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A JOINT RESOLUTION
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proposing a constitutional amendment authorizing the legislature |
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to establish for purposes of ad valorem taxation by certain school |
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districts in Harris County a limit on the maximum appraised value of |
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residence homesteads of 105 percent of the appraised value of the |
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property for the preceding tax year and to permit certain other |
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political subdivisions in Harris County to establish a 105 percent |
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limit on the maximum appraised value of residence homesteads for ad |
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valorem taxation by those political subdivisions. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1, Article VIII, Texas Constitution, is |
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amended by amending Subsection (i) and adding Subsection (j) to |
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read as follows: |
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(i) Notwithstanding Subsections (a) and (b) of this |
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section, the Legislature by general law may limit the maximum |
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appraised value of a residence homestead for purposes of ad valorem |
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taxation by a school district other than a junior college district, |
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a majority of the territory of which is located in Harris County, |
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[tax purposes] in a tax year to the lesser of the most recent market |
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value of the residence homestead as determined by the appraisal |
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entity or 105 [110] percent, or a greater percentage, of the |
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appraised value of the residence homestead for the preceding tax |
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year, and for purposes of ad valorem taxation by all other political |
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subdivisions in this state to the lesser of that most recent market |
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value or 110 percent, or a greater percentage of that appraised |
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value. A limitation on appraised values authorized by this |
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subsection: |
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(1) takes effect as to a residence homestead on the |
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later of the effective date of the law imposing the limitation or |
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January 1 of the tax year following the first tax year the owner |
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qualifies the property for an exemption under Section 1-b of this |
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article; and |
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(2) expires on January 1 of the first tax year that |
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neither the owner of the property when the limitation took effect |
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nor the owner's spouse or surviving spouse qualifies for an |
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exemption under Section 1-b of this article. |
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(j) Notwithstanding Subsections (a), (b), and (i) of this |
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section, the Legislature by general law may authorize the governing |
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body of a political subdivision other than a school district but |
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including a junior college district, a majority of the territory of |
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which is located in Harris County, to establish for purposes of ad |
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valorem taxation by the political subdivision a limit on the |
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maximum appraised value of a residence homestead in the political |
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subdivision of 105 percent of the appraised value of the property |
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for the preceding tax year. A limit on maximum appraised value |
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established under this subsection takes effect as to a residence |
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homestead on the later of January 1 of the tax year following the |
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year in which the limit is established or January 1 of the tax year |
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following the first tax year the owner qualifies the property for an |
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exemption under Section 1-b of this article. As to a residence |
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homestead, the limit expires on January 1 of the first tax year that |
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neither the owner of the property when the limit took effect nor the |
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owner's spouse or surviving spouse qualifies for an exemption under |
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Section 1-b of this article. If the governing body of a political |
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subdivision establishes a limit on maximum appraised value under |
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this subsection, the limit remains in effect until repealed or |
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rescinded by the governing body of the political subdivision. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 3, 2009. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment authorizing the |
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legislature to establish for purposes of ad valorem taxation by |
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certain school districts in Harris County a limit on the maximum |
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appraised value of residence homesteads of 105 percent of the |
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appraised value of the property for the preceding tax year and to |
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permit certain other political subdivisions in Harris County to |
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establish a 105 percent limit on the maximum appraised value of |
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residence homesteads for ad valorem taxation by those political |
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subdivisions." |