Texas 2019 - 86th Regular

Texas House Bill HB3098 Compare Versions

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11 86R14931 SMH-D
22 By: Toth H.B. No. 3098
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to ad valorem taxation.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. The heading to Subchapter A, Chapter 6, Tax Code,
1010 is amended to read as follows:
1111 SUBCHAPTER A. APPRAISAL OFFICES [DISTRICTS]
1212 SECTION 2. Section 6.01, Tax Code, is amended to read as
1313 follows:
1414 Sec. 6.01. APPRAISAL OFFICES [DISTRICTS] ESTABLISHED. (a)
1515 An appraisal office [district] is established in each county.
1616 (b) The office [district] is responsible for appraising
1717 property in the county for which the office is established
1818 [district] for ad valorem tax purposes of each taxing unit that
1919 imposes ad valorem taxes on property in the county [district].
2020 (c) An appraisal office [district] is governed by the
2121 assessor-collector of the county for which the office is
2222 established and is an administrative office of the county
2323 assessor-collector [a political subdivision of the state].
2424 (d) For purposes of this title, each taxing unit with
2525 territory in the county is considered to participate in the
2626 appraisal office established for the county.
2727 (e) A reference in this title or other law to:
2828 (1) an appraisal district means an appraisal office;
2929 (2) the territory of an appraisal district means the
3030 county for which an appraisal office is established; and
3131 (3) the board of directors of an appraisal district
3232 means the assessor-collector of the county for which an appraisal
3333 office is established.
3434 SECTION 3. Section 6.02, Tax Code, is amended to read as
3535 follows:
3636 Sec. 6.02. APPRAISAL OFFICE AUTHORITY WITHIN COUNTY
3737 [DISTRICT BOUNDARIES]. (a) An [The] appraisal office has
3838 authority under this title in the territory included within
3939 [district's boundaries are the same as] the county's boundaries.
4040 (b) This section does not preclude the county
4141 assessor-collectors who govern [board of directors of] two or more
4242 adjoining appraisal offices [districts] from providing for the
4343 operation of a consolidated appraisal office [district] by
4444 interlocal contract.
4545 SECTION 4. The heading to Section 6.035, Tax Code, is
4646 amended to read as follows:
4747 Sec. 6.035. RESTRICTIONS ON ELIGIBILITY AND CONDUCT OF
4848 COUNTY ASSESSOR-COLLECTORS [BOARD MEMBERS] AND CHIEF APPRAISERS
4949 AND THEIR RELATIVES.
5050 SECTION 5. Sections 6.035(a), (b), and (d), Tax Code, are
5151 amended to read as follows:
5252 (a) An individual is [ineligible to serve on an appraisal
5353 district board of directors and is] disqualified from employment as
5454 chief appraiser if the individual:
5555 (1) is related within the second degree by
5656 consanguinity or affinity, as determined under Chapter 573,
5757 Government Code, to an individual who is engaged in the business of
5858 appraising property for compensation for use in proceedings under
5959 this title or of representing property owners for compensation in
6060 proceedings under this title in the appraisal office [district]; or
6161 (2) owns property on which delinquent taxes have been
6262 owed to a taxing unit for more than 60 days after the date the
6363 individual knew or should have known of the delinquency unless:
6464 (A) the delinquent taxes and any penalties and
6565 interest are being paid under an installment payment agreement
6666 under Section 33.02; or
6767 (B) a suit to collect the delinquent taxes is
6868 deferred or abated under Section 33.06 or 33.065.
6969 (b) A [member of an appraisal district board of directors or
7070 a] chief appraiser commits an offense if the [board member
7171 continues to hold office or the] chief appraiser remains employed
7272 knowing that an individual related within the second degree by
7373 consanguinity or affinity, as determined under Chapter 573,
7474 Government Code, to the [board member or] chief appraiser is
7575 engaged in the business of appraising property for compensation for
7676 use in proceedings under this title or of representing property
7777 owners for compensation in proceedings under this title in the
7878 appraisal office [district] in which the [member serves or the]
7979 chief appraiser is employed. An offense under this subsection is a
8080 Class B misdemeanor.
8181 (d) An appraisal performed by a chief appraiser in a private
8282 capacity or by an individual related within the second degree by
8383 consanguinity or affinity, as determined under Chapter 573,
8484 Government Code, to the chief appraiser may not be used as evidence
8585 in a protest or challenge under Chapter 41 or an appeal under
8686 Chapter 42 concerning property that is taxable in the county for
8787 which the appraisal office that employs [district in which] the
8888 chief appraiser is established [employed].
8989 SECTION 6. Sections 6.036(b), (c), and (f), Tax Code, are
9090 amended to read as follows:
9191 (b) An appraisal office [district] may not enter into a
9292 contract with the county assessor-collector who governs [a member
9393 of the board of directors of] the appraisal office [district] or
9494 with a business entity in which the county assessor-collector [a
9595 member of the board] has a substantial interest.
9696 (c) A taxing unit may not enter into a contract relating to
9797 the performance of an activity governed by this title with a
9898 business entity in which the county assessor-collector who governs
9999 [a member of the board of directors of] an appraisal office
100100 [district] in which the taxing unit participates [or with a
101101 business entity in which a member of the board] has a substantial
102102 interest.
103103 (f) This section does not limit the application of any other
104104 law, including the common law relating to conflicts of interest, to
105105 a county assessor-collector [an appraisal district director].
