89th Legislature

HB 247

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 247 creates a new property tax exemption for certain real property located in Texas counties that border Mexico. Specifically, it exempts from ad valorem (property) taxation the increase in appraised property value resulting from the construction or installation of "border security infrastructure." This includes items like walls, fences, barriers, surveillance equipment, and related improvements designed to impede or monitor cross-border movement.

To qualify for the exemption, the infrastructure must either be built under a formal agreement between the property owner and the State of Texas or the U.S. government, or be located on land subject to a recorded easement granted for border security purposes. The bill also permits these agreements to include non-border infrastructure improvements as long as they are included in the written agreement.

Additionally, the bill amends Section 11.43 of the Tax Code to ensure that once this exemption is granted, it does not need to be reapplied for annually unless ownership or qualifying status changes. This streamlines the exemption process, aligning it with other long-term property tax exemptions under Texas law.

Overall, the bill incentivizes private landowners to cooperate with state and federal border security initiatives by offering financial relief through tax exemptions while reinforcing property rights and encouraging voluntary participation in public safety infrastructure development.

The Committee Substitute for HB 247 reflects several notable changes from the originally filed version of the bill. Both versions aim to provide an ad valorem tax exemption for property owners in Texas border counties who install or allow the installation of border security infrastructure. However, the substitute version introduces important clarifications and structural refinements.

First, the original version of the bill provided for the exemption without specifying the inclusion of “related improvements” or referencing additional infrastructure beyond the core border security function. The Committee Substitute adds flexibility by allowing a qualified agreement to also include non-border security-related improvements, broadening the scope of the exemption beyond just border barriers or surveillance systems.

Second, in Section 23.013 of the Tax Code, the substitute version includes a new provision that prohibits chief appraisers from using the price paid by the state or federal government for acquiring property or easements for border infrastructure as comparable in appraising similar properties. This addition seeks to prevent inflated property tax valuations based on eminent domain acquisitions, offering further protection for neighboring landowners.

Third, while the original bill contained the basic exemption framework in Section 11.38, the substitute expands Section 11.43(c) to explicitly list the new exemption and ensure it follows the standard rule that once granted, the exemption does not need to be refiled annually unless ownership or eligibility changes. This change ensures administrative consistency and long-term clarity for property owners and appraisal districts.

Finally, the substitute bill includes a contingent effective date—January 1, 2026—subject to voter approval of a constitutional amendment. This addition acknowledges that the proposed property tax exemption must be constitutionally authorized before taking effect, adding a safeguard to ensure legal validity.

Overall, the substitute version strengthens the bill’s legal durability, enhances property owner protections, and provides additional clarity on appraisal practices and exemption permanence.
Author
Ryan Guillen
Co-Author
Carrie Isaac
Sponsor
Mayes Middleton
Co-Sponsor
Adam Hinojosa
Lois Kolkhorst
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 247 will have no significant fiscal impact on the state. However, the bill does have some noteworthy fiscal effects, particularly on local governments and school finance.

At the state level, any reduction in property tax revenue for school districts—resulting from the exemption of property value increases due to border infrastructure—would slightly increase state costs through the school finance formula. Since the state helps offset losses in local revenue to maintain education funding levels, reduced property values would trigger greater state funding responsibility. Nonetheless, these costs are not expected to be significant.

At the local level, jurisdictions such as counties, cities, and special districts in the affected border counties could see a decrease in taxable property values if the exemption is widely used. This would likely lead to higher no-new-revenue and voter-approval tax rates under the Tax Code to maintain revenue levels. If these local governments do not increase their tax rates accordingly, local tax levies will decline. Alternatively, if they do increase rates, it would shift some of the tax burden to other property owners whose land is not exempt under this bill.

The fiscal note also points out that existing construction activity in several counties—such as Cameron, Starr, Zapata, Webb, Maverick, and Val Verde—suggests that the exemption could be immediately relevant to a non-trivial number of properties, adding some urgency and practical relevance to the policy proposal.

Vote Recommendation Notes

HB 247 represents a thoughtful balance between incentivizing voluntary participation in state and federal border security efforts and protecting the rights and financial interests of private property owners. The bill addresses a very specific policy concern—namely, the unintended property tax burden placed on landowners who install or permit the construction of border infrastructure. By creating a narrowly tailored property tax exemption, HB 247 aligns well with principles of limited government, private property rights, and individual liberty.

The Committee Substitute improves upon the originally filed version by introducing greater precision and administrative clarity. Notably, it defines a "qualified border security infrastructure agreement" and limits the exemption strictly to property in counties bordering Mexico. It also removes overly prescriptive or burdensome provisions from the introduced version, such as termination triggers for the exemption and rulemaking requirements for the Comptroller. These changes simplify implementation and reinforce the voluntary nature of the arrangement, thus minimizing regulatory overhead.

The bill has no significant fiscal implication for the state and only modest potential impact on local tax revenues, which could be mitigated through adjustments in local tax rates. The Legislative Budget Board and Comptroller anticipate minimal disruption to state finances, and the bill’s effective date is sensibly contingent on voter approval of a related constitutional amendment.

Given these factors, HB 247 supports private initiative and public safety cooperation while protecting taxpayers from unintended financial consequences. It adheres to core Texas values of limited government and respect for private property, and as such, Texas Policy Research recommends that lawmakers vote YES on HB 247.

  • ​Individual Liberty: The bill enhances individual liberty by allowing property owners to voluntarily enter into agreements with the state or federal government to host border security infrastructure without incurring increased property tax burdens. It respects the autonomy of individuals to use their land as they see fit while protecting them from financial penalties that could otherwise discourage civic cooperation.
  • Personal Responsibility: The bill encourages property owners to actively participate in efforts to improve public safety, particularly border security, through voluntary partnerships. It exemplifies a model where citizens contribute to community and state objectives while maintaining ownership and control of their land, reinforcing a culture of personal initiative.
  • Free Enterprise: While the bill doesn't directly regulate or deregulate market activity, it avoids interfering with economic decisions by ensuring that property tax exemptions apply only to voluntary improvements. This maintains a neutral stance toward economic liberty while avoiding disincentives that could chill property improvements beneficial to public infrastructure.
  • Private Property Rights: A core element of the bill is its protection of property owners from unintended tax increases due to public infrastructure development on their land. It prevents the use of inflated government purchase prices in comparable sales analyses for appraisal purposes, further safeguarding property valuation fairness. This reinforces the principle that private property should not be devalued or penalized for serving a public good.
  • Limited Government: The bill does not create new regulatory agencies, mandates, or enforcement powers. It creates a narrowly scoped tax exemption based on voluntary agreements and includes clear statutory boundaries. It avoids mission creep or expansive bureaucratic oversight, thereby respecting the role of minimal, purposeful governance.
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