| By: Howard of Fort Bend | H.J.R. No. 156 | |
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| proposing a constitutional amendment to require that taxation be | ||
| fair and equal and that the full cash value of property, calculated | ||
| only when property is purchased, constructed, or exchanged, be used | ||
| for purposes of ad valorem taxation. | ||
| BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 1, Article VIII, Texas Constitution, is | ||
| amended by amending Subsections (a) and (b) and adding Subsections | ||
| (c-1) and (c-2) to read as follows: | ||
| (a) Taxation shall be fair and equal [ |
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| (b) All real property and tangible personal property in this | ||
| State, unless exempt as required or permitted by this Constitution, | ||
| whether owned by natural persons or corporations, other than | ||
| municipal, shall be taxed at the property's full cash [ |
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| provided by law. | ||
| (c-1) In this section: | ||
| (1) "Full cash value" means the valuation as shown on a | ||
| 2009 ad valorem tax bill for a property under "market value" or, | ||
| thereafter, the appraised value of real property when purchased, | ||
| when newly constructed, or at the time of a change in ownership | ||
| after the 2009 assessment. Real property that is not assessed at | ||
| the 2009 full cash value may be reassessed to reflect that | ||
| valuation. | ||
| (2) "Newly constructed" does not include real property | ||
| that is reconstructed after a disaster, as declared by the | ||
| governor, if the value of the real property for tax purposes, as | ||
| reconstructed, is comparable to its value for tax purposes prior to | ||
| the disaster. | ||
| (c-2) All references in the Constitution to market value | ||
| mean full cash value. | ||
| SECTION 2. The following temporary provision is added to | ||
| the Texas Constitution: | ||
| TEMPORARY PROVISION. (a) This temporary provision applies | ||
| to the constitutional amendment proposed by the 81st Legislature, | ||
| Regular Session, 2009, to require that taxation be fair and equal | ||
| and that the full cash value of property, calculated only when | ||
| property is purchased, constructed, or exchanged, be used for | ||
| purposes of ad valorem taxation. | ||
| (b) Sections 1(a), (b), (c-1), and (c-2), Article VIII of | ||
| this constitution, take effect January 1, 2010, and apply only to a | ||
| tax year that begins on or after that date. | ||
| (c) This temporary provision expires January 1, 2011. | ||
| SECTION 3. 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 to require that | ||
| taxation be fair and equal and that the full cash value of property, | ||
| calculated only when property is purchased, constructed, or | ||
| exchanged, be used for purposes of ad valorem taxation." | ||