106106 SECTION 7. Section 6.05, Tax Code, is amended to read as
107107 follows:
108108 Sec. 6.05. APPRAISAL OFFICE; CHIEF APPRAISER AND OTHER
109109 EMPLOYEES. (a) Except as authorized by Subsection (b) [of this
110110 section], each county assessor-collector [appraisal district]
111111 shall establish an appraisal office. The appraisal office must be
112112 located in the county for which the office [district] is
113113 established. An appraisal office [district] may establish branch
114114 appraisal offices outside the county for which the office
115115 [district] is established.
116116 (b) The county assessor-collector who governs [board of
117117 directors of] an appraisal office [district] may contract with an
118118 appraisal office in another county [district or with a taxing unit
119119 in the district] to perform the duties of the appraisal office for
120120 the county [district].
121121 (c) The county assessor-collector may serve as the chief
122122 appraiser for the appraisal office or may appoint another person to
123123 serve as the chief appraiser.
124124 (d) A county assessor-collector who appoints another person
125125 to serve as the chief appraiser shall notify the comptroller and
126126 each taxing unit that participates in the appraisal office of that
127127 appointment.
128128 (e) An appointed [The] chief appraiser [is the chief
129129 administrator of the appraisal office. Except as provided by
130130 Section 6.0501, the chief appraiser is appointed by and] serves at
131131 the pleasure of the county assessor-collector and acts on behalf of
132132 the county assessor-collector on all matters delegated to the
133133 appointed chief appraiser by the county assessor-collector
134134 [appraisal district board of directors. If a taxing unit performs
135135 the duties of the appraisal office pursuant to a contract, the
136136 assessor for the unit is the chief appraiser]. To be eligible to be
137137 appointed [or serve] as a chief appraiser or to serve as an
138138 appointed chief appraiser, a person must be certified as a
139139 registered professional appraiser under Section 1151.160,
140140 Occupations Code, possess an MAI professional designation from the
141141 Appraisal Institute, or possess an Assessment Administration
142142 Specialist (AAS), Certified Assessment Evaluator (CAE), or
143143 Residential Evaluation Specialist (RES) professional designation
144144 from the International Association of Assessing Officers. A person
145145 who is eligible to be appointed [or serve] as a chief appraiser or
146146 to serve as an appointed chief appraiser by having a professional
147147 designation described by this subsection must become certified as a
148148 registered professional appraiser under Section 1151.160,
149149 Occupations Code, not later than the fifth anniversary of the date
150150 the person is appointed or begins to serve as chief appraiser. A
151151 chief appraiser who is not eligible to be appointed or serve as
152152 chief appraiser may not perform an action authorized or required by
153153 law to be performed by a chief appraiser, including the
154154 preparation, certification, or submission of any part of the
155155 appraisal roll. Not later than January 1 of each year, a county
156156 assessor-collector who has appointed another person to serve as the
157157 chief appraiser shall notify the comptroller in writing that the
158158 chief appraiser is either eligible to be appointed or serve as the
159159 chief appraiser or not eligible to be appointed or serve as the
160160 chief appraiser.
161161 (f) An appointed [(d) Except as provided by Section
162162 6.0501, the] chief appraiser is entitled to compensation as
163163 provided by the budget adopted by the county assessor-collector who
164164 governs the appraisal office for performing duties delegated to the
165165 appointed chief appraiser by the county assessor-collector [board
166166 of directors]. The chief appraiser's compensation may not be
167167 directly or indirectly linked to an increase in the total market,
168168 appraised, or taxable value of property in the county for which the
169169 appraisal office is established [district]. The county
170170 assessor-collector [Except as provided by Section 6.0501, the chief
171171 appraiser] may employ and compensate professional, clerical, and
172172 other personnel as provided by the budget[, with the exception of a
173173 general counsel to the appraisal district].
174174 (g) [(e)] The county assessor-collector may not appoint a
175175 person to serve as the chief appraiser if the person is related to
176176 the county assessor-collector within the second degree by affinity
177177 or within the third degree by consanguinity, as determined under
178178 Chapter 573, Government Code. [chief appraiser may delegate
179179 authority to his employees.
180180 [(f) The chief appraiser may not employ any individual
181181 related to a member of the board of directors within the second
182182 degree by affinity or within the third degree by consanguinity, as
183183 determined under Chapter 573, Government Code.] A person commits
184184 an offense if the person intentionally or knowingly violates this
185185 subsection. An offense under this subsection is a misdemeanor
186186 punishable by a fine of not less than $100 or more than $1,000.
187187 (h) [(g)] The chief appraiser is an officer of the appraisal
188188 office [district] for purposes of the nepotism law, Chapter 573,
189189 Government Code. An appraisal office [district] may not employ or
190190 contract with an individual or the spouse of an individual who is
191191 related to the chief appraiser within the first degree by
192192 consanguinity or affinity, as determined under Chapter 573,
193193 Government Code.
194194 (i) A county assessor-collector who appoints another person
195195 to serve as the chief appraiser [(h) The board of directors of an
196196 appraisal district by resolution] may prescribe that specified
197197 actions of the chief appraiser relating to the finances or
198198 administration of the appraisal office [district] are subject to
199199 the approval of the county assessor-collector [board].
200200 [(i) To ensure adherence with generally accepted appraisal
201201 practices, the board of directors of an appraisal district shall
202202 develop biennially a written plan for the periodic reappraisal of
203203 all property within the boundaries of the district according to the
204204 requirements of Section 25.18 and shall hold a public hearing to
205205 consider the proposed plan. Not later than the 10th day before the
206206 date of the hearing, the secretary of the board shall deliver to the
207207 presiding officer of the governing body of each taxing unit
208208 participating in the district a written notice of the date, time,
209209 and place for the hearing. Not later than September 15 of each
210210 even-numbered year, the board shall complete its hearings, make any
211211 amendments, and by resolution finally approve the plan. Copies of
212212 the approved plan shall be distributed to the presiding officer of
213213 the governing body of each taxing unit participating in the
214214 district and to the comptroller within 60 days of the approval
215215 date.]
