Texas 2023 - 88th Regular

Texas House Bill HB4463

Filed
3/9/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the authority to file an application for certain ad valorem tax exemptions after the filing deadline if an exemption for the property was previously canceled because it was erroneously granted.

Impact

The amendment facilitates a clearer and more equitable path for nonprofits to regain lost tax exemptions without facing additional penalties or barriers due to missed deadlines associated with their previous exemptions. Organizations that qualify can apply for exemptions for the year their exemption was canceled or any earlier year within a seven-year window from the cancellation date. This proactive approach aims to lessen financial burdens on nonprofit organizations devoted to affordable housing, promoting stability and sustainability in these vital services.

Summary

House Bill 4463 proposes changes to the Texas Tax Code, specifically allowing nonprofit charitable organizations that provide low-income housing to submit applications for property tax exemptions after the usual deadline if their prior exemption was mistakenly canceled. This provision aims to provide relief to organizations that may have lost tax benefits due to administrative errors, ensuring that they can still access these critical resources even after the typical timeframe has passed.

Sentiment

The sentiment surrounding HB 4463 appears to be cautiously optimistic among proponents, particularly those involved in nonprofit housing sectors. Supporters argue that the bill addresses a nuanced issue that may not affect a large number of organizations but is critically important for those it does. They underscore the significance of fair treatment in tax matters for charitable entities dedicated to low-income housing and the need for regulatory flexibility to correct genuine clerical mistakes.

Contention

While the bill has received general support, there are concerns regarding the administrative burden that could arise from allowing late applications for tax exemptions. Some stakeholders may question the effects on local tax revenues, especially if a significant number of organizations utilize this provision. Additionally, there is a broader discussion about how such amendments could introduce discrepancies in how tax laws are applied and enforced among different organizations, potentially leading to disputes over valid claims and the capacity of administrative agencies to handle increased application loads.

Texas Constitutional Statutes Affected

Tax Code

  • Chapter 11. Taxable Property And Exemptions
    • Section: 436
    • Section: 436

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.