| 1 | 1 | | 85R24668 LHC-F |
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| 2 | 2 | | By: Springer H.B. No. 27 |
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| 3 | 3 | | Substitute the following for H.B. No. 27: |
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| 4 | 4 | | By: Murphy C.S.H.B. No. 27 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the consideration of the use of property or a comparable |
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| 10 | 10 | | property in certain appeals of an appraisal review board order. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter A, Chapter 23, Tax Code, is amended by |
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| 13 | 13 | | adding Section 23.04 to read as follows: |
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| 14 | 14 | | Sec. 23.04. CONSIDERATION OF USE OF RETAIL PROPERTY ON |
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| 15 | 15 | | APPEAL. (a) This section applies only to an appeal of an appraisal |
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| 16 | 16 | | review board order regarding real property used for retail purposes |
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| 17 | 17 | | brought under Chapter 41A or 42 of this code or Subchapter Z, |
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| 18 | 18 | | Chapter 2003, Government Code. |
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| 19 | 19 | | (b) A property must have the same highest and best use as the |
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| 20 | 20 | | subject property to be considered a comparable property. |
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| 21 | 21 | | (c) Notwithstanding Section 23.013, a use restriction on |
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| 22 | 22 | | the subject property that prohibits the continuation of the current |
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| 23 | 23 | | use of the property, or prohibits a competitive use of the property, |
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| 24 | 24 | | by a subsequent owner or tenant may not be considered in the |
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| 25 | 25 | | determination of the property's highest and best use. This |
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| 26 | 26 | | subsection does not apply to a use restriction imposed or |
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| 27 | 27 | | enforceable by a governmental entity. |
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| 28 | 28 | | SECTION 2. The changes in law made by this Act apply only to |
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| 29 | 29 | | an appeal under Chapter 41A or 42, Tax Code, or Subchapter Z, |
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| 30 | 30 | | Chapter 2003, Government Code, that is filed on or after the |
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| 31 | 31 | | effective date of this Act. An appeal under Chapter 41A or 42, Tax |
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| 32 | 32 | | Code, or Subchapter Z, Chapter 2003, Government Code, that is filed |
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| 33 | 33 | | before the effective date of this Act is governed by the law in |
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| 34 | 34 | | effect on the date the appeal is filed, and the former law is |
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| 35 | 35 | | continued in effect for that purpose. |
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| 36 | 36 | | SECTION 3. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2017. |
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