2009
10.19

The American’s for Prosperity have published an excellent article on three important State Constitution Amendments on the November 3rd ballot:  Propositions 2, 3 and 5.

State Propositions 2, 3 and 5 Protect Texas Homeowners Against Property Tax Appraisal Abuse

AUSTIN – Americans for Prosperity is encouraging Texas voters to support State Constitution Amendment Propositions 2, 3 and 5 on Election Day, Nov. 3.

“Texas taxpayers need protection against property tax appraisal abuses,” said AFP State Director Peggy Venable. “The property tax appraisal process is confusing. Anyone who protested the value of their home knows the deck is stacked against the property taxpayer.”

AFP pushed for State Propositions 2, 3 and 5 during the 81st Texas Legislature. These three reforms resulted from legislative interim studies of property tax appraisal reform.

“We participated in hearings held across the state and, along with residential and business property owners alike, asked for these needed reforms,” Venable said. “Propositions 2, 3 and 5 will benefit property taxpayers. These three propositions will protect against runaway residential appraisals, ensure appraisal equity statewide, and streamline appraisal district appeal operations.”

AFP recently uncovered an e-mail chain letter spreading misinformation about what these amendments will actually do. The e-mail claims that the propositions will create a state property tax. But the Texas Constitution states in Article 8, Section 1-e that “no State ad valorem taxes shall be levied upon any property within this State.”

Facts about the proposed Constitutional amendments:

Proposition 2 requires the property tax of a residence homestead be solely based on the property’s value as a residence homestead ‐ regardless of what it might be worth if purchased for a different use, such as an office or business. This proposal is a response to residence homesteads being appraised based on what a person’s homestead would be worth if it were converted to commercial property. It applies only to residential homesteads and not to second homes or investment properties.

Proposition 3 provides for uniform property tax appraisal standards and procedures to be used by County Appraisal Districts. Currently, property tax appraisal practices and procedures vary widely across the state. This proposition will provide for the equitable treatment of all property owners by ensuring that taxable property is appraised in the same manner no matter where it is located in the state.

Proposition 5 makes it easier to form appraisal review boards for protest hearings. This proposition will allow two or more adjoining county property tax appraisal districts, if they so choose, to consolidate appraisal review board functions. The voluntary ability to consolidate smaller county appraisal review boards will help resolve property tax appraisal protests more quickly and make protesting appraisals more convenient for property owners, especially in lesser-populated areas of Texas.

“As taxpayer advocate for 15 years, I believe these are the most significant reforms for property taxpayers in 30 years. Texans need these new protections against property tax appraisal abuse,” Venable said. “we want taxpayers to know the facts, and we support Propositions 2, 3 and 5.”

-American’s for Posperity

While your at it, remember to vote for Proposition 11 which will add some degree of protection to property owners from the government’s abuse of Eminent Domain:

Proposition 11
(HJR 14 – #1)

HJR 14 would amend the constitution to provide that the taking of private property for public use (“eminent domain”) is authorized only if it is for the ownership, use, and enjoyment of the property by the State, its political subdivisions, the public at large, or by entities granted the power of eminent domain, or for the removal of urban blight. The amendment would prohibit the taking of private property for transfer to a private entity for the purpose of economic development or to increase tax revenues. The amendment would also limit the legislature’s authority to grant the power of eminent domain in the future unless it is approved by a two-thirds vote of all the members elected to each house.

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.”

It won’t help those who are fighting against the LTISD in instances such as the Grumbel’s Eminent Domain fiasco, but it will be a step in the right direction.

Wasn’t Susan Bohn so helpful to the district in the district’s last Eminent Domain fiasco?

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