216216 (j) The county assessor-collector who governs [board of
217217 directors of] an appraisal office [district] may employ a general
218218 counsel to the office [district] to serve at the will of the county
219219 assessor-collector [board]. The general counsel shall provide
220220 counsel directly to the county assessor-collector [board] and
221221 perform other duties and responsibilities as determined by the
222222 county assessor-collector [board]. The general counsel is entitled
223223 to compensation as provided by the budget adopted by the county
224224 assessor-collector [board].
225225 SECTION 8. Section 6.052, Tax Code, is amended to read as
226226 follows:
227227 Sec. 6.052. TAXPAYER LIAISON OFFICER. (a) The county
228228 assessor-collector who governs [board of directors for] an
229229 appraisal office [district] created for a county with a population
230230 of more than 120,000 shall appoint a taxpayer liaison officer who
231231 shall serve at the pleasure of the county assessor-collector
232232 [board]. The taxpayer liaison officer [shall administer the public
233233 access functions required by Sections 6.04(d), (e), and (f), and]
234234 is responsible for resolving disputes not involving matters that
235235 may be protested under Section 41.41. In addition, the taxpayer
236236 liaison officer is responsible for receiving, and compiling a list
237237 of, comments and suggestions filed by the chief appraiser, a
238238 property owner, or a property owner's agent concerning the matters
239239 listed in Section 5.103(b) or any other matter related to the
240240 fairness and efficiency of the appraisal review board established
241241 for the appraisal office [district]. The taxpayer liaison officer
242242 shall forward to the comptroller comments and suggestions filed
243243 under this subsection in the form and manner prescribed by the
244244 comptroller.
245245 (b) The taxpayer liaison officer shall provide to the public
246246 information and materials designed to assist property owners in
247247 understanding the appraisal process, protest procedures, the
248248 procedure for filing comments and suggestions under Subsection (a)
249249 [of this section or a complaint under Section 6.04(g)], and other
250250 matters. Information concerning the process for submitting
251251 comments and suggestions to the comptroller concerning an appraisal
252252 review board shall be provided at each protest hearing.
253253 (c) The taxpayer liaison officer shall report to the county
254254 assessor-collector [board at each meeting] on the status of all
255255 comments and suggestions filed with the officer under Subsection
256256 (a) [of this section and all complaints filed with the board under
257257 Section 6.04(g)].
258258 (d) The taxpayer liaison officer is entitled to
259259 compensation as provided by the budget adopted by the county
260260 assessor-collector [board of directors].
261261 (e) The chief appraiser or any other person who performs
262262 appraisal or legal services for the appraisal office [district] for
263263 compensation is not eligible to be the taxpayer liaison officer.
264264 (f) The taxpayer liaison officer for an appraisal office
265265 [district described by Section 6.41(d-1)] is responsible for
266266 providing clerical assistance to the pertinent state senators and
267267 state representatives [local administrative district judge] in the
268268 selection of appraisal review board members. The officer shall
269269 deliver to the state senators and state representatives [local
270270 administrative district judge] any applications to serve on the
271271 board that are submitted to the officer and shall perform other
272272 duties as requested by the state senators and state representatives
273273 [local administrative district judge]. The officer may not
274274 influence the process for selecting appraisal review board members.
275275 SECTION 9. The heading to Section 6.06, Tax Code, is amended
276276 to read as follows:
277277 Sec. 6.06. APPRAISAL OFFICE [DISTRICT] BUDGET AND
278278 FINANCING.
279279 SECTION 10. Sections 6.06(a), (b), (c), (d), (f), (g), (h),
280280 (i), (j), and (k), Tax Code, are amended to read as follows:
281281 (a) Each year the county assessor-collector who governs an
282282 appraisal office, with the assistance of the chief appraiser, shall
283283 prepare a proposed budget for the operations of the office
284284 [district] for the following tax year and shall submit copies to
285285 each taxing unit participating in the office [district and to the
286286 district board of directors] before June 15. The budget must [He
287287 shall] include [in the budget] a list showing each proposed
288288 position, the proposed salary for the position, all benefits
289289 proposed for the position, each proposed capital expenditure, and
290290 an estimate of the amount of the budget that will be allocated to
291291 each taxing unit. Each taxing unit [entitled to vote on the
292292 appointment of board members] shall maintain a copy of the proposed
293293 budget for public inspection at its principal administrative
294294 office.
295295 (b) The county assessor-collector [board of directors]
296296 shall hold a public hearing to consider the budget. The chief
297297 appraiser [secretary of the board] shall deliver to the presiding
298298 officer of the governing body of each taxing unit participating in
299299 the appraisal office [district] not later than the 10th day before
300300 the date of the hearing a written notice of the date, time, and
301301 place fixed for the hearing. The county assessor-collector [board]
302302 shall complete the [its] hearings, make any amendments to the
303303 proposed budget [it desires], and finally approve a budget before
304304 September 15. If the governing bodies of a majority of the taxing
305305 units participating in the appraisal office [entitled to vote on
306306 the appointment of board members] adopt resolutions disapproving a
307307 budget and file them with the county assessor-collector [secretary
308308 of the board] within 30 days after its adoption, the budget does not
309309 take effect, and the county assessor-collector [board] shall adopt
310310 a new budget within 30 days of the disapproval.
