81R5696 JD-D

By: Bohac H.J.R. No. 56

A JOINT RESOLUTION

proposing a constitutional amendment authorizing the legislature to establish for purposes of ad valorem taxation by certain school districts in Harris County a limit on the maximum appraised value of residence homesteads of 105 percent of the appraised value of the property for the preceding tax year and to permit certain other political subdivisions in Harris County to establish a 105 percent limit on the maximum appraised value of residence homesteads for ad valorem taxation by those political subdivisions.

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 (j) to read as follows:

(i) Notwithstanding Subsections (a) and (b) of this section, the Legislature by general law may limit the maximum appraised value of a residence homestead for purposes of ad valorem taxation by a school district other than a junior college district, a majority of the territory of which is located in Harris County, [tax purposes] in a tax year to the lesser of the most recent market value of the residence homestead as determined by the appraisal entity or 105 [110] percent, or a greater percentage, of the appraised value of the residence homestead for the preceding tax year, and for purposes of ad valorem taxation by all other political subdivisions in this state to the lesser of that most recent market value or 110 percent, or a greater percentage of that appraised value. A limitation on appraised values 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.

(j) Notwithstanding Subsections (a), (b), and (i) of this section, the Legislature by general law may authorize the governing body of a political subdivision other than a school district but including a junior college district, a majority of the territory of which is located in Harris County, to establish for purposes of ad valorem taxation by the political subdivision a limit on the maximum appraised value of a residence homestead in the political subdivision of 105 percent of the appraised value of the property for the preceding tax year. A limit on maximum appraised value established under this subsection takes effect as to a residence homestead on the later of January 1 of the tax year following the year in which the limit is established 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. As to a residence homestead, the limit expires on January 1 of the first tax year that neither the owner of the property when the limit took effect nor the owner's spouse or surviving spouse qualifies for an exemption under Section 1-b of this article. If the governing body of a political subdivision establishes a limit on maximum appraised value under this subsection, the limit remains in effect until repealed or rescinded by the governing body of the political subdivision.

SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 3, 2009. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment authorizing the legislature to establish for purposes of ad valorem taxation by certain school districts in Harris County a limit on the maximum appraised value of residence homesteads of 105 percent of the appraised value of the property for the preceding tax year and to permit certain other political subdivisions in Harris County to establish a 105 percent limit on the maximum appraised value of residence homesteads for ad valorem taxation by those political subdivisions."