| 1 | 1 | | By: Hegar S.B. No. 1508 |
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| 2 | 2 | | (Workman) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the rendition of certain property for ad valorem tax |
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| 8 | 8 | | purposes. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 22.01, Tax Code, is amended by adding |
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| 11 | 11 | | Subsections (c-1), (c-2), and (d-1) to read as follows: |
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| 12 | 12 | | (c-1) In this section: |
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| 13 | 13 | | (1) "Secured party" has the meaning assigned by |
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| 14 | 14 | | Section 9.102, Business & Commerce Code. |
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| 15 | 15 | | (2) "Security interest" has the meaning assigned by |
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| 16 | 16 | | Section 1.201, Business & Commerce Code. |
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| 17 | 17 | | (c-2) With the consent of the property owner, a secured |
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| 18 | 18 | | party may render for taxation any property of the property owner in |
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| 19 | 19 | | which the secured party has a security interest on January 1, |
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| 20 | 20 | | although the secured party is not required to render the property by |
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| 21 | 21 | | Subsection (a) or (b). This subsection applies only to property |
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| 22 | 22 | | that has a historical cost when new of more than $50,000. |
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| 23 | 23 | | (d-1) A secured party who renders property under Subsection |
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| 24 | 24 | | (c-2) shall indicate the party's status as a secured party and shall |
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| 25 | 25 | | state the name and address of the property owner. A secured party |
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| 26 | 26 | | is not liable for inaccurate information included on the rendition |
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| 27 | 27 | | statement if the property owner supplied the information or for |
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| 28 | 28 | | failure to timely file the rendition statement if the property |
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| 29 | 29 | | owner failed to promptly cooperate with the secured party. A |
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| 30 | 30 | | secured party may rely on information provided by the property |
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| 31 | 31 | | owner with respect to: |
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| 32 | 32 | | (1) the accuracy of information in the rendition |
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| 33 | 33 | | statement; |
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| 34 | 34 | | (2) the appraisal district in which the rendition |
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| 35 | 35 | | statement must be filed; and |
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| 36 | 36 | | (3) compliance with any provisions of this chapter |
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| 37 | 37 | | that require the property owner to supply additional information. |
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| 38 | 38 | | SECTION 2. Subsection (e), Section 22.24, Tax Code, is |
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| 39 | 39 | | amended to read as follows: |
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| 40 | 40 | | (e) To be valid, a rendition or report must be sworn to |
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| 41 | 41 | | before an officer authorized by law to administer an oath. The |
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| 42 | 42 | | comptroller may not prescribe or approve a rendition or report form |
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| 43 | 43 | | unless the form provides for the person filing the form to swear |
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| 44 | 44 | | that the information provided in the rendition or report is true and |
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| 45 | 45 | | accurate to the best of the person's knowledge and belief. This |
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| 46 | 46 | | subsection does not apply to a rendition or report filed by a |
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| 47 | 47 | | secured party, as defined by Section 22.01, the property owner, an |
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| 48 | 48 | | employee of the property owner, or an employee of a property owner |
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| 49 | 49 | | on behalf of an affiliated entity of the property owner. |
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| 50 | 50 | | SECTION 3. This Act applies only to the rendition of |
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| 51 | 51 | | property for ad valorem tax purposes for a tax year that begins on |
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| 52 | 52 | | or after the effective date of this Act. |
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| 53 | 53 | | SECTION 4. This Act takes effect January 1, 2014. |
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