1 | 1 | | 85R10539 CJC-F |
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2 | 2 | | By: Raymond H.B. No. 2906 |
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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 correction of an ad valorem tax appraisal roll and |
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8 | 8 | | related appraisal records. |
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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 25.25, Tax Code, is amended by adding |
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11 | 11 | | Subsection (c-1) and amending Subsections (e) and (m) to read as |
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12 | 12 | | follows: |
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13 | 13 | | (c-1) The appraisal review board, on motion of a property |
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14 | 14 | | owner, may direct by written order changes in the appraisal roll or |
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15 | 15 | | related appraisal records for the current tax year and for either of |
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16 | 16 | | the two preceding tax years to correct an inaccuracy in the |
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17 | 17 | | appraised value of the owner's tangible personal property that is |
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18 | 18 | | the result of an error or omission in a rendition statement or |
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19 | 19 | | property report filed under Chapter 22 for the applicable tax year. |
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20 | 20 | | The roll may not be changed under this subsection for any tax year |
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21 | 21 | | in which: |
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22 | 22 | | (1) the property owner failed to timely file the |
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23 | 23 | | rendition statement or property report in accordance with Section |
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24 | 24 | | 22.23 and was assessed a penalty under Section 22.28; |
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25 | 25 | | (2) the property was the subject of a protest brought |
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26 | 26 | | by the property owner under Chapter 41, a hearing on the protest was |
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27 | 27 | | conducted in which the owner offered evidence or argument, and the |
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28 | 28 | | appraisal review board made a determination of the protest on the |
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29 | 29 | | merits; or |
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30 | 30 | | (3) the appraised value of the property was |
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31 | 31 | | established as a result of a written agreement between the property |
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32 | 32 | | owner or the owner's agent and the appraisal district. |
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33 | 33 | | (e) If the chief appraiser and the property owner do not |
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34 | 34 | | agree to the correction before the 15th day after the date the |
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35 | 35 | | motion is filed, a party bringing a motion under Subsection (c), |
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36 | 36 | | (c-1), or (d) is entitled on request to a hearing on and a |
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37 | 37 | | determination of the motion by the appraisal review board. A party |
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38 | 38 | | bringing a motion under this section must describe the error or |
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39 | 39 | | errors that the motion is seeking to correct. Not later than 15 |
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40 | 40 | | days before the date of the hearing, the board shall deliver written |
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41 | 41 | | notice of the date, time, and place of the hearing to the chief |
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42 | 42 | | appraiser, the property owner, and the presiding officer of the |
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43 | 43 | | governing body of each taxing unit in which the property is located. |
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44 | 44 | | The chief appraiser, the property owner, and each taxing unit are |
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45 | 45 | | entitled to present evidence and argument at the hearing and to |
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46 | 46 | | receive written notice of the board's determination of the motion. |
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47 | 47 | | A property owner who files the motion must comply with the payment |
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48 | 48 | | requirements of Section 25.26 or forfeit the right to a final |
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49 | 49 | | determination of the motion. |
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50 | 50 | | (m) The hearing on a motion under Subsection (c), (c-1), or |
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51 | 51 | | (d) shall be conducted in the manner provided by Subchapter C, |
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52 | 52 | | Chapter 41. |
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53 | 53 | | SECTION 2. The changes in law made by this Act apply only to |
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54 | 54 | | a motion to correct an appraisal roll filed on or after the |
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55 | 55 | | effective date of this Act. A motion to correct an appraisal roll |
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56 | 56 | | filed before the effective date of this Act is governed by the law |
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57 | 57 | | in effect on the date the motion was filed, and the former law is |
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58 | 58 | | continued in effect for that purpose. |
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59 | 59 | | SECTION 3. This Act takes effect September 1, 2017. |
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