| 1 | 1 | | 85S10246 SMH-F |
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| 2 | 2 | | By: Shine H.B. No. 120 |
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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 effect of a sale of property on the tax lien on the |
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| 8 | 8 | | property to secure the payment of taxes, penalties, and interest |
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| 9 | 9 | | imposed on the property as a result of the addition to the appraisal |
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| 10 | 10 | | roll of property or appraised value that was erroneously exempted |
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| 11 | 11 | | in a prior year. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 11.43, Tax Code, is amended by adding |
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| 14 | 14 | | Subsection (i-1) to read as follows: |
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| 15 | 15 | | (i-1) If the chief appraiser adds property or appraised |
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| 16 | 16 | | value that was erroneously exempted in a prior year to the appraisal |
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| 17 | 17 | | roll as required by Subsection (i), a tax lien may not be enforced |
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| 18 | 18 | | against the property to secure the payment of any taxes, penalties, |
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| 19 | 19 | | or interest imposed for that year on the property as a result of the |
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| 20 | 20 | | addition of the property or appraised value if at any time after |
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| 21 | 21 | | January 1 of that year the property was sold in an arm's length |
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| 22 | 22 | | transaction to a person who was not related to the seller within the |
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| 23 | 23 | | first degree by consanguinity or affinity, as determined under |
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| 24 | 24 | | Chapter 573, Government Code. |
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| 25 | 25 | | SECTION 2. This Act takes effect on the date on which the |
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| 26 | 26 | | constitutional amendment proposed by the 85th Legislature, 1st |
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| 27 | 27 | | Called Session, 2017, relating to the effect of a sale of property |
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| 28 | 28 | | on the tax lien on the property to secure the payment of ad valorem |
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| 29 | 29 | | taxes, penalties, and interest imposed on the property as a result |
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| 30 | 30 | | of the addition to the appraisal roll of property or property value |
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| 31 | 31 | | that was erroneously exempted in a prior year takes effect. If that |
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| 32 | 32 | | amendment is not approved by the voters, this Act has no effect. |
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