By: Estes S.J.R. No. 44
 
 
  SENATE JOINT RESOLUTION
 
proposing a constitutional amendment authorizing the legislature
to permit the voters of a municipality with a population of less
than 10,000 to authorize the governing body of the municipality to
enter into an agreement with an owner of real property in or
adjacent to an area in the municipality that has been approved for
funding under certain revitalization or redevelopment programs to
prohibit ad valorem tax increases on the owner's property for a
limited period.
       BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Article VIII, Texas Constitution, is amended by
adding Section 1-o to read as follows:
       Sec. 1-o.  To aid in the elimination of slum and blighted
conditions in less populated communities in this state, to promote
rural economic development in this state, and to improve the
economy of this state, the legislature by general law may authorize
the governing body of a municipality having a population of less
than 10,000, in the manner required by law, to call an election to
permit the voters to determine by majority vote whether to
authorize the governing body of the municipality to enter into an
agreement with an owner of real property that is located in or
adjacent to a designated area of the municipality that has been
approved for funding under the Downtown Revitalization Program
or the Main Street Improvements Program administered by the
Department of Agriculture, or a successor program administered by
that agency, under which the parties agree that the ad valorem taxes
imposed by any political subdivision on the owner's real property
may not be increased for the first five tax years after the tax year
in which the agreement is entered into, subject to the terms and
conditions provided by the agreement. A general law enacted under
this section must provide that, if authorized by the voters, an
agreement to limit ad valorem tax increases authorized by this
section:
             (1)  must be entered into by the governing body of the
municipality and a property owner before December 31 of the tax year
in which the election was held;
             (2)  takes effect as to a parcel of real property on
January 1 of the tax year following the tax year in which the
governing body and the property owner enter into the agreement;
             (3)  applies to ad valorem taxes imposed by any
political subdivision on the real property covered by the
agreement; and
             (4)  expires on the earlier of:
                   (A)  January 1 of the sixth tax year following the
tax year in which the governing body and the property owner enter
into the agreement; or
                   (B)  January 1 of the first tax year in which the
owner of the property when the agreement was entered into ceases to
own the property.
       SECTION 2.  The following temporary provision is added to
the Texas Constitution:
       TEMPORARY PROVISION. (a)  This temporary provision applies
to the constitutional amendment proposed by the 80th Legislature,
Regular Session, 2007, authorizing the legislature to permit the
voters of a municipality having a population of less than 10,000 to
authorize the governing body of the municipality to enter into an
agreement with an owner of real property in or adjacent to an area
in the municipality that has been approved for funding under
certain revitalization or redevelopment programs to prohibit ad
valorem tax increases on the owner's property for a limited period
and expires January 1, 2009.
       (b)  Section 1-o, Article VIII, of this constitution takes
effect January 1, 2008, and applies only to a tax year that begins
on or after that date.
       SECTION 3.  This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 6, 2007.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment authorizing the
legislature to permit the voters of a municipality having a
population of less than 10,000 to authorize the governing body of
the municipality to enter into an agreement with an owner of real
property in or adjacent to an area in the municipality that has been
approved for funding under certain programs administered by the
Texas Department of Agriculture under which the parties agree that
all ad valorem taxes imposed on the owner's property may not be
increased for the first five tax years after the tax year in which
the agreement is entered into."