| 1 | 1 | | 81R11587 SMH-D |
|---|
| 2 | 2 | | By: Homer H.B. No. 3000 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the eligibility of a heavy equipment dealer to receive a |
|---|
| 8 | 8 | | refund or credit for the overpayment of ad valorem taxes. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 23.1242(i), Tax Code, is amended to read |
|---|
| 11 | 11 | | as follows: |
|---|
| 12 | 12 | | (i) If the amount in the escrow account is not sufficient to |
|---|
| 13 | 13 | | pay the taxes in full, the collector shall apply the money to the |
|---|
| 14 | 14 | | taxes and deliver to the owner a tax receipt for the partial payment |
|---|
| 15 | 15 | | and a tax bill for the amount of the deficiency together with a |
|---|
| 16 | 16 | | statement that the owner must remit to the collector the balance of |
|---|
| 17 | 17 | | the total tax due. If the amount in the escrow account exceeds the |
|---|
| 18 | 18 | | amount of the taxes due, the owner, at the owner's election, is |
|---|
| 19 | 19 | | entitled to receive: |
|---|
| 20 | 20 | | (1) a refund of the excess amount; or |
|---|
| 21 | 21 | | (2) a credit in the amount of the excess amount to be |
|---|
| 22 | 22 | | credited to the owner's escrow account for prepayment of taxes |
|---|
| 23 | 23 | | imposed in the following tax year. |
|---|
| 24 | 24 | | SECTION 2. This Act applies only to the payment of taxes |
|---|
| 25 | 25 | | imposed in 2009 or a subsequent tax year. |
|---|
| 26 | 26 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 27 | 27 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 28 | 28 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 29 | 29 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 30 | 30 | | Act takes effect September 1, 2009. |
|---|