311311 (c) The county assessor-collector [board] may amend the
312312 approved budget at any time[,] but [the secretary of the board] must
313313 deliver a written copy of a proposed amendment to the presiding
314314 officer of the governing body of each taxing unit participating in
315315 the appraisal office [district] not later than the 30th day before
316316 the date the county assessor-collector [board] acts on it.
317317 (d) Each taxing unit participating in the appraisal office
318318 [district] is allocated a portion of the amount of the budget equal
319319 to the proportion that the total dollar amount of property taxes
320320 imposed in the county for which the office is established
321321 [district] by the taxing unit for the tax year in which the budget
322322 proposal is prepared bears to the sum of the total dollar amount of
323323 property taxes imposed in the county [district] by each
324324 participating taxing unit for that year. If a taxing unit
325325 participates in two or more appraisal offices [districts], only the
326326 taxes imposed in the appropriate county [a district] are used to
327327 calculate the taxing unit's cost allocations in that office
328328 [district]. If the number of real property parcels in a taxing unit
329329 is less than 5 percent of the total number of real property parcels
330330 in the county [district] and the taxing unit imposes in excess of 25
331331 percent of the total amount of the property taxes imposed in the
332332 county [district] by all of the participating taxing units for a
333333 year, the taxing unit's allocation may not exceed a percentage of
334334 the appraisal office's [district's] budget equal to three times the
335335 taxing unit's percentage of the total number of real property
336336 parcels appraised by the office [district].
337337 (f) Payments shall be made to a depository designated by the
338338 county assessor-collector [district board of directors]. The
339339 appraisal office's [district's] funds may be disbursed only by a
340340 written check, draft, or order signed by the county
341341 assessor-collector [chairman and secretary of the board] or, if
342342 authorized by [resolution of] the county assessor-collector
343343 [board], by the chief appraiser.
344344 (g) If a taxing unit decides not to impose taxes for any tax
345345 year, the taxing unit is not liable for any of the costs of
346346 operating the appraisal office [district] in that year, and those
347347 costs are allocated among the other taxing units as if that taxing
348348 unit had not imposed taxes in the year used to calculate
349349 allocations. However, if that taxing unit has made any payments, it
350350 is not entitled to a refund.
351351 (h) If a newly formed taxing unit or a taxing unit that did
352352 not impose taxes in the preceding year imposes taxes in any tax
353353 year, that taxing unit is allocated a portion of the amount budgeted
354354 to operate the appraisal office [district] as if it had imposed
355355 taxes in the preceding year, except that the amount of taxes the
356356 taxing unit imposes in the current year is used to calculate its
357357 allocation. Before the amount of taxes to be imposed for the
358358 current year is known, the allocation may be based on an estimate to
359359 which the county assessor-collector who governs the appraisal
360360 office [district board of directors] and the governing body of the
361361 taxing unit agree, and the payments made after that amount is known
362362 shall be adjusted to reflect the amount imposed. The payments of a
363363 newly formed taxing unit that has no source of funds are postponed
364364 until the taxing unit has received adequate tax or other revenues.
365365 (i) The fiscal year of an appraisal office [district] is the
366366 calendar year unless the governing bodies of three-fourths of the
367367 taxing units that participate in the office [entitled to vote on the
368368 appointment of board members] adopt resolutions proposing a
369369 different fiscal year and file them with the county
370370 assessor-collector who governs the office [secretary of the board]
371371 not more than 12 and not less than eight months before the first day
372372 of the fiscal year proposed by the resolutions. If the fiscal year
373373 of an appraisal office [district] is changed under this subsection,
374374 the county assessor-collector, with the assistance of the chief
375375 appraiser, shall prepare a proposed budget for the fiscal year as
376376 provided by Subsection (a) [of this section] before the 15th day of
377377 the seventh month preceding the first day of the fiscal year
378378 established by the change, and the county assessor-collector [board
379379 of directors] shall adopt a budget for the fiscal year as provided
380380 by Subsection (b) [of this section] before the 15th day of the
381381 fourth month preceding the first day of the fiscal year established
382382 by the change. The [Unless the appraisal district adopts a
383383 different method of allocation under Section 6.061 of this code,
384384 the] allocation of the budget to each taxing unit shall be
385385 calculated as provided by Subsection (d) [of this section] using
386386 the amount of property taxes imposed by each participating taxing
387387 unit in the most recent tax year preceding the fiscal year
388388 established by the change for which the necessary information is
389389 available. Each taxing unit shall pay its allocation as provided by
390390 Subsection (e) [of this section], except that the first payment
391391 shall be made before the first day of the fiscal year established by
392392 the change and subsequent payments shall be made quarterly. In the
393393 year in which a change in the fiscal year occurs, the budget that
394394 takes effect on January 1 of that year may be amended as necessary
395395 as provided by Subsection (c) [of this section] in order to
396396 accomplish the change in fiscal years.
397397 (j) If the total amount of the payments made or due to be
398398 made by the taxing units participating in an appraisal office
399399 [district] exceeds the amount actually spent or obligated to be
400400 spent during the fiscal year for which the payments were made, the
401401 chief appraiser shall credit the excess amount against each taxing
402402 unit's allocated payments for the following year in proportion to
403403 the amount of each taxing unit's budget allocation for the fiscal
404404 year for which the payments were made. If a taxing unit that paid
405405 its allocated amount is not allocated a portion of the appraisal
406406 office's [district's] budget for the following fiscal year, the
407407 chief appraiser shall refund to the taxing unit its proportionate
408408 share of the excess funds not later than the 150th day after the end
409409 of the fiscal year for which the payments were made.
