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A JOINT RESOLUTION
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proposing a constitutional amendment to authorize the legislature |
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to provide for a local option election in Montgomery County to limit |
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the maximum appraised value of a residence homestead to 103 percent |
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or more of the appraised value of the property for the preceding tax |
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year for purposes of ad valorem taxation by each political |
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subdivision all of the territory of which is located in the county. |
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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 adding Subsection (j) to read as follows: |
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(j) Notwithstanding Subsections (a), (b), and (i) of this |
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section, the Legislature may authorize the commissioners court of |
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Montgomery County to call an election in the county to permit the |
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voters of the county to determine by majority vote whether to |
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establish for purposes of ad valorem taxation by each political |
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subdivision all of the territory of which is located in the county a |
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percentage limitation on the maximum appraised value of a residence |
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homestead in the political subdivision of not less than 103 percent |
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of the appraised value of the property for the preceding tax year. |
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The ballot proposition shall specify the proposed percentage |
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limitation on maximum appraised value. A limitation on maximum |
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appraised value established under this subsection takes effect as |
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to a residence homestead on the later of January 1 of the tax year |
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following the year in which the election is held or January 1 of the |
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tax year following the first tax year the owner qualifies the |
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property for an exemption under Section 1-b of this article. As to |
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a residence homestead, the limitation expires on January 1 of the |
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first tax year that neither the owner of the property when the |
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limitation took effect nor the owner's spouse or surviving spouse |
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qualifies for an exemption under Section 1-b of this article. If |
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the voters of the county establish a limitation on maximum |
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appraised value under this subsection applicable to a tax year for |
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which the Legislature has enacted a limitation under Subsection (i) |
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of this section, the lower percentage limitation applies to ad |
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valorem taxation by each political subdivision all of the territory |
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of which is located in the county. If the voters of the county |
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establish a limitation on maximum appraised value under this |
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subsection, the limitation remains in effect until the tax year |
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following a year in which the limitation is amended or repealed by |
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the voters of the county at a subsequent election called by the |
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commissioners court for that purpose. |
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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 to authorize the |
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legislature to provide for a local option election in Montgomery |
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County to limit the maximum appraised value of a residence |
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homestead to 103 percent or more of the appraised value of the |
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property for the preceding tax year for purposes of ad valorem |
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taxation by each political subdivision all of the territory of |
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which is located in the county." |