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A JOINT RESOLUTION
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proposing a constitutional amendment to require that taxation be |
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fair and equal and that the full cash value of property, calculated |
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only when property is purchased, constructed, or exchanged, be used |
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for purposes of ad valorem taxation. |
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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 Subsections (a) and (b) and adding Subsections |
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(c-1) and (c-2) to read as follows: |
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(a) Taxation shall be fair and equal [and uniform]. |
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(b) All real property and tangible personal property in this |
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State, unless exempt as required or permitted by this Constitution, |
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whether owned by natural persons or corporations, other than |
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municipal, shall be taxed at the property's full cash [in
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proportion to its] value, which shall be ascertained as may be |
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provided by law. |
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(c-1) In this section: |
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(1) "Full cash value" means the valuation as shown on a |
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2009 ad valorem tax bill for a property under "market value" or, |
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thereafter, the appraised value of real property when purchased, |
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when newly constructed, or at the time of a change in ownership |
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after the 2009 assessment. Real property that is not assessed at |
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the 2009 full cash value may be reassessed to reflect that |
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valuation. |
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(2) "Newly constructed" does not include real property |
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that is reconstructed after a disaster, as declared by the |
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governor, if the value of the real property for tax purposes, as |
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reconstructed, is comparable to its value for tax purposes prior to |
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the disaster. |
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(c-2) All references in the Constitution to market value |
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mean full cash value. |
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SECTION 2. The following temporary provision is added to |
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the Texas Constitution: |
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TEMPORARY PROVISION. (a) This temporary provision applies |
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to the constitutional amendment proposed by the 81st Legislature, |
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Regular Session, 2009, to require that taxation be fair and equal |
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and that the full cash value of property, calculated only when |
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property is purchased, constructed, or exchanged, be used for |
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purposes of ad valorem taxation. |
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(b) Sections 1(a), (b), (c-1), and (c-2), Article VIII of |
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this constitution, take effect January 1, 2010, and apply only to a |
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tax year that begins on or after that date. |
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(c) This temporary provision expires January 1, 2011. |
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SECTION 3. 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 require that |
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taxation be fair and equal and that the full cash value of property, |
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calculated only when property is purchased, constructed, or |
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exchanged, be used for purposes of ad valorem taxation." |