Johnny Morrow

Important issues for Texas homeowners
SEPT. 28, 2009

Lost in translation
By GABRIEL LOPEZ

On Nov. 3, 2009, the voters of Texas will once again have an opportunity to take a stand against the burdensome and uneven taxation of residential property. There are four amendments that will directly affect all property owners in the state, and the Texas Association of REALTORS® is imploring all homeowners to vote and be heard on these issues.

So what exactly are you voting for in this election cycle? If you're like me, you have on more than one occasion glanced at a proposed amendment, scratched your head, and had a bewildered look on your face. The language is so full of legislative jargon, and without background information, it is difficult at times to figure out the intent.

I'm sure that anyone who has ever seen an episode of Star Trek has probably wondered, "How is it that aliens from all across the galaxy can speak and understand English?" The television show explained this phenomenon through the use of an accepted convention in science fiction called a "universal translator." No matter what kind of gibberish was spoken, it would always come out as plain English. I have no doubt that anyone who has ever consulted with an attorney on a legal issue probably could've used something like this.

Yes, I am a lawyer. It is a much-maligned profession (and admittedly sometimes deserved). But in this case, I must rise to our defense. Believe it or not, there is a reason why the language of statutes and proposed amendments is so seemingly convoluted. Every word has to be carefully considered and painstakingly analyzed to make sure it meets constitutional requirements, is not overly ambiguous, and will not be misconstrued.

That being said, legalese is definitely not the best way to convey information to voters. So that is why I, your friendly neighborhood association legal counsel, will act as your universal translator for the upcoming election on the proposed constitutional amendments. I'm only going to translate those propositions on the Nov. 3 statewide ballot that directly affect homeowners. By the way, just to be clear, I urge you to join Texas REALTORS® in voting for all of these. Here we go ...

Proposition 2
Legalese: 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.

Translation: 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 a Spock-like, eyebrow-raising experience the next time you get your appraisal. Proposition 2 will fix this problem, mandating that a residence be appraised only as a residence, regardless of what the highest and best use of the property may be.

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

Translation: 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
Legalese: The constitutional amendment authorizing the legislature to establish a single board of equalization for two or more adjoining appraisal entities that elect to provide for consolidated equalizations.

Translation: 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
Legalese: 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.

Translation: 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 by a two-thirds vote of the Texas Legislature.

Now that you're armed with your very own universal translator, you can take the steps to live long and prosper. I'd start by voting for propositions 2, 3, 5, and 11 on the Nov. 3 ballot!

The 2009 Real Estate Market Report as provided by the Real Estate Center At Texas A&M University.

Here are the real estate market reports for the state's 25 Metropolitan Statistical Areas (MSAs). The reports cover census data, employment and unemployment, major industries, business climate, education, transportation and infrastructure issues, growth patterns and much more. Best of all, they are available from the Center's website for free.

http://recenter.tamu.edu/mreports/SanAntonio.pdf

My wife suggested to me to go running this morning. I was not enthused about it, but went anyway. It was my wife after all. It was so hard to get started. I tried to delay by stretching extra in the hopes that she would get tired of waiting and take off without me. But my delay tactics were to no avail. She patiently waited for me. Finally we started... Ohhh the agony of running. It is so boring! but I endured. As we ran along, it actually got easier, as I found my "stride". I thought, "heck, I could do this!" And I could. It was exhilerating! I was actually enjoying myself, once I got going.

Sometimes the hardest thing to do is get started. We prep, get ready to get started to plan to get ready to get started.... Sometimes we have to just jump in!

I recently became a facebooker, about 5 months ago. I didn't think I would ever start networking on line with people, but the implications of meeting old friends was very attractive. Add to that the possibility of helping people with their real estate, and making some income, I had to jump in.

I was concerned about hitting people in the face with
"choose me for al your real estate needs" I mean, most people I networked there with were looking for old friends or new friends, not a salesman. so I tried to keep it real, as in, keep myself real. I have been careful though not to get into politics or say dumb things, and for me that was a little easier said then done. But all things considered, it has been great.

I have touched base with over 180 people that I have known throughout my life, and it has been interesting seeing where certain people have ended up. The smartest girl in school whom we all new would be the next CEO at neimun marcus, is a stay at home mom with 3 gorgeous kids and weekly Starbucks runs with the "girls". One of the sweetest and quietest girls in our class is now in India fighting for the rights of the impovershed.

People go their own way in life. I wonder what people thought would happen to me? And how they react now when they see me on facebook.

I have received my first lead from facebook. I went to highschool with him and he is going to be ready to buy in january. A time to reflect on old memories, talk about people we both new (like papa smurf and Scooby), and help him start on some new memories with his family. Isn't that what life is all about? Building memories with one another, and trying like hell not to forget them?

So, I am now asking myself this question? I have over 180 people I am friends with on Facebook. I was asked by my team leader Rick Frey, why did I not call them and let them know I am in real estate and see if I could help them. My first thought was "No Way!" I haven't talked to these people for over 20 years, I can't just say "hey, can I make some money off of you?" (not so bluntly of course) Rick asked me why not?

I care sometimes too much about what other people think of me. But why? My character is in place. I have integrity. Why should I care what other people think? As long as I always do the right thing, and for the most part I do (I am human).

Just think of the possibilities of making some new friends all over again. These people did like me at one time. They did accept me as a friend on facebook, that's gotta count for something. Worse case scenario.... there I go again with fear. We have to start thinking with the "BEST CASE SCENARIO" Attitude. Why not? It's our life and we are in control!

Who is in control of yours? Fear has been in control of mine before, and he visits me every once in a while. But not nearly as often as he used to. Success visits me more often now. Success likes me. Success is a welcome breath of fresh air. I think I'll open my windows and let Success in more often. I mean, they are my windows after all, and I can let whomever into my thoughts that I choose.

I look forward to speaking with all my old friends. I'll let you know how that turns out.

Gotta go, Success is waiting for me!

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