HJR 36

[Yankee_in_TX]

I received a spam mail today, from some pretty intelligent people. Unless I am REALLY missing something, HJR is about whether a property's appraisal value should take into account the 'highest and best use' of the property and combining appraisal districts.

http://www.hro.house...81r/hjr0036.pdf

1. WTH am I getting e-mails telling me the state is going to levy property taxes if this passes?

2. Will this proposition affect most Houston homeowners?

(sorry, it really annoys me someone actually believes that the folks in Austin are sneaking a state wide property tax in and no one has noticed but the genius drafter of the e-mail I got)

Edited October 19, 2009 by Yankee_in_TX

[EMME]

I received a spam mail today, from some pretty intelligent people. Unless I am REALLY missing something, HJR is about whether a property's appraisal value should take into account the 'highest and best use' of the property and combining appraisal districts.

http://www.hro.house...81r/hjr0036.pdf

1. WTH am I getting e-mails telling me the state is going to levy property taxes if this passes?

2. Will this proposition affect most Houston homeowners?

(sorry, it really annoys me someone actually believes that the folks in Austin are sneaking a state wide property tax in and no one has noticed but the genious drafter of the e-mail I got)

From what I can tell, propositions 2 and 3 are paving the way for states taxes to be levied on residential properties.

[Yankee_in_TX]

From what I can tell, propositions 2 and 3 are paving the way for states taxes to be levied on residential properties.

Am I going to have to eat crow? The e-mail I got said Props 2 and 3 come from HJR 36.... (goes to Google more)

Nope - depends how you read it. I don't read it that way, but I guess it doesn't mean the legs. will down the road. They should change the language.

Edited October 19, 2009 by Yankee_in_TX

[Yankee_in_TX]

Am I going to have to eat crow? The e-mail I got said Props 2 and 3 come from HJR 36.... (goes to Google more)

Nope - depends how you read it. I don't read it that way, but I guess it doesn't mean the legs. will down the road. They should change the language.

This is how I read it:

Prop 2 states "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."

What this means, in layman's terms, is that appraisal districts will be required to appraise your home as a home.

http://www.empowertexans.com/node/1053

[EMME]

This is how I read it:

http://www.empowertexans.com/node/1053

It's confusing. I can see how it can be read both ways. Would like clarification.

Edited October 19, 2009 by EMME

[rbarz]

There have been problems with counties appraising property for its highest and best use and even taking away homestead rates in certain instances. For example, you live in a 1920s bungalow on Montrose (or Washington Ave or Shepherd, etc) instead of HCAD valuing the house as a residential home with the homestead discount, they value it as a commercial business because that is its "highest and best use". Then, you get a surprise in the mail when your tax bill shows up and instead of $2400 a year it jumps to $12,000.

This proposition would require the taxing authorities to only tax your home as a home.

[musicman]

1. WTH am I getting e-mails telling me the state is going to levy property taxes if this passes?

who sent them? a local taxing entity by chance?

[Yankee_in_TX]

.......so I am not an idiot and the bill says what I think it says and the plain language seems to say?

[mkultra25]

Lisa Falkenberg had a column in yesterday's Chron about these anti-Prop-2/3 emails:

E-mails are sheep in wolves' clothing

[EMME]

http://www.chron.com/disp/story.mpl/politics/6672888.html

According to this it does not lay the way for state taxing. In fact, it makes it possible for residences in commercial areas to be appraised as residences and not at "highest and best use" values.

[rbarz]

1. WTH am I getting e-mails telling me the state is going to levy property taxes if this passes?

The proposition is to help you not get hammered by your local taxing agency.

There is no state property tax in this proposition.

2. Will this proposition affect most Houston homeowners?

No. Very few. Only ones whose house would have a highest and best use other than residential homestead.

[rbarz]

Dear Robert,

Early Voting begins, TODAY, Monday, October 19 in the Texas Constitutional Amendments Election. Several measures have been endorsed by the Texas Association of REALTORS which represent significant appraisal reform and protection of private property rights.

Please cast your vote FOR Propositions 2, 3, 5, 9 and 11. Early voting begins October 19 and ends October 30. Election day is November 3. Contact your county voter registrar’s office for early Voting locations in your community.

Propositions 2, 3, and 5 have fallen victim to a malicious and deliberate misinformation campaign which is meant to prey on the fears of uninformed voters in hopes that they will not actually read the proposals. Here is what they do:

Proposition 2: Homeowners in Texas are well aware of astronomical increases in appraised values. These increases can be made ever worse when chief appraisers choose to bypass taxing a property as homestead, and base their taxes on the “highest and best use” of the property. Proposition 2 protects homeowners, who happen live in or near commercial areas, by mandating that their residence be appraised only as a residence, regardless of what the highest and best use of the property might be.