410410 (k) For good cause shown, the county assessor-collector who
411411 governs an appraisal office [board of directors] may waive the
412412 penalty and interest on a delinquent payment under Subsection (e).
413413 SECTION 11. Sections 6.062(a) and (c), Tax Code, are
414414 amended to read as follows:
415415 (a) Not later than the 10th day before the date of the public
416416 hearing at which the county assessor-collector who governs an
417417 appraisal office [board of directors] considers the appraisal
418418 office [district] budget, the chief appraiser shall give notice of
419419 the public hearing by publishing the notice in a newspaper having
420420 general circulation in the county for which the appraisal office
421421 [district] is established. The notice may not be smaller than
422422 one-quarter page of a standard-size or tabloid-size newspaper and
423423 may not be published in the part of the paper in which legal notices
424424 and classified advertisements appear.
425425 (c) The notice must state that the appraisal office
426426 [district] is supported solely by payments from the local taxing
427427 units served by the appraisal office [district]. The notice must
428428 also contain the following statement: "If approved by the county
429429 assessor-collector who governs the appraisal office [district
430430 board of directors] at the public hearing, this proposed budget
431431 will take effect automatically unless disapproved by the governing
432432 bodies of the taxing units [county, school districts, cities, and
433433 towns] served by the appraisal office [district]. A copy of the
434434 proposed budget is available for public inspection in the office of
435435 each of those governing bodies."
436436 SECTION 12. Section 6.063, Tax Code, is amended to read as
437437 follows:
438438 Sec. 6.063. FINANCIAL AUDIT. (a) At least once each year,
439439 the county assessor-collector who governs [board of directors of]
440440 an appraisal office [district] shall have prepared an audit of its
441441 affairs by an independent certified public accountant or a firm of
442442 independent certified public accountants.
443443 (b) The report of the audit is a public record. A copy of
444444 the report shall be delivered to the presiding officer of the
445445 governing body of each taxing unit that participates in the
446446 appraisal office [eligible to vote on the appointment of district
447447 directors], and a reasonable number of copies shall be available
448448 for inspection at the appraisal office.
449449 SECTION 13. The heading to Section 6.09, Tax Code, is
450450 amended to read as follows:
451451 Sec. 6.09. DESIGNATION OF APPRAISAL OFFICE [DISTRICT]
452452 DEPOSITORY.
453453 SECTION 14. Sections 6.09(a), (b), and (c), Tax Code, are
454454 amended to read as follows:
455455 (a) The appraisal office [district] depository must be a
456456 banking corporation incorporated under the laws of this state or
457457 the United States or a savings and loan association in this state
458458 whose deposits are insured by the Federal Deposit [Savings and
459459 Loan] Insurance Corporation.
460460 (b) The county assessor-collector who governs the appraisal
461461 office [district board of directors] shall designate as the office
462462 [district] depository the financial institution or institutions
463463 that offer the most favorable terms and conditions for the handling
464464 of the office's [district's] funds.
465465 (c) The county assessor-collector [board] shall solicit
466466 bids to be designated as depository for the appraisal office
467467 [district]. The depository when designated shall serve for a term
468468 of two years and until its successor is designated and has
469469 qualified. The county assessor-collector [board] and the
470470 depository may agree to extend a depository contract for one
471471 additional two-year period.
472472 SECTION 15. Section 6.11, Tax Code, is amended to read as
473473 follows:
474474 Sec. 6.11. PURCHASING AND CONTRACTING AUTHORITY. (a) An
475475 appraisal office [district] is subject to the same requirements and
476476 has the same purchasing and contracting authority as a municipality
477477 under Chapter 252, Local Government Code.
478478 (b) For purposes of this section, all the provisions of
479479 Chapter 252, Local Government Code, applicable to a municipality or
480480 to purchases and contracts by a municipality apply to an appraisal
481481 office [district] and to purchases and contracts by an appraisal
482482 office [district] to the extent they can be made applicable, and all
483483 references to the municipality in that chapter mean the appraisal
484484 office [district]. For purposes of applying Section 252.061, Local
485485 Government Code, to an appraisal office [district], any resident of
486486 the county for which the appraisal office is established [district]
487487 may seek an injunction under that section. Sections 252.062 and
488488 252.063, Local Government Code, apply to an officer or employee of
489489 an appraisal office [district] in the same manner as those sections
490490 apply to a municipal officer or employee.
491491 SECTION 16. Sections 6.12(a), (b), (c), and (e), Tax Code,
492492 are amended to read as follows:
493493 (a) The state senators and state representatives whose
494494 districts contain any part of the territory included in the county
495495 for which an [chief appraiser of each] appraisal office is
496496 established [district] shall by majority vote appoint, with the
497497 advice [and consent] of and in the manner provided by the county
498498 assessor-collector who governs the office [board of directors], an
499499 agricultural advisory board composed of three or more members as
500500 determined by the county assessor-collector [board]. Each state
501501 senator and state representative is entitled to one vote for a
502502 candidate for each position to be filled on the board.
503503 (b) The agricultural advisory board members must be
504504 landowners of the county for which the appraisal office is
505505 established [district] whose land qualifies for appraisal under
506506 Subchapter C, D, E, or H, Chapter 23, and who have been residents of
507507 the county [district] for at least five years.
