By: Workman H.B. No. 3396
A BILL TO BE ENTITLED
AN ACT
relating to the rendition of certain property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.01 (c) and (d), Tax Code, is amended
by adding subsections (c-1), (c-2), and (d-1) as follows:
(c) A person may render for taxation any property that he
owns or that he manages and controls as a fiduciary on January 1,
although he is not required to render it by Subsection (a) or (b) of
this section.
(c-1) For the purposes of this section, "Secured party" is
defined in Section 9.102, Business and Commerce Code and "security
interest" is defined in Section 1.201, Business and Commerce Code.
(c-2) With the consent of the property owner, a secured
party may render for taxation any property of the property owner in
which such secured party has a security interest as of January 1,
although he is not required to render it by subsection (a) or (b).
This subsection only applies to property that had a cost when new of
more than $50,000.
(d) A fiduciary who renders property shall indicate his
fiduciary capacity and shall state the name and address of the
owner.
(d-1) A secured party who renders property shall indicate
his capacity and shall state the name and address of the owner. A
secured party is entitled to rely upon the property owner with
respect to the accuracy of the rendition statement, the district in
which such rendition statement is filed and compliance with any
provisions of this chapter required the property owner to supply
additional information. The secured party shall not be liable for
any false information on the rendition statement supplied by the
property owner or the failure to timely file the rendition
statement if the property owner fails to promptly cooperate with
the secured party.
SECTION 2. Section 22.24(e), Tax Code, is amended as
follows:
(e) To be valid, a rendition or report must be sworn to
before an officer authorized by law to administer an oath. The
comptroller may not prescribe or approve a rendition or report form
unless the form provides for the person filing the form to swear
that the information provided in the rendition or report is true and
accurate to the best of the person's knowledge and belief. This
subsection does not apply to a rendition or report filed by a
secured party as defined in Section 9.102, Business and Commerce
Code, the property owner, an employee of the property owner, or an
employee of a property owner on behalf of an affiliated entity of
the property owner.
SECTION 3. This Act takes effect January 1, 2014.