Texas House Bill HB4293

Texas 2017 - 85th Regular

Caption

Relating to the authority of the governing body of a taxing unit to waive penalties and interest on a delinquent ad valorem tax if the delinquency was not intentional or the result of conscious indifference.

Impact

The enactment of HB4293 would broaden the discretion of local taxing authorities, potentially allowing for a more lenient approach towards tax delinquency. By incorporating a subjective standard based on intentionality and indifference, it is intended to alleviate the financial burden on taxpayers who could be penalized excessively for unintentional lapses. This could lead to a better relationship between taxpayers and local tax authorities, as it provides an avenue for understanding and correcting unintentional delinquencies.

Summary

House Bill 4293 seeks to amend the Texas Tax Code to grant governing bodies of taxing units the authority to waive penalties and interest on delinquent ad valorem taxes in specific circumstances. The proposed change stipulates that the waiver can occur when evidence is provided to demonstrate that the tax delinquency was not intentional or occurred due to conscious indifference on the part of the taxpayer. This aims to provide relief for individuals who may have fallen behind due to genuine oversight rather than willful neglect.

Contention

While the bill's intent focuses on taxpayer relief, it may raise concerns regarding the consistency and predictability of tax enforcement across various taxing units. Opponents may argue that this level of discretion could lead to unequal treatment of taxpayers, with some receiving waivers while others do not. Additionally, there could be discussions on the potential financial implications for local governments if penalties and interest, which often serve as significant revenue sources, are waived, subsequently impacting budgets and services reliant on tax income.