508508 (c) Members of the board serve for [staggered] terms of two
509509 years. The county assessor-collector who governs the appraisal
510510 office shall provide for staggered terms, so that the terms of as
511511 close to one-half of the members as possible expire each year [In
512512 making the initial appointments of members of the agricultural
513513 advisory board the chief appraiser shall appoint for a term of one
514514 year one-half of the members, or if the number of members is an odd
515515 number, one fewer than a majority of the membership].
516516 (e) An employee or officer of an appraisal office [district]
517517 may not be appointed and may not serve as a member of the
518518 agricultural advisory board.
519519 SECTION 17. Section 6.13, Tax Code, is amended to read as
520520 follows:
521521 Sec. 6.13. APPRAISAL OFFICE [DISTRICT] RECORDS. The
522522 preservation, microfilming, destruction, or other disposition of
523523 the records of each appraisal office [district] is subject to the
524524 requirements of Subtitle C, Title 6, Local Government Code, and
525525 rules adopted under that subtitle.
526526 SECTION 18. Sections 6.14(a) and (b), Tax Code, are amended
527527 to read as follows:
528528 (a) On the written request of the Texas Legislative Council,
529529 an appraisal office [district] that maintains its appraisal records
530530 in electronic format shall provide a copy of the information or data
531531 maintained in the office's [district's] appraisal records to the
532532 council without charge.
533533 (b) The appraisal office [district] shall provide the
534534 requested information or data to the council as soon as practicable
535535 but not later than the 30th day after the date the request is
536536 received by the office [district].
537537 SECTION 19. Sections 6.24(a) and (b), Tax Code, are amended
538538 to read as follows:
539539 (a) The governing body of a taxing unit other than a county
540540 may contract as provided by Chapter 791, Government Code, [the
541541 Interlocal Cooperation Act] with the governing body of another
542542 taxing unit or with the county assessor-collector who governs
543543 [board of directors of] an appraisal office [district] for the
544544 other taxing unit or the office [district] to perform duties
545545 relating to the assessment or collection of taxes.
546546 (b) The commissioners court of a county with the approval of
547547 the county assessor-collector may contract as provided by Chapter
548548 791, Government Code, [the Interlocal Cooperation Act] with the
549549 governing body of another taxing unit in the county [or with the
550550 board of directors of the appraisal district] for the other taxing
551551 unit [or the district] to perform duties relating to the assessment
552552 or collection of taxes for the county. The commissioners court may
553553 contract as provided by Chapter 791, Government Code, with the
554554 county assessor-collector for the appraisal office established for
555555 the county to perform duties relating to the assessment or
556556 collection of taxes for the county. If a county contracts to have
557557 its taxes assessed and collected by another taxing unit or by the
558558 appraisal office [district, except as provided by Subsection (c)],
559559 the contract shall require the other taxing unit or the office
560560 [district] to assess and collect all taxes the county is required to
561561 assess and collect.
562562 SECTION 20. Sections 6.26(a), (b), (c), (e), (f), and (j),
563563 Tax Code, are amended to read as follows:
564564 (a) The qualified voters residing in the county for which an
565565 appraisal office is established [district] by petition submitted to
566566 the county clerk of the county [principally served by the appraisal
567567 district] may require that an election be held to determine whether
568568 or not to require the appraisal office [district], the county
569569 assessor-collector, or a specified taxing unit within the county
570570 [appraisal district] to assess, collect, or assess and collect
571571 property taxes on property appraised by the office [district] for
572572 all taxing units.
573573 (b) The qualified voters of a taxing unit that assesses,
574574 collects, or assesses and collects its own property taxes by
575575 petition submitted to the governing body of the taxing unit may
576576 require that an election be held to determine whether or not to
577577 require the appraisal office [district], the county
578578 assessor-collector, or another taxing unit that is assessing and
579579 collecting property taxes to assess, collect, or assess and collect
580580 the taxing unit's property taxes.
581581 (c) A petition is valid if:
582582 (1) it states that it is intended to require an
583583 election in the county for which the appraisal office is
584584 established [district] or in the taxing unit on the question of
585585 consolidation of assessing or collecting functions or both;
586586 (2) it states the functions to be consolidated and
587587 identifies the entity or office that will be required to perform the
588588 functions; and
589589 (3) it is signed by a number of qualified voters equal
590590 to at least 10 percent of the number of qualified voters, according
591591 to the most recent official list of qualified voters, residing in
592592 the county for which the appraisal office is established
593593 [district], if the petition is authorized by Subsection (a) [of
594594 this section], or in the taxing unit, if the petition is authorized
595595 by Subsection (b) [of this section], or by 10,000 qualified voters,
596596 whichever number is less.
597597 (e) If the commissioners court or the governing body finds
598598 that the petition is valid, it shall order that an election be held
599599 in the county for which the appraisal office is established
600600 [district] or in the taxing unit on the next uniform election date
601601 prescribed by the [Texas] Election Code that is more than 60 days
602602 after the last day on which it could have acted to approve or
603603 disapprove the petition. At the election, the ballots shall be
604604 prepared to permit voting for or against the proposition:
605605 "Requiring the (name of entity or office) to (assess, collect, or
606606 assess and collect, as applicable) property taxes for (all taxing
607607 units in [the appraisal district for] _____________ County [county]
608608 or name of taxing unit or taxing units, as applicable)."
609609 (f) If a majority of the qualified voters voting on the
610610 question in the election favor the proposition, the entity or
611611 office named by the ballot shall perform the functions named by the
612612 ballot beginning with the next time property taxes are assessed or
613613 collected, as applicable, that is more than 90 days after the date
614614 of the election. If the governing bodies, [(]and the county
615615 assessor-collector who governs the appraisal office [district
616616 board of directors] when the office [district] is involved,[)]
617617 agree, a function may be consolidated when performance of the
618618 function begins in less than 90 days after the date of the election.
