78R14449 JD-D


By:  Bohac, Hegar, Bonnen, Wong, Howard,                          H.B. No. 3223
 
    et al.                                                                   

A BILL TO BE ENTITLED
AN ACT
relating to limiting the maximum average annual increase in the appraised value of real property for ad valorem tax purposes. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1
SECTION 1.01. Section 1.12(d), Tax Code, is amended to read as follows: (d) For purposes of this section, the appraisal ratio of real property [a homestead] to which Section 23.23 or 23.231 applies is the ratio of the property's market value as determined by the appraisal district or appraisal review board, as applicable, to the market value of the property according to law. The appraisal ratio is not calculated according to the appraised value of the property as limited by Section 23.23 or 23.231. SECTION 1.02. The heading to Section 23.23, Tax Code, is amended to read as follows: Sec. 23.23. LIMITATION ON APPRAISED VALUE OF RESIDENCE HOMESTEAD FOR SCHOOL TAXES. SECTION 1.03. Section 23.23(a), Tax Code, is amended to read as follows: (a) The appraised value of a residence homestead for taxation by a school district for a tax year may not exceed the lesser of: (1) the market value of the property; or (2) the sum of: (A) 10 percent of the appraised value of the property for the last year in which the property was appraised for taxation times the number of years since the property was last appraised; (B) the appraised value of the property for the last year in which the property was appraised; and (C) the market value of all new improvements to the property. SECTION 1.04. Subchapter B, Chapter 23, Tax Code, is amended by adding Section 23.231 to read as follows: Sec. 23.231. LIMITATION ON APPRAISED VALUE OF REAL PROPERTY FOR TAXATION BY TAXING UNITS OTHER THAN SCHOOL DISTRICTS. (a) The appraised value of real property for taxation by a taxing unit other than a school district for a tax year may not exceed the lesser of: (1) the market value of the property; or (2) the sum of: (A) five percent of the appraised value of the property for the last year in which the property was appraised for taxation times the number of years since the property was last appraised; (B) the appraised value of the property for the last year in which the property was appraised; and (C) the market value of all new improvements to the property. (b) When appraising real property for purposes of this section, the chief appraiser shall: (1) appraise the property at its market value; and (2) include in the appraisal records both the market value of the property and the amount computed under Subsection (a)(2). (c) The limitation provided by Subsection (a) takes effect on January 1 of the tax year following the first tax year in which the owner owns the property on January 1, or, if the property qualifies as the residence homestead of the owner under Section 11.13 in the tax year in which the owner acquires the property, the limitation takes effect on January 1 of the tax year following that tax year. Except as provided by Subsection (d) or (e), the limitation expires on January 1 of the first tax year following the year in which the owner of the property ceases to own the property. (d) If property subject to a limitation under this section qualifies for an exemption under Section 11.13 when the ownership of the property is transferred to the owner's spouse or surviving spouse, the limitation expires on January 1 of the first tax year following the year in which the owner's spouse or surviving spouse ceases to own the property, unless the limitation is further continued under this subsection on the subsequent transfer to a spouse or surviving spouse. (e) If property subject to a limitation under Subsection (a), other than a residence homestead, is owned by two or more persons, the limitation expires on January 1 of the first tax year following the year in which the ownership of at least a 50 percent interest in the property is sold or otherwise transferred. (f) This section does not apply to property appraised under Subchapter C, D, E, F, or G. (g) In this section, "new improvement" means an improvement to real property that is made after the appraisal of the property for the most recent year in which the property was appraised for taxation and that increases the market value of the property. The term does not include ordinary maintenance of an existing structure or the grounds or another feature of the property. (h) The limitation provided by this section applies only to the appraisal of real property for taxation for a tax year that begins on or after January 1, 2004. For purposes of applying the limitation in the first tax year after the 2003 tax year in which the property is appraised for taxation: (1) the property is considered to have been appraised for taxation in the 2003 tax year at a market value equal to the appraised value of the property for that tax year; (2) a person who acquired real property in a tax year before the 2003 tax year is considered to have acquired the property on January 1, 2003; and (3) a person who qualified the property for an exemption under Section 11.13 as the person's residence homestead for any portion of the 2003 tax year is considered to have acquired the property in the 2003 tax year. (i) This section expires December 31, 2005.
ARTICLE 2
SECTION 2.01. Section 1.12(d), Tax Code, is amended to read as follows: (d) For purposes of this section, the appraisal ratio of a homestead to which Section 23.23 applies is the ratio of the property's market value as determined by the appraisal district or appraisal review board, as applicable, to the market value of the property according to law. The appraisal ratio is not calculated according to the appraised value of the property as limited by Section 23.23. SECTION 2.02. The heading to Section 23.23, Tax Code, is amended to read as follows: Sec. 23.23. LIMITATION ON APPRAISED VALUE OF RESIDENCE HOMESTEAD. SECTION 2.03. Section 23.23(a), Tax Code, is amended to read as follows: (a) The appraised value of a residence homestead for a tax year may not exceed the lesser of: (1) the market value of the property; or (2) the sum of: (A) 10 percent of the appraised value of the property for the last year in which the property was appraised for taxation times the number of years since the property was last appraised; (B) the appraised value of the property for the last year in which the property was appraised; and (C) the market value of all new improvements to the property.
ARTICLE 3
SECTION 3.01. Except as provided by Section 3.02 of this Act, this Act takes effect January 1, 2004, and applies only to the appraisal for ad valorem tax purposes of real property for a tax year that begins on or after January 1, 2004, but only if the constitutional amendment proposed by the 78th Legislature, Regular Session, 2003, authorizing the legislature to limit the maximum average annual increase in the appraised value of real property for ad valorem tax purposes to five percent or more is approved by the voters. If that amendment is not approved by the voters, this Act has no effect. SECTION 3.02. Article 2 of this Act takes effect January 1, 2006, and applies only to the appraisal for ad valorem tax purposes of a residence homestead for a tax year that begins on or after that date.