Texas House Bill HB3614

Texas 2011 - 82nd Regular

• Introduced: 3/11/11
• Refer: 3/23/11

Caption

Relating to the interest rate on a refund of ad valorem taxes made following the final determination of an appeal that decreases a property owner's tax liability.

Impact

This legislation will impact the financial operations of local taxing units, as it requires them to adjust their refund processes to comply with the updated interest rate guidelines. By instituting a clear formula tied to treasury bill rates, the bill aims to provide property owners with a more predictable and fair compensation process during tax refund situations. This could lead to variations in budgetary allocations for taxing units, especially those that manage significant numbers of appeals related to property tax exemptions.

Summary

House Bill 3614 focuses on adjusting the interest rates on refunds of ad valorem taxes that are issued after appeals result in a decrease in a property owner's tax liability. The bill amends Section 42.43(b) of the Texas Tax Code to specify that refunds made following the granting of an exemption shall include interest calculated based on the auction average rate for three-month treasury bills. This interest rate will not exceed 10%, promoting fairness in tax refunds by ensuring property owners receive adequate compensation for delayed refunds.

Sentiment

The sentiment surrounding HB3614 appears to be generally positive among property owners and taxpayer advocates, who appreciate the move towards more equitable tax refund practices. This proposed change is seen as a necessary step to protect taxpayers from potentially long delays without fair returns on the amounts owed. However, local taxing officials may express concerns about the financial implications for their budgets and need for adequate planning to manage the impact of the increased interest liability.

Contention

A potential point of contention regarding this bill involves its implications for revenue collection and the administration of property taxes by local governments. By mandating a specific method of calculating interest on tax refunds, local entities may feel that their discretion in handling financial matters has been limited. Additionally, some legislators may question whether this change will significantly affect the behavior of property owners in filing appeals and how this will ultimately affect local tax revenues.