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A BILL TO BE ENTITLED
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AN ACT
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relating to the limitation on increases in the appraised value of a |
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residence homestead for ad valorem taxation by certain taxing units |
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in Harris County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 23.23, Tax Code, is amended by amending |
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Subsection (a) and adding Subsections (g) and (h) to read as |
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follows: |
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(a) Except as provided by Subsection (g), notwithstanding |
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[Notwithstanding] the requirements of Section 25.18, and |
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regardless of whether the appraisal office has appraised the |
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property and determined the market value of the property for the tax |
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year, an appraisal office may increase the appraised value of a |
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residence homestead for a tax year to an amount not to exceed the |
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lesser of: |
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(1) the market value of the property for the most |
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recent tax year that the market value was determined by the |
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appraisal office; or |
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(2) the sum of: |
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(A) 10 percent of the appraised value of the |
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property for the preceding tax year; |
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(B) the appraised value of the property for the |
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preceding tax year; and |
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(C) the market value of all new improvements to |
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the property. |
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(g) The governing body of a taxing unit other than a school |
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district but including a junior college district, a majority of the |
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territory of which is located in Harris County, in the manner |
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required by law for official action, may at any time provide that |
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for purposes of taxation by the taxing unit in the following and |
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each subsequent tax year a lower percentage limitation on maximum |
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appraised value determined in the manner provided by Subsection |
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(a)(2) using five percent in place of 10 percent in Subsection |
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(a)(2)(A) will apply to the taxation of residence homesteads by the |
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taxing unit. |
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(h) Subsection (g) does not affect the appraised value of a |
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residence homestead for taxation by a taxing unit other than the |
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taxing unit whose governing body provides for the application of a |
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five percent limitation on maximum appraised value under that |
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subsection. If the governing body of the taxing unit sets the tax |
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rate for more than one taxing unit, an action by the governing body |
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under Subsection (g) does not apply to a taxing unit other than the |
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taxing unit whose governing body takes that action. |
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SECTION 2. Section 42.26(d), Tax Code, is amended to read as |
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follows: |
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(d) For purposes of this section, the value of the property |
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subject to the suit and the value of a comparable property or sample |
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property that is used for comparison must be the market value |
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determined by the appraisal district when the property is a |
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residence homestead subject to a [the] limitation on appraised |
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value imposed by or established under Section 23.23. |
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SECTION 3. This Act applies only to the appraisal of a |
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residence homestead for ad valorem tax purposes for a tax year that |
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begins on or after January 1, 2012. |
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SECTION 4. This Act takes effect January 1, 2012, but only |
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if the constitutional amendment proposed by the 82nd Legislature, |
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Regular Session, 2011, authorizing the legislature to permit |
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certain political subdivisions in Harris County to establish a |
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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 of 105 percent of |
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the appraised value of the property for the preceding tax year is |
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approved by the voters. If that amendment is not approved by the |
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voters, this Act has no effect. |