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Texas Amendments for 2009 Election
State of Texas ^ | 12 Oct 2009 | Secretary of State, Texas

Posted on 10/12/2009 8:41:11 AM PDT by Ro_Thunder

Proposition 2 (HJR 36 - #1) The proposed amendment would appear on the ballot as follows: "The 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."

Proposition 3 (HJR 36 - #3) The proposed amendment would appear on the ballot as follows: "The constitutional amendment providing for uniform standards and procedures for the appraisal of property for ad valorem tax purposes."

Proposition 11 (HJR 14 - #1) The proposed amendment would appear on the ballot as follows: "The constitutional amendment to prohibit the taking, damaging, or destroying of private property for public use unless the action is for the ownership, use, and enjoyment of the property by the State, a political subdivision of the State, the public at large, or entities granted the power of eminent domain under law or for the elimination of urban blight on a particular parcel of property, but not for certain economic development or enhancement of tax revenue purposes, and to limit the legislature ’s authority to grant the power of eminent domain to an entity."

(Excerpt) Read more at sos.state.tx.us ...


TOPICS: Constitution/Conservatism; Government; US: Texas
KEYWORDS: 2009; amendments; texas; ustexas
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To: Ro_Thunder

Here’s what my state rep, Charlie Howard, has to say about proposed amendments 1, 2, and 3 (from his newsletter):

Prop 1: This amendment would authorize cities and counties to issue bonds or notes to finance acquisition of buffer areas to prevent encroachment and to fund the construction of roadways or infrastructure to protect and promote the military installations. There are many military bases in Texas that provide tremendous economic benefits to the state, as well as to the counties and cities within which they are located. The billions of dollars in payrolls and federal investment related to these bases are in danger of being lost due to continued encroachment by development around the military installations.

Prop 2: The amendment would allow the Legislature to require residence homestead property to be taxed solely on the basis of its value as a residence homestead, regardless of whether the residential use is considered to be the highest and best use. Currently, the Texas Constitution provides that no property of any kind shall be assessed for property taxes at greater than fair market cash value, nor shall any board of equalization of any governmental or political subdivision or taxing district fix the value of any property for tax purposes at more than fair cash value. However, residence homesteads throughout the state have experienced increasing appraisal values, in some instances more than 200 percent in one year, due to an appraisal practice known as “highest and best use”. This widely accepted standard allows homes to be valued based on the property’s potential use rather than the property’s current use. This practice creates the potential for skyrocketing appraisal values for residence homesteads located near new commercial development.

Prop 3: The amendment would give the legislature full discretion to prescribe the manner of the enforcement of uniform appraisal standards and procedures. The appreaisal review board is the current forum for administrative enforcement, and the district court is the current forum for judicial enforcement of uniform appraisal standards and procedures.

Based on these descriptions, I am for 2, and I need to check into 1 & 3 a little further before I make up my mind. I’m not sure of the motivation for 3. I would like to hear pros & cons. And I would want to be sure that we aren’t getting into another round of eminent domain issues with Prop 1. I can see heading off development by acquiring undeveloped property. But if someone has already built on the property, I am not so keen about authorizing the government to confiscate the property.


21 posted on 10/13/2009 5:06:41 PM PDT by Rocky (OBAMA: Succeeding where bin Laden failed.)
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To: freekitty

Yeppers...

When all he has to do is beat a liberal idiot, a liberal dyke, and a liberal lawyer...

A proven conservative, a veteran working on a principled agenda...I believe he can bring a lot to the table and manage this city better than the status quo for the last 30 some odd years...

Houston is not doing that bad (IMO), but it could use some cleaning up...Some of the liberal deadwood is collecting too much lint and needs to be burned...

If conservative only knew that this line up consists of these people and their political affiliations and liberal agenda, the ONE conservative that stands out, should be a no brainer to know what to do here in a few weeks...

The liberals are going to be divided between the other three, so if the conservative voting base in this town actually shows up, we do have a significant chance to beat a divided liberal voting base...

Otherwise, I don’t want to hear, or see, any bitchin’ after November 3rd...WE have a great chance here to put into place a conservative Republican in the big chair in the 4th largest city in the country...That will be an accomplishment worthy of note...


22 posted on 10/14/2009 5:03:24 AM PDT by stevie_d_64
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To: Ro_Thunder
Check this out... These are parts of the current Texas constitution article 8: --------------- (a) Taxation shall be equal and uniform. (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 in proportion to its value, which shall be ascertained as may be provided by law. (i) Notwithstanding Subsections (a) and (b) of this section, the Legislature by general law may limit the maximum appraised value of a residence homestead for ad valorem tax purposes in a tax year to the lesser of the most recent market value of the residence homestead as determined by the appraisal entity or 110 percent, or a greater percentage, of the appraised value of the residence homestead for the preceding tax year. A limitation on appraised values authorized by this subsection: [cut] (HERE'S THE GOOD PART) Sec. 1-e. Abolition of Ad Valorem Property Taxes. No State ad valorem taxes shall be levied upon any property within this State. --------------- That last one (Sec. 1-e) is pretty clear. The additions to this article on the ballot for Nov. really do seem to limit what the local tax assessors can do to substantially increase property taxes.... To "provide for" statutes so that taxes are measured "solely on the basis of the property's value as a residence homestead" as well as "uniform standards and procedures for the appraisal of property for ad valorem tax purposes." Yes, I changed the language in the last paragraph, but in the context of a constitution that clearly says "No State ad valorem taxes shall be levied upon any property within this State" I can't read these two propositions to mean homeowners get to pay a new state property tax. When they try to remove Sec. 1-e it's time to worry, but for now I think it's a pretty good thing to keep the counties in check with the proposed changes.
23 posted on 10/14/2009 3:13:09 PM PDT by bad tranny (HJR 36)
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To: Peanut Gallery

ping

Reminder to vote HELL NO on the constitutional amendment to turn public universities into “research” institutions which will then immediately forget about educating the students they were originally created to serve.


24 posted on 10/30/2009 5:04:15 AM PDT by Professional Engineer (You get the award for *bringing everything including the kitchen sink* ; ~ Mylife)
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