By Nixon                                               S.B. No. 587
         76R5176 SMH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a limitation on the maximum average annual increase in
 1-3     the appraised value of real property for ad valorem tax purposes.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 1.12(d), Tax Code, is amended to read as
 1-6     follows:
 1-7           (d)  For purposes of this section, the appraisal ratio of a
 1-8     parcel of real property [homestead] to which Section 23.23 applies
 1-9     is the ratio  of the property's market value as determined by the
1-10     appraisal district or appraisal review board, as applicable, to the
1-11     market value of the property according to law.  The appraisal ratio
1-12     is not calculated according to the appraised value of the property
1-13     as limited by Section 23.23.
1-14           SECTION 2.  The heading to Section 23.23, Tax Code, is
1-15     amended to read as follows:
1-16           Sec. 23.23.  LIMITATION ON APPRAISED VALUE OF REAL PROPERTY
1-17     [RESIDENCE HOMESTEAD]
1-18           SECTION 3.  Sections 23.23(a)-(c) and (e), Tax Code, are
1-19     amended to read as follows:
1-20           (a)  The appraised value of a parcel of real property
1-21     [residence homestead] for a tax year may not exceed the lesser of:
1-22                 (1)  the market value of the property; or
1-23                 (2)  the sum of:
1-24                       (A)  five [10] percent of the appraised value of
 2-1     the property for the last year in which the property was appraised
 2-2     for taxation times the number of years since the property was last
 2-3     appraised;
 2-4                       (B)  the appraised value of the property for the
 2-5     last year in which the property was appraised; and
 2-6                       (C)  the market value of all new improvements to
 2-7     the property.
 2-8           (b)  When appraising a parcel of real property [residence
 2-9     homestead], the chief appraiser shall:
2-10                 (1)  appraise the property at its market value; and
2-11                 (2)  include in the appraisal records both the market
2-12     value of the property and the amount computed under Subsection
2-13     (a)(2).
2-14           (c)  The limitation provided by Subsection (a)  takes effect
2-15     as to a parcel of real property [residence homestead] on January 1
2-16     of the tax year following the first tax year the owner acquires the
2-17     property [qualifies the property for an exemption under Section
2-18     11.13].  The limitation expires on January 1 of the first tax year
2-19     that:
2-20                 (1)  [neither] the owner of the property when the
2-21     limitation took effect no longer owns the property; and
2-22                 (2)  if the owner of the property when the limitation
2-23     took effect qualified the property for an exemption under Section
2-24     11.13, [nor] the owner's spouse or surviving spouse does not
2-25     qualify [qualifies] for an exemption under that section [Section
2-26     11.13].
2-27           (e)  In this section, "new improvement" means an improvement
 3-1     to a parcel of real property [residence homestead] that is made
 3-2     after the appraisal of the property for the preceding year and that
 3-3     increases the market value of the property.  The term does not
 3-4     include ordinary maintenance of an existing structure or the
 3-5     grounds or another feature of the property.
 3-6           SECTION 4.  Section 403.302(d), Government Code, as amended
 3-7     by Section 44, Chapter 1039, Section 63, Chapter 1040, and Section
 3-8     27, Chapter 1071, Acts of the 75th Legislature, Regular Session,
 3-9     1997, is reenacted and amended to read as follows:
3-10           (d)  For the purposes of this section, "taxable value" means
3-11     the market value of all taxable property less:
3-12                 (1)  the total dollar amount of any residence homestead
3-13     exemptions lawfully granted under Section 11.13(b)  or (c), Tax
3-14     Code, in the year that is the subject of the study for each school
3-15     district;
3-16                 (2)  the total dollar amount of any exemptions granted
3-17     before May 31, 1993, within a reinvestment zone under agreements
3-18     authorized by Chapter 312, Tax Code;
3-19                 (3)  the total dollar amount of any captured appraised
3-20     value of property that is located in a reinvestment zone on August
3-21     31, 1999, generates a tax increment paid into a tax increment fund,
3-22     and is eligible for tax increment financing under Chapter 311, Tax
3-23     Code, under a reinvestment zone financing plan approved under
3-24     Section 311.011(d), Tax Code, before September 1, 1999;
3-25                 (4)  the total dollar amount of any exemptions granted
3-26     under Section 11.251, Tax Code;
3-27                 (5)  the difference between the comptroller's estimate
 4-1     of the market value and the productivity value of land that
 4-2     qualifies for appraisal on the basis of its productive capacity,
 4-3     except that the productivity value estimated by the comptroller may
 4-4     not exceed the fair market value of the land;
 4-5                 (6)  the portion of the appraised value of residence
 4-6     homesteads of the elderly on which school district taxes are not
 4-7     imposed in the year that is the subject of the study, calculated as
 4-8     if the residence homesteads were appraised at the full value
 4-9     required by law;
4-10                 (7)  a portion of the market value of property not
4-11     otherwise fully taxable by the district at market value because of
4-12     action required by statute or the constitution of this state that,
4-13     if the tax rate adopted by the district is applied to it, produces
4-14     an amount equal to the difference between the tax that the district
4-15     would have imposed on the property if the property were fully
4-16     taxable at market value and the tax that the district is actually
4-17     authorized to impose on the property, if this subsection does not
4-18     otherwise require that portion to be deducted;
4-19                 (8)  the market value of all tangible personal
4-20     property, other than manufactured homes, owned by a family or
4-21     individual and not held or used for the production of income;
4-22                 (9)  the appraised value of property the collection of
4-23     delinquent taxes on which is deferred under Section 33.06, Tax
4-24     Code;
4-25                 (10)  the portion of the appraised value of property
4-26     the collection of delinquent taxes on which is deferred under
4-27     Section 33.065, Tax Code; and
 5-1                 (11)  the amount by which the market value of a parcel
 5-2     of real property [residence homestead] to which Section 23.23, Tax
 5-3     Code, applies exceeds the appraised value of that property as
 5-4     calculated under that section.
 5-5           SECTION 5.  This Act takes effect January 1, 2000, but only
 5-6     if the constitutional amendment proposed by the 76th Legislature,
 5-7     Regular Session, 1999, to authorize the legislature to limit the
 5-8     maximum average annual increase in the appraised value of real
 5-9     property for ad valorem tax purposes is approved by the voters.  If
5-10     that amendment is not approved by the voters, this Act has no
5-11     effect.
5-12           SECTION 6.  The importance of this legislation and the
5-13     crowded condition of the calendars in both houses create an
5-14     emergency and an imperative public necessity that the
5-15     constitutional rule requiring bills to be read on three several
5-16     days in each house be suspended, and this rule is hereby suspended,
5-17     and that this Act take effect and be in force according to its
5-18     terms, and it is so enacted.