79S31838 JD-D

By:  Smith of Harris                                              H.B. No. 172


A BILL TO BE ENTITLED
AN ACT
relating to authorizing the commissioners court of a county to establish for purposes of ad valorem taxation a limitation on increases in the appraised value of real property in the county that is less than 10 percent but not less than three percent. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. 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 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. The heading to Section 23.23, Tax Code, is amended to read as follows: Sec. 23.23. LIMITATION ON APPRAISED VALUE OF REAL PROPERTY [RESIDENCE HOMESTEAD]. SECTION 3. Section 23.23, Tax Code, is amended by amending Subsection (a) and adding Subsections (g), (h), (i), (j), and (k) to read as follows: (a) Except as provided under Subsection (g), the [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. (g) The commissioners court of a county, in the manner required by law for official action, may provide that for purposes of taxation in the following and each subsequent tax year a limitation on appraised value determined in the manner provided by Subsection (a)(2) using a percentage of less than 10 percent but not less than three percent in place of 10 percent in Subsection (a)(2)(A) will apply to the taxation of real property in the county by each taxing unit that imposes taxes on that property. The commissioners court may amend, repeal, or rescind the limitation, but the amendment, repeal, or rescission may not take effect before January 1 of the following tax year. The other provisions of this section apply to a limitation established under this subsection in the same manner as they apply to the limitation provided by Subsection (a), except that a limitation established under this subsection: (1) takes effect: (A) in the tax year following the first tax year in which the owner owns the property on January 1; or (B) in the tax year following the tax year in which the owner acquires the property if the property qualifies for an exemption as the residence homestead of the owner under Section 11.13 in the tax year in which the owner acquires the property; and (2) except as provided by Subsections (h) and (i), expires on January 1 of the first tax year following the tax year in which the owner of the property when the limitation took effect ceases to own the property. (h) If real property subject to a limitation under Subsection (g) 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 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. (i) If real property subject to a limitation under Subsection (g), other than a residence homestead, is owned by two or more persons, the limitation expires on January 1 of the tax year following the year in which the ownership of at least a 50 percent interest in the property is sold or otherwise transferred to a person other than those owners. (j) If in any tax year the limitation on appraised value provided by Subsection (a)(2) applies to residence homesteads in a county and the commissioners court of the county has provided for the application in that tax year of a limitation on appraised value under Subsection (g), the lower limitation applies to residence homesteads in the county for purposes of taxation by each taxing unit that imposes taxes in that county. (k) For purposes of applying a limitation established under Subsection (g) in the first tax year after the tax year in which the limitation is established in which the real property is appraised for taxation: (1) the property is considered to have been appraised for taxation in the year in which the limitation is established at a market value equal to the appraised value of the property for that tax year; (2) a person who acquired in a tax year before the year in which the limitation is established real property that the person owns in the year in which the limitation is established is considered to have acquired the property on January 1 of the year in which the limitation is established; 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 year in which the limitation is established is considered to have acquired the property in the year in which the limitation is established. SECTION 4. Section 42.26(d), Tax Code, is amended to read as follows: (d) For purposes of this section, the value of the property subject to the suit and the value of a comparable property or sample property that is used for comparison must be the market value determined by the appraisal district when the property is [a residence homestead] subject to the limitation on appraised value imposed by or authorized under Section 23.23. SECTION 5. This Act applies only to the appraisal of real property for ad valorem tax purposes for a tax year that begins on or after January 1, 2007. SECTION 6. This Act takes effect January 1, 2007, but only if the constitutional amendment proposed by the 79th Legislature, 3rd Called Session, 2006, authorizing the commissioners court of a county to establish for purposes of ad valorem taxation a limitation on the maximum average annual percentage increase in the appraised value of real property in the county that is less than 10 percent but not less than three percent is approved by the voters. If that amendment is not approved by the voters, this Act has no effect.