | report changes in the purchasing power of the dollar for consumers |
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61 | 61 | | in this state, the comptroller shall determine and publicize the |
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62 | 62 | | percentage by which the appraised value of residence homesteads in |
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63 | 63 | | this state may be increased under Subsection (i) of this section. |
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64 | 64 | | Each appraisal entity shall use the percentage determined by the |
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65 | 65 | | comptroller under this subsection to determine the appraised value |
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66 | 66 | | under Subsection (i) of this section of residence homesteads |
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67 | 67 | | appraised by that appraisal entity. |
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68 | 68 | | (i-2) A general law enacted under Subsection (i) of this |
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69 | 69 | | section may provide that if the first tax year an owner of real |
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70 | 70 | | property qualified the property for an exemption under Section 1-b |
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71 | 71 | | of this article was a tax year before the tax year in which the |
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72 | 72 | | general law took effect: |
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73 | 73 | | (1) the property owner is considered to have qualified |
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74 | 74 | | the property for the exemption for the first time in the tax year |
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75 | 75 | | preceding the tax year in which the general law took effect; and |
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76 | 76 | | (2) the appraised value of the property as shown on the |
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77 | 77 | | appraisal roll of the appraisal entity for the tax year preceding |
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78 | 78 | | the tax year in which the general law took effect is considered to |
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79 | 79 | | be the market value of the property for that tax year for purposes |
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80 | 80 | | of Subsection (i) of this section. |
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81 | 81 | | SECTION 2. This proposed constitutional amendment shall be |
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82 | 82 | | submitted to the voters at an election to be held November 4, 2025. |
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83 | 83 | | The ballot shall be printed to permit voting for or against the |
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84 | 84 | | proposition: "The constitutional amendment authorizing the |
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85 | 85 | | legislature to provide that the appraised value of a residence |
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86 | 86 | | homestead for ad valorem tax purposes for the first tax year that |
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87 | 87 | | the owner of the property qualifies the property for a residence |
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88 | 88 | | homestead exemption is the market value of the property and that, if |
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89 | 89 | | the owner purchased the property, the purchase price of the |
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90 | 90 | | property is considered to be the market value of the property for |
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91 | 91 | | that tax year and to limit increases in the appraised value of the |
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92 | 92 | | homestead for subsequent tax years based on the inflation rate." |
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