UPDATE: Each of the property rights propositions discussed below gained voter approval in statewide voting. The property tax system in Texas will be improved for the taxpayer as a result.
Original Post:
On November 3rd Texans will have an opportunity to approve four significant changes to the state constitution. These amendments have the potential to dramatically change the property tax structure of the state in a good way.
Gabriel Lopez, legal council for the Texas Association of Realtors analyzed these four propositions and translated them into common sense English to help each of us make an informed decision.
Here is a summary (excerpted from Mr. Lopez's article) of the bottom line meaning of each of these important propositions:
Proposition 2
The central appraisers are using a practice called “highest and best use,” which is a method that allows a property to be valued on potential use rather than the current use. Proposition 2 will mandate that a residence be appraised only as a residence, regardless of what the highest and best use of the property may be.
Proposition 3
Passing this amendment would allow the state to have direct enforcement and oversight over every appraisal district. This would ensure that there is uniformity of the appraisal processes across the state. This is important because state funding for public schools is based on the taxable property in each school district.
Proposition 5
The main responsibility of the board of equalization is to hear appeals of the appraised value to taxable property and to resolve disputes between taxpayers and the appraisal districts. Appraisal districts have had a difficult time appointing boards in rural counties. By allowing appraisal district to pool together their qualified applicants, it would enable those counties to ensure that the appraisal process is handled professionally and in a timely manner.
Proposition 11
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. Lastly, as of Jan. 1, 2010, the power of eminent domain could be granted only by a two-thirds vote of the Texas Legislature.
The entire article is available on line at Lost in Translation.






