Texas Association of REALTORS endorses proposed Constitutional amendments
During the recent Texas Association of REALTORS Convention, the association's Executive Board voted to endorse several proposed constitutional amendments important to property owners in the state of Texas. In an article on TexasRealEstate.com, the association's consumer site, attorney Gabe Lopez translates the supported amendments into plain language and explains why they're good for Texas property owners. Here's a summary of that article:
Proposition 2: If you're a homeowner in Texas, you are well aware of the astronomical increases in the appraised values throughout the state, especially if the property is not covered by zoning regulations. 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. So if your residence homestead happens to be near a new commercial development, you could have an eyebrow-raising experience the next time you get your appraisal. Proposition 2 will fix this problem, mandating that a residence be appraised only on as a residence, regardless of what the highest and best use of the property may be.
Proposition 3: There is currently a hodgepodge of rules and standards for appraisals throughout the 254 counties of Texas. 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; and if there were inconsistent appraisal methods among the counties, the state would have the power to establish uniformity. If this amendment were to pass, property owners in counties throughout the state could be assured that they were being evaluated in a similar manner. 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: Surprisingly, this one is actually pretty self-explanatory. 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. Lastly, as of Jan. 1, 2010, the power of eminent domain could be granted only be a two-thirds vote of the Texas Legislature.
See what supporters and opponents say about these proposals and read details on the rest of the proposed amendments to the Texas Constitution.The election is Tuesday, November 3. Early voting begins October 19 and ends October 30.
Vote for props 2, 3, 5, and 11 on Nov. 3
Texas REALTORS can help make a positive difference, long-term, for all private-property owners statewide by voting for propositions 2, 3, 5, and 11 in the November 3 election, and encouraging others to do the same.
Download a flier on propositions 2, 3, and 5, which are part of the Texas Association of REALTORS' appraisal reform package from this year's legislative session.