619619 (j) An appraisal office [district] may not be required by an
620620 election to assess, collect, or assess and collect taxes on
621621 property outside the [district's] boundaries of the county for
622622 which the office is established. A taxing unit may not be required
623623 by an election to assess, collect, or assess and collect taxes on
624624 property outside the boundaries of the county for which the
625625 appraisal office [district] that appraises property for the taxing
626626 unit is established.
627627 SECTION 21. Section 6.29(b), Tax Code, is amended to read as
628628 follows:
629629 (b) A taxing unit whose taxes are collected by the collector
630630 for another taxing unit, by an officer or employee of another taxing
631631 unit or of an appraisal office [district], or by any other person
632632 other than the taxing unit's own collector may require that
633633 collector, officer, employee, or other person to give bond
634634 conditioned on the faithful performance of that person's [his]
635635 duties. To be effective, the bond must be made payable to and must
636636 be approved by and paid for by the governing body of the taxing unit
637637 requiring bond in an amount determined by the governing body. The
638638 governing body may prescribe additional requirements for the bond.
639639 SECTION 22. Section 6.41, Tax Code, is amended to read as
640640 follows:
641641 Sec. 6.41. APPRAISAL REVIEW BOARD. (a) The appraisal
642642 review board is established for each appraisal office [district].
643643 (b) The board consists of three members. However, the
644644 county assessor-collector who governs the appraisal office
645645 [district board of directors by resolution of a majority of its
646646 members] may increase the size of the appraisal review board to the
647647 number of members the county assessor-collector [board of
648648 directors] considers appropriate.
649649 (c) To be eligible to serve on the board, an individual must
650650 be a resident of the county for which the appraisal office is
651651 established [district] and must have resided in the county
652652 [district] for at least two years.
653653 (d) Members [Except as provided by Subsection (d-1),
654654 members] of the board are appointed by majority vote of the state
655655 senators and state representatives whose districts contain any part
656656 of the territory included in the county for which [resolution of a
657657 majority of] the appraisal office is established in the manner
658658 provided by the county assessor-collector who governs the office
659659 [district board of directors]. Each state senator and state
660660 representative is entitled to one vote for a candidate for each
661661 position to be filled on the board. A vacancy on the board is filled
662662 in the same manner for the unexpired portion of the term.
663663 (e) [(d-1) In a county with a population of 120,000 or more
664664 the members of the board are appointed by the local administrative
665665 district judge under Subchapter D, Chapter 74, Government Code, in
666666 the county in which the appraisal district is established.] All
667667 applications submitted to the appraisal office [district] or to the
668668 [appraisal review] board from persons seeking appointment as a
669669 member of the [appraisal review] board shall be delivered to the
670670 pertinent state senators and state representatives [local
671671 administrative district judge]. The appraisal office [district]
672672 may provide the state senators and state representatives [local
673673 administrative district judge] with information regarding whether
674674 an applicant for appointment to or a member of the board owes any
675675 delinquent ad valorem taxes to a taxing unit participating in the
676676 appraisal office [district].
677677 (f) [(d-2) A local administrative district judge making
678678 appointments under Subsection (d-1) may make such appointments
679679 directly or may, by written order, appoint from three to five
680680 persons to perform the duties of appraisal review board
681681 commissioner. If the local administrative district judge chooses
682682 to appoint appraisal review board commissioners, each commissioner
683683 shall possess the same qualifications as those required of an
684684 appraisal review board member.
685685 [(d-3)] The appraisal office [local administrative judge
686686 making appointments under Subsection (d-1)] shall [cause the proper
687687 officer to] notify the persons appointed to the board of their [such
688688 appointees of such] appointment[,] and when and where they are to
689689 appear.
690690 (g) [(d-4) If appraisal review board commissioners are
691691 appointed under Subsection (d-2), they shall meet as directed by
692692 the local administrative district judge in order to complete their
693693 duties.
694694 [(d-5)] The appraisal office [district of the county] shall
695695 provide to the pertinent state senators and state representatives
696696 [local administrative district judge, or to the appraisal review
697697 board commissioners, as the case may be,] the number of [appraisal
698698 review] board positions that require appointment and shall provide
699699 whatever reasonable assistance is requested by the state senators
700700 and state representatives to make the appointments [local
701701 administrative district judge or the commissioners].
702702 (h) [(d-6) An appraisal review board commissioner is not
703703 disqualified from serving as a member of the appraisal review
704704 board.
705705 [(d-7) If appraisal review board commissioners are
706706 appointed under this section, the commissioners shall return a list
707707 of proposed appraisal review board members to the local
708708 administrative district judge at a time directed by such local
709709 administrative judge, but in no event later than January 1 of each
710710 year. Such list shall be composed of no less than five (5) names in
711711 excess of the number of appraisal review board positions to be
712712 filled by the local administrative district judge. The local
713713 administrative judge may accept the proposed names, or reject the
714714 proposed list and return the proposed list to the commissioners
715715 upon which the commissioners shall propose a revised list until the
716716 local administrative judge accepts the list.
717717 [(d-8) Any appraisal review board commissioners appointed
718718 pursuant to this section shall hold office for a term of one year
719719 beginning January 1. A commissioner may be appointed to successive
720720 terms at the discretion of the local administrative district judge.
