BILL ANALYSIS H.J.R. 72 By: Alexander (Montford) Finance 05-19-95 Senate Committee Report (Unamended) BACKGROUND Current law requires the Texas Legislature to provide for the appraisal of open space land used for a farm or ranch purpose on the basis of its productivity capacity. Chapter 23D, Tax Code, implements the constitutional provision by providing that certain agricultural land may qualify for productivity appraisal if it meets a number of conditions. PURPOSE As proposed, H.J.R. 72 requires the submission to the voters of a proposed constitutional amendment relating to the ad valorem taxation of open-space land used for wildlife management. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article VIII, Section 1-d-1(a), Texas Constitution, to require the legislature to provide by general law for taxation of open-space land devoted to farm, ranch, or wildlife management purposes on the basis of its productive capacity. Authorizes the legislature to provide by general law for taxation of open-space land devoted to timber production on the basis of its productive capacity. SECTION 2. Adds a temporary provision to the Texas Constitution, as follows: TEMPORARY PROVISION. (a) Validates the changes to the law made by Chapter 560, Acts of the 72nd Legislature, Regular Session, 1991. (b) Provides that this section does not authorize a property owner to claim a refund of taxes paid unless the tax payment was challenged as provided by law before the effective date of this amendment. (c) Provides that this temporary provision expires January 1, 1998. SECTION 3. Requires this proposed constitutional amendment to be submitted to the voters on an election to be held November 7, 1995. Sets forth the required language of the ballot.