Clearly you don't understand the purpose of the amendment. It is not
to levy a new tax but to protect homeowners from having the value of
their homestead taxed at a commercial level instead of homestead value
just because of commercial development or rezoning. As it stands now,
the taxes can skyrocket because of changes around the homeowner even
though they have not changed their property.
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Here is the way it is worded.
HJR 36 would amend the constitution to authorize the legislature to provide
for the taxation of a residence homestead solely on the basis of the
property's value as a residence homestead, regardless of whether the
property may have a higher value if it were used for other purposes.
Currently there is NO state ad valorem tax. It was discontinued several
years ago This would
re-establish it disguised to mislead voters.
Years ago there was a state ad valorem tax of 42� per $100 value. A law was
passed eliminating it. This proposal would brilng it back.
Proposing a constitutional amendment authorizing the legislature to
provide for the ad valorem taxation of a residence homestead solely on
the basis of the property's value as a residence homestead;
authorizing the legislature to authorize a single board of
equalization for two or more adjoining appraisal entities that elect
to provide for consolidated equalizations; and authorizing the
legislature to provide for the administration and enforcement of
uniform standards and procedures for appraisal of property for ad
valorem tax purposes.
The bill does not end with your recap and is related to Texas law
regarding appraisal for taxing purposes and does not establis a new ad
valorem tax. It does control how the valuation of a homestead is set
which would give relief to those who through no action of their own
find that their homes are now being taxed as commercial property rates
even though still a family residence.
Read the following...it does a better job of describing it than I did.
http://www.hro.house.state.tx.us/pdf/ba81r/hjr0036.pdf
You may be right, but the wording of the part I questioned mentions the
"taxation" not the "appraisal" of the property. If the property was
appraised based on its residential value, that would not imply a state tax.
If the intent is as you assume, then the wording should be changed.
If a property is assessed at a value of $ 100,000 the tax rate is the same
for both residential and commercial property so the key thing is the
appraisal. The proposal does not limit the tax rate which has its own set
of rules.
You have to take the entire amendment together and not just the first
part. Note that following the section you originally quoted there is
not a period but a semi-colon. You would think that a bunch of
"educated" lawyers could learn to write a constitutional amendment
that the majority of the population could understand without the need
for interpretation.
> If a property is assessed at a value of $ 100,000 the tax rate is the same
> for both residential and commercial property so the key thing is the
> appraisal. The proposal does not limit the tax rate which has its own set
> of rules.- Hide quoted text -
>
> - Show quoted text -
This is actually an add on amendment to changes made several years
ago. Its about time too, the old process was very destructive to some
older retired people who had lived in their homes for many years, paid
them off but had tax bills that forced them to sell their homes to
survive.