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79R8336 JD-D

By:  Janek, Williams                                            S.J.R. No. 4  


A JOINT RESOLUTION
proposing a constitutional amendment authorizing the legislature to establish a lower limit on the maximum average annual percentage increase in the appraised value of residence homesteads for ad valorem tax purposes and to authorize the governing body of a taxing unit to determine whether a limit on residence homestead appraisal increases shall apply in the taxing unit. 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 ad valorem tax purposes to five [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) The Legislature by general law may authorize the governing body of a taxing unit to determine whether a limitation on appraisal increases established under Subsection (i) of this section shall apply to taxation of residence homesteads by the taxing unit. 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 a lower limit on the maximum average annual percentage increase in the appraised value of residence homesteads for ad valorem tax purposes and to authorize the governing body of a taxing unit to determine whether a limit on residence homestead appraisal increases shall apply in the taxing unit."