79S20290 SMH-D



By:  Bohac                                                      H.J.R. No. 22 





A JOINT RESOLUTION
proposing a constitutional amendment authorizing the legislature to establish for purposes of ad valorem taxation by a school district a limit on the annual increase in the appraised value of residence homesteads of five percent or more, and to permit other political subdivisions to adopt a limit on those appraisal increases of less than 10 percent but not less than five percent. 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 Subsection (i-1) to read as follows: (i) Notwithstanding Subsections (a) and (b) of this section, the Legislature by general law may limit the maximum average annual percentage increase in the appraised value of residence homesteads for purposes of ad valorem taxation by a school district other than a junior college district [tax purposes] to five percent, or a greater percentage, and for purposes of ad valorem taxation by other political subdivisions to 10 percent, or a greater percentage, for each year since the most recent tax appraisal. A limitation on appraisal increases 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), (b), and (i) of this section, the Legislature by general law may authorize the governing body of a political subdivision other than a school district but including a junior college district to establish for purposes of ad valorem taxation by the political subdivision a limit on the maximum average annual percentage increase in the appraised value of residence homesteads in the political subdivision that is less than 10 percent but not less than five percent. A limitation on residence homestead appraisal increases established under this subsection takes effect and expires in the manner provided by Subsection (i) of this section. If the governing body of a political subdivision establishes a limit on appraisal increases under this subsection, the limitation remains in effect until amended or rescinded by the governing body. SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 8, 2005. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment authorizing the legislature to establish for purposes of ad valorem taxation by a school district a limit on the annual increase in the appraised value of residence homesteads of five percent or more, and to permit other political subdivisions to adopt a limit on those appraisal increases of less than 10 percent but not less than five percent."