85S10041 TJB-D
By: Rodriguez of Travis H.B. No. 92
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of land for appraisal for ad valorem tax
purposes as qualified open-space land.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 23.51(1) and (2), Tax Code, are amended
to read as follows:
(1) "Qualified open-space land" means land that is
currently devoted principally to agricultural use to the degree of
intensity generally accepted in the area and that has been devoted
principally to agricultural use or to production of timber or
forest products for five of the preceding seven years or land that
is used principally as an ecological laboratory by a public or
private college or university. A chief appraiser shall distinguish
between the degree of intensity required for various agricultural
production methods, including organic, sustainable, pastured
poultry, rotational grazing, and other uncommon production methods
or systems. Qualified open-space land includes all appurtenances
to the land. For the purposes of this subdivision, appurtenances to
the land means private roads, dams, reservoirs, water wells,
canals, ditches, terraces, and other reshapings of the soil,
fences, and riparian water rights. Notwithstanding the other
provisions of this subdivision, land that is currently devoted
principally to wildlife management as defined by Subdivision (7)(B)
or (C) to the degree of intensity generally accepted in the area
qualifies for appraisal as qualified open-space land under this
subchapter regardless of the manner in which the land was used in
any preceding year.
(2) "Agricultural use" includes but is not limited to
the following activities: cultivating the soil, producing crops
for human food, animal feed, or planting seed or for the production
of fibers; producing fruits and vegetables; floriculture,
viticulture, and horticulture; raising or keeping livestock;
raising or keeping exotic animals for the production of human food
or of fiber, leather, pelts, or other tangible products having a
commercial value; planting cover crops or leaving land idle for the
purpose of participating in a governmental program, provided the
land is not used for residential purposes or a purpose inconsistent
with agricultural use; and planting cover crops or leaving land
idle in conjunction with normal crop or livestock rotation
procedure. The term also includes the use of land to produce or
harvest logs and posts for the use in constructing or repairing
fences, pens, barns, or other agricultural improvements on adjacent
qualified open-space land having the same owner and devoted to a
different agricultural use. The term also includes the use of land
for wildlife management. The term also includes the use of land to
raise or keep bees for pollination or for the production of human
food or other tangible products having a commercial value, provided
that the land used is not less than 5 or more than 20 acres.
SECTION 2. Subchapter D, Chapter 23, Tax Code, is amended by
adding Section 23.5215 to read as follows:
Sec. 23.5215. GUIDELINES FOR UNCOMMON AGRICULTURAL USES.
(a) The comptroller, in consultation with the Texas A&M AgriLife
Extension Service, individuals selected by the comptroller who
represent appraisal districts, and individuals selected by the
comptroller who represent affected producers, shall develop
guidelines for determining under what conditions the cumulative
effect of multiple agricultural uses of a tract of land meets the
degree of intensity generally accepted in the area.
(b) The comptroller, in consultation with the Texas A&M
AgriLife Extension Service, individuals selected by the
comptroller who represent appraisal districts, and individuals
selected by the comptroller who represent small-scale producers,
shall develop guidelines for determining under what conditions land
under 10 acres in size used for the production of fruits,
vegetables, poultry, hogs, sheep, or goats qualifies for appraisal
under this subchapter. The guidelines must provide that land under
10 acres in size that qualifies for appraisal under this subchapter
solely on the basis of the guidelines developed under this section
may not subsequently qualify under Section 23.51(7) for appraisal
under this subchapter if the owner changes the use of the land to
wildlife management.
(c) The guidelines developed under this section may include
recordkeeping requirements consistent with normal practices of
agricultural operations.
(d) The comptroller in developing guidelines under this
section may consider the following factors:
(1) the financial investment of a producer in an
agricultural use of a tract of land;
(2) the degree of active management of a producer in
the agricultural use of a tract of land;
(3) the percentage of a tract of land used by a
producer for agricultural uses; and
(4) any other factor the comptroller considers
appropriate.
(e) The comptroller, in cooperation with appraisal
districts, shall provide educational resources to chief appraisers
to assist with the appraisal of land using the guidelines developed
under this section and of land using an uncommon production method,
such as organic production, sustainable production, and pastured
poultry.
SECTION 3. Not later than December 1, 2018, the comptroller
shall distribute the guidelines required by Section 23.5215, Tax
Code, as added by this Act, to each appraisal district.
SECTION 4. This Act applies only to the appraisal of land
for ad valorem tax purposes for a tax year that begins on or after
January 1, 2019.
SECTION 5. This Act takes effect December 1, 2017.