Bill Text: TX SJR11 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Proposing a constitutional amendment to authorize the legislature to limit the maximum appraised value of a residence homestead for ad valorem tax purposes to 105 percent or less of the appraised value of the property for the preceding tax year and to permit the voters of a county to establish a higher limitation not to exceed 110 percent on the maximum appraised value of a residence homestead in the county.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-21 - Left pending in committee [SJR11 Detail]
Download: Texas-2011-SJR11-Introduced.html
82R1696 SMH-D | ||
By: Nichols | S.J.R. No. 11 |
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proposing a constitutional amendment to authorize the legislature | ||
to limit the maximum appraised value of a residence homestead for ad | ||
valorem tax purposes to 105 percent or less of the appraised value | ||
of the property for the preceding tax year and to permit the voters | ||
of a county to establish a higher limitation not to exceed 110 | ||
percent on the maximum appraised value of a residence homestead in | ||
the county. | ||
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1, Article VIII, Texas Constitution, is | ||
amended by amending Subsection (i) and adding Subsections (i-1) and | ||
(i-2) to read as follows: | ||
(i) Notwithstanding Subsections (a) and (b) of this | ||
section, the Legislature by general law may limit the maximum | ||
appraised value of a residence homestead for ad valorem tax | ||
purposes in a tax year to the lesser of the most recent market value | ||
of the residence homestead as determined by the appraisal entity or | ||
105 [ |
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appraised value of the residence homestead for the preceding tax | ||
year. A limitation on appraised values authorized by this | ||
subsection: | ||
(1) takes effect as to a residence homestead on the | ||
later of the effective date of the law imposing the limitation or | ||
January 1 of the tax year following the first tax year the owner | ||
qualifies the property for an exemption under Section 1-b of this | ||
article; and | ||
(2) expires on January 1 of the first tax year that | ||
neither the owner of the property when the limitation took effect | ||
nor the owner's spouse or surviving spouse qualifies for an | ||
exemption under Section 1-b of this article. | ||
(i-1) Notwithstanding Subsections (a) and (b) of this | ||
section, if the Legislature establishes a limitation on the maximum | ||
appraised value of a residence homestead as authorized by | ||
Subsection (i) of this section, the commissioners court of a county | ||
may call an election in the county to permit the voters to determine | ||
by majority vote whether to establish for purposes of ad valorem | ||
taxation by each political subdivision in the county a percentage | ||
limitation on the maximum appraised value of a residence homestead | ||
in the county that is greater than the percentage established by the | ||
Legislature under Subsection (i) of this section but not more than | ||
110 percent. The ballot proposition shall specify the proposed | ||
percentage limitation on maximum appraised value. If approved by | ||
the voters, the limitation applies beginning with the tax year | ||
following the year in which the election is held. A limitation on | ||
maximum appraised value established under this subsection takes | ||
effect as to a residence homestead on the later of January 1 of the | ||
tax year following the year in which the election is held or January | ||
1 of the tax year following the first tax year the owner qualifies | ||
the property for an exemption under Section 1-b of this article. As | ||
to a residence homestead, the limitation expires on January 1 of the | ||
first tax year that neither the owner of the property when the | ||
limitation took effect nor the owner's spouse or surviving spouse | ||
qualifies for an exemption under Section 1-b of this article. If | ||
the voters of a county establish a limitation on maximum appraised | ||
value under this subsection, the limitation remains in effect until | ||
the tax year following a year in which the limitation is amended or | ||
repealed by the voters of the county at a subsequent election called | ||
by the commissioners court. The Legislature by general law may | ||
limit the frequency with which elections authorized by this | ||
subsection may be called in a county. | ||
(i-2) The Legislature by general law may provide that a | ||
limitation on the maximum appraised value of a residence homestead | ||
established under Subsection (i) or (i-1) of this section does not | ||
apply to a new improvement to the residence homestead. | ||
SECTION 2. This proposed constitutional amendment shall be | ||
submitted to the voters at an election to be held November 8, 2011. | ||
The ballot shall be printed to permit voting for or against the | ||
proposition: "The constitutional amendment to authorize the | ||
legislature to limit the maximum appraised value of a residence | ||
homestead for ad valorem tax purposes to 105 percent or less of the | ||
appraised value of the property for the preceding tax year and to | ||
permit the voters of a county to establish a higher limitation not | ||
to exceed 110 percent on the maximum appraised value of a residence | ||
homestead in the county." |