Texas 2009 - 81st Regular

Texas House Bill HB2016 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R10156 TRH-F
2	2	By: Villarreal H.B. No. 2016
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of the use of land appraised for ad
8	8	valorem tax purposes as agricultural land.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 251.002, Agriculture Code, is amended to
11	11	read as follows:
12	12	Sec. 251.002. DEFINITIONS. In this chapter:
13	13	(1) "Agricultural improvement" means pens, barns,
14	14	fences, and other improvements designed for the sheltering,
15	15	restriction, or feeding of animal or aquatic life, for storage of
16	16	produce or feed, or for storage or maintenance of implements.
17	17	(2) "Agricultural land" means land that qualifies for
18	18	appraisal under Subchapter D, Chapter 23, Tax Code.
19	19	(3) [(1)] "Agricultural operation" means any
20	20	operation conducted on agricultural land, and includes the
21	21	following activities:
22	22	(A) cultivating the soil;
23	23	(B) producing crops for human food, animal feed,
24	24	planting seed, or fiber;
25	25	(C) floriculture;
26	26	(D) viticulture;
27	27	(E) horticulture;
28	28	(F) silviculture;
29	29	(G) wildlife management;
30	30	(H) raising or keeping livestock or poultry; and
31	31	(I) planting cover crops or leaving land idle for
32	32	the purpose of participating in any governmental program or normal
33	33	crop or livestock rotation procedure.
34	34	(4) [(2)] "Governmental requirement" includes any
35	35	rule, regulation, ordinance, zoning, or other requirement or
36	36	restriction enacted or promulgated by a county, municipality
37	37	[city], or other municipal corporation that has the power to enact
38	38	or promulgate the requirement or restriction. The term does not
39	39	include a rule, regulation, ordinance, zoning, or other requirement
40	40	or restriction adopted under Chapter 212, 232, or 242, Local
41	41	Government Code.
42	42	SECTION 2. Chapter 251, Agriculture Code, is amended by
43	43	adding Sections 251.0021 and 251.007 to read as follows:
44	44	Sec. 251.0021. NOTICE OF PRESENCE OF AGRICULTURAL OPERATION
45	45	ON AGRICULTURAL LAND. A county, municipality, or other municipal
46	46	corporation may require the owner of agricultural land to file an
47	47	affidavit attesting to the land's use for an agricultural
48	48	operation, if the land is located:
49	49	(1) within the boundaries of the county, municipality,
50	50	or municipal corporation; or
51	51	(2) within the extraterritorial jurisdiction of the
52	52	municipality.
53	53	Sec. 251.007. CHANGE OF USE OF LAND. (a) If a county,
54	54	municipality, or municipal corporation with which an affidavit
55	55	under Section 251.0021 is filed determines that the use of land is
56	56	changed to a nonagricultural use, the county, municipality, or
57	57	municipal corporation may apply its governmental requirements to
58	58	the land for the five years preceding the date on which the use of
59	59	the land is determined to have changed. Any mitigation required by
60	60	governmental requirements applied under this section shall be
61	61	amortized using the straight line method, for a period not to exceed
62	62	five years.
63	63	(b) An affidavit required under Section 251.0021 must
64	64	include a statement as to the established date of operation. In
65	65	determining whether the use of land has changed to a
66	66	nonagricultural use, a county, municipality, or municipal
67	67	corporation shall evaluate the established date of operation
68	68	according to the statement. A period of time during which land is
69	69	owned by this state may not be considered in making the
70	70	determination.
71	71	(c) A county, municipality, or municipal corporation that
72	72	determines that land is no longer used for an agricultural use shall
73	73	deliver notice of that determination not later than the 20th day
74	74	after the date the determination is made. Notice under this section
75	75	must include:
76	76	(1) the land's established date of operation;
77	77	(2) the date on which the county, municipality, or
78	78	municipal corporation determined that the land's use is changed to
79	79	a nonagricultural use;
80	80	(3) a statement of each applicable governmental
81	81	requirement;
82	82	(4) a statement of each applicable fee and mitigation
83	83	option; and
84	84	(5) an explanation of the landowner's right to protest
85	85	the determination.
86	86	(d) The owner of land may file a protest of a determination
87	87	under this section not later than 30 days after the determination is
88	88	made. The county, municipality, or municipal corporation that
89	89	makes a determination under this section that use of the
90	90	agricultural land has changed to a nonagricultural use shall hear
91	91	and determine the landowner's protest not later than the 20th day
92	92	after the date that the protest was received.
93	93	(e) On a final determination that use of the agricultural
94	94	land has been changed to a nonagricultural use, the county,
95	95	municipality, or municipal corporation making the determination
96	96	shall attach a lien to the land to secure payment of all applicable
97	97	fees, mitigation options, or a combination of fees and mitigation
98	98	options.
99	99	SECTION 3. Section 251.006(c), Agriculture Code, is
100	100	repealed.
101	101	SECTION 4. The change in law made by this Act applies only
102	102	to land that is first approved for appraisal under Subchapter D,
103	103	Chapter 23, Tax Code, on or after the effective date of this Act.
104	104	SECTION 5. This Act takes effect September 1, 2009.