Texas Senate Bill SB71

Texas 2015 - 84th Regular

• Filed: 11/10/14

Caption

Relating to the eligibility of land for appraisal for ad valorem tax purposes as recreational, park, or scenic land.

Impact

The passage of SB71 would directly impact the Texas Tax Code, specifically Section 23.83(a), by establishing clearer guidelines defining eligibility for appraisal as recreational land. The implications include potentially increasing the number of parcels that qualify for lower tax rates, which could encourage landowners to maintain land for public use. This change could provide financial incentives for landowners to develop parks and other recreational areas that serve the community, fostering an environment of increased public engagement and enjoyment of outdoor spaces.

Summary

SB71 aims to modify the eligibility criteria for land to be appraised as recreational, park, or scenic land for ad valorem tax purposes. The bill stipulates that for a landowner to qualify for this special appraisal, the land must be made available for public use without charge or for a nominal fee. Additionally, the land must not be generating profits beyond reasonable allowances for services, ensuring that it serves predominantly recreational or scenic purposes. This can open doors for more landowners to enter into agreements that make their lands accessible to the public while benefiting from lower tax rates.

Contention

Despite its potential benefits, SB71 may face scrutiny regarding the balance between private land rights and public access. Critics may argue that the criteria for public access could be too lax, allowing for the designation of lands that do not significantly contribute to public recreation or amenities. There could also be concerns that this bill might lead to an increase in property tax burdens on remaining tax-paying landowners if a significant number of landowners exploit the benefits of this bill without truly contributing to public recreational needs.