1 | 1 | | 84R6590 LEH-F |
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2 | 2 | | By: Villalba H.B. No. 1589 |
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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 payment of certain ad valorem tax refunds. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Sections 1.111(f) and (j), Tax Code, are amended |
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10 | 10 | | to read as follows: |
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11 | 11 | | (f) A property owner in writing filed with the appraisal |
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12 | 12 | | district may direct the appraisal district, appraisal review board, |
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13 | 13 | | and each taxing unit participating in the appraisal district to |
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14 | 14 | | deliver all notices, tax bills, refunds, orders, and other |
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15 | 15 | | communications relating to one or more specified items of the |
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16 | 16 | | owner's property to a specified person instead of to the property |
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17 | 17 | | owner. The instrument must clearly identify the person by name and |
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18 | 18 | | give the person's address to which all notices, tax bills, refunds, |
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19 | 19 | | orders, and other communications are to be delivered. The property |
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20 | 20 | | owner may but is not required to designate the person's agent for |
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21 | 21 | | other tax matters designated under Subsection (a) as the person to |
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22 | 22 | | receive all notices, tax bills, refunds, orders, and other |
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23 | 23 | | communications. The designation of an agent for other tax matters |
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24 | 24 | | under Subsection (a) may also provide that the agent is the person |
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25 | 25 | | to whom notices, tax bills, refunds, orders, and other |
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26 | 26 | | communications are to be delivered under this subsection. |
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27 | 27 | | (j) An individual exempt from registration as a property tax |
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28 | 28 | | consultant under Section 1152.002, Occupations Code, who is not |
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29 | 29 | | supervised, directed, or compensated by a person required to |
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30 | 30 | | register as a property tax consultant under that chapter and who |
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31 | 31 | | files a protest with the appraisal review board on behalf of the |
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32 | 32 | | property owner is entitled to receive all notices from the |
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33 | 33 | | appraisal district and appraisal review board regarding the |
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34 | 34 | | property subject to the protest until the authority is revoked by |
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35 | 35 | | the property owner as provided by this section. An individual to |
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36 | 36 | | which this subsection applies who is not designated by the property |
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37 | 37 | | owner to receive notices, tax bills, refunds, orders, and other |
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38 | 38 | | communications as provided by Subsection (f) or Section 1.11 shall |
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39 | 39 | | file a statement with the protest that includes: |
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40 | 40 | | (1) the individual's name and address; |
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41 | 41 | | (2) a statement that the individual is acting on |
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42 | 42 | | behalf of the property owner; and |
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43 | 43 | | (3) a statement of the basis for the individual's |
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44 | 44 | | exemption from registration under Section 1152.002, Occupations |
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45 | 45 | | Code. |
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46 | 46 | | SECTION 2. Section 11.431(b), Tax Code, is amended to read |
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47 | 47 | | as follows: |
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48 | 48 | | (b) If a late application is approved after approval of the |
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49 | 49 | | appraisal records by the appraisal review board, the chief |
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50 | 50 | | appraiser shall notify the collector for each unit in which the |
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51 | 51 | | residence is located. The collector shall deduct from the person's |
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52 | 52 | | tax bill the amount of tax imposed on the exempted amount if the tax |
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53 | 53 | | has not been paid. If the tax has been paid, the collector shall |
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54 | 54 | | refund the amount of tax imposed on the exempted amount. A person is |
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55 | 55 | | not required to apply for a refund under this subsection to receive |
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56 | 56 | | the refund. |
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57 | 57 | | SECTION 3. Section 26.15(f), Tax Code, is amended to read as |
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58 | 58 | | follows: |
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59 | 59 | | (f) If a correction that decreases the tax liability of a |
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60 | 60 | | property owner is made after the owner has paid the tax, the taxing |
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61 | 61 | | unit shall refund to the property owner the difference between the |
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62 | 62 | | tax paid and the tax legally due, except as provided by Section |
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63 | 63 | | 25.25(n). A property owner is not required to apply for a refund |
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64 | 64 | | under this subsection to receive the refund. |
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65 | 65 | | SECTION 4. This Act takes effect September 1, 2015. |
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