Texas 2017 - 85th Regular

Texas Senate Bill SB972 Compare Versions

Version 1 (Old)

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1	1	By: Zaffirini, et al. S.B. No. 972
2	2	(King of Uvalde)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the reappraisal for ad valorem taxation purposes of
8	8	real property on which a building completely destroyed by a
9	9	casualty is located.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 23, Tax Code, is amended by
12	12	adding Section 23.025 to read as follows:
13	13	Sec. 23.025. REAPPRAISAL OF PROPERTY DESTROYED BY CASUALTY.
14	14	(a) A property owner may request the chief appraiser of an
15	15	appraisal district in which a residence homestead owned and
16	16	occupied by the property owner is located to reappraise property
17	17	that is the property owner's residence homestead if a building
18	18	located on the property is completely destroyed by a casualty. The
19	19	owner must make the request in writing not later than the 180th day
20	20	after the date the casualty occurs.
21	21	(b) Except as provided by this subsection, the chief
22	22	appraiser shall reappraise property described by Subsection (a) if
23	23	requested to do so by the owner of the property. The chief
24	24	appraiser is not required to reappraise the property if the
25	25	governing body of a taxing unit has authorized reappraisal of the
26	26	same property under Section 23.02 as the result of the same
27	27	casualty.
28	28	(c) The comptroller, in consultation with appraisal
29	29	districts, shall develop guidelines for determining the process for
30	30	reappraising property under this section, including for
31	31	determining whether property is completely destroyed by casualty
32	32	and for calculating an appropriate value of any residence homestead
33	33	exemption and appraisal cap applied during or after the tax year for
34	34	which the property is reappraised.
35	35	(d) The chief appraiser shall complete the reappraisal of
36	36	property as soon as practicable after a request is made.
37	37	(e) The chief appraiser shall include in the appraisal
38	38	records:
39	39	(1) the date the casualty occurred;
40	40	(2) the appraised value of the property before the
41	41	casualty occurred;
42	42	(3) the appraised value of the property immediately
43	43	after the casualty occurred; and
44	44	(4) any other information required to be included in
45	45	the records.
46	46	(f) The amount of the taxes imposed by a taxing unit on
47	47	property reappraised under this section for the tax year in which a
48	48	casualty occurs is calculated by:
49	49	(1) multiplying the amount of the taxes that otherwise
50	50	would be imposed by the taxing unit on the property for the entire
51	51	year by a fraction, the denominator of which is 365 and the
52	52	numerator of which is the number of days that elapsed before the
53	53	date the casualty occurred;
54	54	(2) multiplying the amount of the taxes that would be
55	55	imposed by the taxing unit on the property for the entire year based
56	56	on the reappraised value of the property by a fraction, the
57	57	denominator of which is 365 and the numerator of which is the number
58	58	of days, including the date the casualty occurred, remaining in the
59	59	tax year; and
60	60	(3) adding the amounts calculated under Subdivisions
61	61	(1) and (2).
62	62	(g) If property is reappraised under this section, the
63	63	assessor for each taxing unit shall calculate the amount of the tax
64	64	due on the property as provided by this section. If the property is
65	65	reappraised after the amount of the tax due on the property is
66	66	calculated, the assessor shall recalculate the amount of the tax
67	67	due on the property and correct the tax roll. If the tax bill has
68	68	been mailed and the tax on the property has not been paid, the
69	69	assessor shall mail a corrected tax bill to the person in whose name
70	70	the property is listed on the tax roll or to the person's authorized
71	71	agent. If the tax on the property has been paid, the tax collector
72	72	for the taxing unit shall refund to the person who paid the tax the
73	73	amount by which the payment exceeded the tax due.
74	74	SECTION 2. Not later than September 1, 2018, the
75	75	comptroller shall develop guidelines required by Section 23.025,
76	76	Tax Code, as added by this Act, and shall distribute those
77	77	guidelines to each appraisal district.
78	78	SECTION 3. The change in law made by this Act applies to the
79	79	reappraisal of real property on which a building completely
80	80	destroyed by a casualty is located only if the casualty occurs on or
81	81	after the effective date of this Act.
82	82	SECTION 4. This Act takes effect immediately if it receives
83	83	a vote of two-thirds of all the members elected to each house, as
84	84	provided by Section 39, Article III, Texas Constitution. If this
85	85	Act does not receive the vote necessary for immediate effect, this
86	86	Act takes effect September 1, 2017.