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79S31837 JD-D
By: Smith of Harris H.J.R. No. 38
A JOINT RESOLUTION
proposing a constitutional amendment 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.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1, Article VIII, Texas Constitution, is
amended by adding Subsections (i-1) and (i-2) to read as follows:
(i-1) Notwithstanding Subsections (a) and (b) of this
section, the commissioners court of a county may establish for
purposes of ad valorem taxation by the county and other political
subdivisions 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. A
limitation on appraisal increases established under this
subsection applies to the taxation of real property in the county by
each political subdivision that imposes taxes on the property. If a
commissioners court establishes a limitation under this subsection
applicable to a tax year for which the Legislature has enacted a
limitation under Subsection (i) of this section, the lower
percentage limitation applies to ad valorem taxation of residence
homesteads in the county. If a commissioners court establishes a
limitation on appraisal increases under this subsection, that
limitation remains in effect until amended, repealed, or rescinded
by the commissioners court. An amendment, repeal, or rescission of
the limitation may not take effect before January 1 of the tax year
following the year in which the amendment, repeal, or rescission is
made.
(i-2) A limitation on appraisal increases authorized by
Subsection (i-1) of this section:
(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
1-b of this article in the tax year in which the owner acquires the
property; and
(2) 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, except that the
Legislature by general law may provide for the limitation
applicable to a residence homestead to continue during ownership of
the property by the owner's spouse or surviving spouse.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 7, 2006.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment 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."