Texas House Bill HB163

Texas 2019 - 86th Regular

Caption

Relating to the additional tax imposed on land appraised for ad valorem tax purposes as qualified open-space land if a change in use of the land occurs.

Impact

The implications of this bill are significant for landowners and developers. By imposing an additional tax on lands that shift out of open-space designation, it encourages landowners to maintain their properties in agricultural and other low-density uses to avoid increased taxation. This policy could deter development in certain areas, potentially affecting real estate markets and land use planning across the state. It essentially aims to preserve open-space lands by ensuring that their economic use remains favorable compared to potential market rates.

Summary

House Bill 163 aims to modify the taxation process for land classified as open-space land in Texas. Specifically, the bill stipulates that if land appraised under these rules changes its use, an additional tax will be imposed. This tax will be calculated based on the difference between the taxes imposed for the previous three years and what the property taxes would have been if the land were taxed at market value during that period. This change seeks to align tax liabilities more closely with the actual value of the land once its use is altered.

Contention

However, the bill may stir contention among various stakeholders including landowners, farmers, and developers. Proponents argue that it promotes environmental conservation and the retention of open space, which benefits the community at large. On the other hand, critics assert that the additional tax burden could unfairly penalize landowners who wish to utilize their property for more economically productive uses. This could lead to debates about property rights and the extent to which government can dictate land use through tax policy.