1 | 1 | | 89R640 RDS-D |
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2 | 2 | | By: Middleton S.J.R. No. 25 |
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7 | 7 | | A JOINT RESOLUTION |
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8 | 8 | | proposing a constitutional amendment exempting tangible personal |
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9 | 9 | | property from ad valorem taxation. |
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10 | 10 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 1, Article VIII, Texas Constitution, is |
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12 | 12 | | amended by amending Subsection (b) and adding Subsection (b-1) to |
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13 | 13 | | read as follows: |
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14 | 14 | | (b) All real property [and tangible personal property] in |
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15 | 15 | | this State, unless exempt as required or permitted by this |
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16 | 16 | | Constitution, whether owned by natural persons or corporations, |
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17 | 17 | | other than municipal, shall be taxed in proportion to its value, |
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18 | 18 | | which shall be ascertained as may be provided by law. All tangible |
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19 | 19 | | personal property in this State is exempt from ad valorem taxation, |
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20 | 20 | | except as provided by Subsection (b-1) of this section. |
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21 | 21 | | (b-1) If before January 1, 2026, an ad valorem tax on |
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22 | 22 | | tangible personal property is pledged for the payment of a debt, the |
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23 | 23 | | appropriate tax authorities may continue to levy and collect the |
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24 | 24 | | tax against that tangible personal property at the same rate as the |
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25 | 25 | | pledged tax until the debt is discharged, if cessation of the levy |
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26 | 26 | | and collection of the tax would impair the obligation of the |
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27 | 27 | | contract by which the debt was created. This subsection applies to |
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28 | 28 | | tangible personal property that was taxable under the law in effect |
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29 | 29 | | on January 1, 2025, but that became exempt under Subsection (b) of |
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30 | 30 | | this section on January 1, 2026, as a result of the amendment of |
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31 | 31 | | this section adopted by the voters in 2025 to exempt all tangible |
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32 | 32 | | personal property from ad valorem taxation. |
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33 | 33 | | SECTION 2. Section 8, Article VIII, Texas Constitution, is |
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34 | 34 | | amended to read as follows: |
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35 | 35 | | Sec. 8. All real property of railroad companies shall be |
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36 | 36 | | assessed, and the taxes collected in the several counties in which |
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37 | 37 | | said real property is situated, including so much of the roadbed and |
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38 | 38 | | fixtures as shall be in each county. [The rolling stock may be |
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39 | 39 | | assessed in gross in the county where the principal office of the |
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40 | 40 | | company is located, and the county tax paid upon it shall be |
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41 | 41 | | apportioned as provided by general law in proportion to the |
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42 | 42 | | distance such road may run through any such county, among the |
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43 | 43 | | several counties through which the road passes, as a part of their |
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44 | 44 | | tax assets.] |
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45 | 45 | | SECTION 3. The following provisions of Article VIII, Texas |
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46 | 46 | | Constitution, are repealed: |
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47 | 47 | | (1) Sections 1(d), (e), and (g); |
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48 | 48 | | (2) Section 1-i; |
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49 | 49 | | (3) Section 1-j; |
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50 | 50 | | (4) Section 1-n, as proposed by S.J.R. 47, 77th |
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51 | 51 | | Legislature, Regular Session, 2001; |
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52 | 52 | | (5) Section 1-n, as proposed by S.J.R. 6, 77th |
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53 | 53 | | Legislature, Regular Session, 2001; |
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54 | 54 | | (6) Section 1-p; |
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55 | 55 | | (7) Section 1-x; |
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56 | 56 | | (8) Section 19; and |
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57 | 57 | | (9) Section 19a. |
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58 | 58 | | SECTION 4. The following temporary provision is added to |
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59 | 59 | | the Texas Constitution: |
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60 | 60 | | TEMPORARY PROVISION. The constitutional amendment proposed |
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61 | 61 | | by the 89th Legislature, Regular Session, 2025, exempting tangible |
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62 | 62 | | personal property from ad valorem taxation takes effect January 1, |
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63 | 63 | | 2026, and applies only to taxes imposed on or after that date. This |
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64 | 64 | | temporary provision expires January 1, 2027. |
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65 | 65 | | SECTION 5. This proposed constitutional amendment shall be |
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66 | 66 | | submitted to the voters at an election to be held November 4, 2025. |
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67 | 67 | | The ballot shall be printed to permit voting for or against the |
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68 | 68 | | proposition: "The constitutional amendment exempting all tangible |
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69 | 69 | | personal property in this state from ad valorem taxation." |
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