Texas 2013 83rd Regular

Texas House Bill HB1897 Comm Sub / Bill

                    83R19691 TJB-F
 By: Eiland H.B. No. 1897
 Substitute the following for H.B. No. 1897:
 By:  Hilderbran C.S.H.B. No. 1897


 A BILL TO BE ENTITLED
 AN ACT
 relating to the exemption from ad valorem taxation of pollution
 control property.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 11.31(i), Tax Code, is amended to read as
 follows:
 (i)  A chief appraiser may not accept an application for an
 exemption authorized by this section and a property owner is not
 entitled to the exemption unless the property owner provides to the
 chief appraiser at the time the property owner files the
 application [A person seeking an exemption under this section shall
 provide to the chief appraiser] a copy of the letter issued by the
 executive director of the Texas Commission on Environmental Quality
 under Subsection (d) determining that the facility, device, or
 method is used wholly or partly as pollution control property. The
 chief appraiser shall accept a final determination by the executive
 director as conclusive evidence that the facility, device, or
 method is used wholly or partly as pollution control property. A
 property owner is not entitled to an exemption authorized by this
 section, or to relief for the denial of the exemption, in whole or
 in part, for any tax year preceding the tax year in which the
 property owner satisfies the requirements of this subsection.
 SECTION 2.  The changes in law made by this Act apply only to
 an application for an exemption that is pending before a chief
 appraiser on the effective date of this Act or is filed with a chief
 appraiser on or after the effective date of this Act. An
 application for an exemption that is filed with a chief appraiser
 before the effective date of this Act and is not pending on the
 effective date of this Act is governed by the law in effect when the
 application was filed, and the former law is continued in effect for
 that purpose.
 SECTION 3.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution.  If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2013.