Proposition 3: Current law requires that standards and procedures for the appraisal of property to originate in the county were the tax is imposed. As a result property owners are often victimized by a hodgepodge of inconsistent rules and standards throughout the state. This constitutional amendment corrects this problem by simply requiring an appraisal district to follow standard appraisal methods and procedures.

Proposition 5: Appraisal review boards have the responsibility to resolve disputes between property owners and county appraisal districts when the taxable value of a property is being challenged. The property owner is always best served when the review boards are comprised of members who understand the issues and complexities of property valuations. Some rural counties have difficulty finding board members to meet these standards. This constitutional amendment will simply give these counties the option to pool together their qualified applicants to better ensure the property owner that their appraisal appeal is being handled professionally and timely.

Proposition 9: This proposal would amend the Texas Constitution, to establish that the public has an unrestricted right to access and use a public beach, strengthening the state’s long-standing policy which has been around since before Texas was even a state. Texas has one of the strongest coastal access laws in the nation. Putting this language in the Texas Constitution would ensure that the state’s Public Beaches Act is protected from future tampering without the consent of Texas voters. Why do Texas REALTORS care? The Texas Coast is a gem because of its public beaches. Texans cherish having that access and tourists flock to beach communities each year, bringing in tax dollars and economic development which support local communities.

Proposition 11: Both the U.S. and the Texas Constitution authorize the power of eminent domain. This power allows a governmental entity to take private property as long as it is for a “public use” and the owner is adequately compensated. This amendment would narrow the scope under which private property could be taken by eminent domain. It essentially would eliminate the taking of private property for either private economic development (e.g., a shopping mall) or to boost tax revenues. It also provides that the power of eminent domain could be granted only by a two-thirds vote of the Texas Legislature.

If you need additional background materials to share with other Texas REALTORS® and consumers, you can access a layman’s explanation. You can also download a promotional flier for Props 2, 3 and 5.

Don’t believe us? Read the Houston Chronicle’s endorsement of Props 2, 3 and 5 or read Rep. John Otto’s press release regarding this stealth misinformation campaign.

You can also read the Texas Legislative Council’s thorough explanation on all 11 proposed constitutional amendments.

Don't forget to pass this on by clicking on the Tell-A-Friend link.

Visit the web address below to remind your friends to vote.

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[LTAWACS]

It smells fishy because the realtors endorse it. It seems to me that because they work on commission, they would want the highest price tag of a property to stick.

[rbarz]

It smells fishy because the realtors endorse it. It seems to me that because they work on commission, they would want the highest price tag of a property to stick.

That is a contradictory statement. Apparently you are misunderstanding what this proposition stands for. If you vote for proposition 3 it is reducing the amount they can tax the homeowner because there will be no tax for "highest and best" use. If you vote for prop 3 the little old lady in the house on Heights Blvd can keep her over 65 homestead reduction and only pay the $1,500 in property taxes. If you vote against prop 3 then the little old lady can lose her over 65 homestead reduction, lose the 10% cap on value increases, and pay $18,000 in taxes because her property's highest and best use would be a commercial law firm.

TAR is trying to protect property rights...

Edited November 3, 2009 by rbarz

[Specwriter]

Below is taken directly from a page on Senator Dan Patrick's web site. If you know Senator Patrick you know that he is a very conservative, anti-tax legislator. His explanations of the amendments are as clear as any I have seen. I seriously doubt that he would be endorsing anything he thought would lead to increased taxes.

Proposition 2: "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."

Voting recommendation: For. I was the co-sponsor of this bill in the Senate. If passed, this will provide protection for homeowners whose neighborhoods are in transition from residential to commercial developments. It will provide for taxation of property to be determined solely on the basis of the property's value as a residence, regardless of whether that use is considered to be the "highest and best use" of the property. Residence homesteads throughout the state have experienced increasing appraisal values, in some instances more than 200 percent in one year, due to the appraisal practice known as "highest and best use."

Proposition 3: "The constitutional amendment providing for uniform standards and procedures for the appraisal of property for ad valorem tax purposes."

Voting recommendation: For. I was a co-sponsor of this bill as well. Property tax practices vary across the state. This provides for the administration and enforcement of uniform standards.

Proposition 5: "The constitutional amendment authorizing the legislature to authorize a single board of equalization for two or more adjoining appraisal entities that elect to provide for consolidated equalizations."

Voting recommendation: For. I was a co-sponsor of this bill in the Senate. The prerequisites to serve on an appraisal review board are minimal, and the number of people familiar with the appraisal of property is limited in any one county. The appraisal review process would benefit from the consolidation of appraisal review boards in rural counties that currently have a small amount of qualified board members.