80R2056 JD-D
 
  By: Hochberg H.B. No. 438
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the limitation on the maximum percentage increase in
the appraised value of a residence homestead for ad valorem
taxation.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Sections 23.23(a) and (e), Tax Code, are 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.
       (e)  In this section, "new improvement" means an improvement
to a residence homestead that is made after the appraisal of the
property for the preceding year and that increases the market value
of the property. The term does not include repairs to or ordinary
maintenance of an existing structure or the grounds or another
feature of the property.
       SECTION 2.  This Act applies only to the appraisal for ad
valorem taxation of a residence homestead for a tax year that begins
on or after the effective date of this Act, but only if the
constitutional amendment proposed by the 80th Legislature, Regular
Session, 2007, providing that a limitation on the maximum
percentage increase in the appraised value of a residence homestead
for ad valorem taxation established by the legislature applies to a
residence homestead regardless of the number of years since the
most recent tax appraisal of the homestead is approved by the
voters. If that amendment is not approved by the voters, this Act
has no effect.
       SECTION 3.  This Act takes effect January 1, 2008.