721721 [(d-9) Upon selection of the individuals who are to serve as
722722 members of the appraisal review board, the local administrative
723723 district judge shall enter an appropriate order designating such
724724 members and setting each member's respective term of office, as
725725 provided elsewhere in this section.
726726 [(e)] Members of the board hold office for terms of two
727727 years beginning January 1. The county assessor-collector who
728728 governs the appraisal office [district board of directors by
729729 resolution] shall provide for staggered terms, so that the terms of
730730 as close to one-half of the members as possible expire each year.
731731 [In making the initial or subsequent appointments, the board of
732732 directors or the local administrative district judge or the judge's
733733 designee shall designate those members who serve terms of one year
734734 as needed to comply with this subsection.]
735735 (i) [(f)] A member of the board may be removed from the
736736 board by a majority vote of the state senators and state
737737 representatives [appraisal district board of directors, or by the
738738 local administrative district judge or the judge's designee, as
739739 applicable,] that appointed the member. Grounds for removal are:
740740 (1) a violation of Section 6.412, 6.413, 41.66(f), or
741741 41.69;
742742 (2) good cause relating to the attendance of members
743743 at called meetings of the board as established by written policy
744744 adopted by the county assessor-collector who governs [a majority
745745 of] the appraisal office [district board of directors]; or
746746 (3) clear and convincing evidence of repeated bias or
747747 misconduct.
748748 (j) [(g)] Subsection (a) does not preclude the county
749749 assessor-collectors who govern the appraisal offices established
750750 for [boards of directors of] two or more adjoining counties
751751 [appraisal districts] from providing for the operation of a
752752 consolidated appraisal review board by interlocal contract.
753753 (k) [(h)] When [adjoining] appraisal offices established
754754 for two or more adjoining counties [districts] by interlocal
755755 contract have provided for the operation of a consolidated
756756 appraisal review board:
757757 (1) a reference in this or another section of this code
758758 to the appraisal office [district] means the [adjoining] appraisal
759759 offices established for the adjoining counties [districts];
760760 (2) a reference in this or another section of this code
761761 to the county assessor-collector who governs the appraisal office
762762 [district board of directors] means the county assessor-collectors
763763 who govern [boards of directors of] the [adjoining] appraisal
764764 offices established for the adjoining counties [districts];
765765 (3) a provision of this code that applies to an
766766 appraisal review board also applies to the consolidated appraisal
767767 review board; and
768768 (4) a reference in this code to the appraisal review
769769 board shall be construed to also refer to the consolidated
770770 appraisal review board.
771771 (l) [(i) This subsection applies only to an appraisal
772772 district described by Subsection (d-1).] A chief appraiser or
773773 another employee or agent of the appraisal office [district], a
774774 member of the appraisal review board for the appraisal office
775775 [district], the county assessor-collector who governs [a member of
776776 the board of directors of] the appraisal office [district], a
777777 property tax consultant, or an agent of a property owner commits an
778778 offense if the person communicates with a state senator or state
779779 representative whose district contains any part of the territory
780780 included in the county for which the appraisal office is
781781 established [the local administrative district judge] regarding
782782 the appointment of appraisal review board members. This subsection
783783 does not apply to:
784784 (1) a communication between a member of the appraisal
785785 review board and a state senator or state representative [the local
786786 administrative district judge] regarding the member's
787787 reappointment to the board;
788788 (2) a communication between the taxpayer liaison
789789 officer for the appraisal office [district] and a state senator or
790790 state representative [the local administrative district judge] in
791791 the course of the performance of the officer's clerical duties so
792792 long as the officer does not offer an opinion or comment regarding
793793 the appointment of appraisal review board members;
794794 (3) a communication between a chief appraiser or
795795 another employee or agent of the appraisal office [district], a
796796 member of the appraisal review board for the appraisal office
797797 [district], or the county assessor-collector who governs [a member
798798 of the board of directors of] the appraisal office [district] and a
799799 state senator or state representative [the local administrative
800800 district judge] regarding information relating to or described by
801801 Subsection (e), (g), or (i) [(d-1), (d-5), or (f)] of this section
802802 or Section 411.1296, Government Code; or
803803 (4) a communication between a property tax consultant
804804 or a property owner or an agent of the property owner and the
805805 taxpayer liaison officer for the appraisal office [district]
806806 regarding information relating to or described by Subsection (i)
807807 [(f)].
808808 (m) The taxpayer liaison officer for the appraisal office
809809 [district] shall report the contents of the communication [relating
810810 to or] described by Subsection (l)(4) [(f)] to the pertinent state
811811 senators and state representatives [local administrative district
812812 judge].
813813 (n) [(j)] A chief appraiser or another employee or agent of
814814 an appraisal office [district] commits an offense if the person
815815 communicates with a member of the appraisal review board for the
816816 appraisal office [district], the county assessor-collector who
817817 governs [a member of the board of directors of] the appraisal office
818818 [district], or a state senator or state representative whose
819819 district contains any part of the territory included in the county
820820 for which [, if] the appraisal office is established [district is an
821821 appraisal district described by Subsection (d-1), the local
822822 administrative district judge] regarding a ranking, scoring, or
823823 reporting of the percentage by which the appraisal review board or a
824824 panel of the board reduces the appraised value of property.
825825 (o) [(k)] An offense under Subsection (l) or (n) [(i) or
826826 (j)] is a Class A misdemeanor.
827827 SECTION 23. Sections 6.411(a), (b), and (c-1), Tax Code,
828828 are amended to read as follows:
829829 (a) A member of an appraisal review board commits an offense
830830 if the member communicates with the chief appraiser or another
831831 employee or the county assessor-collector who governs [a member of
832832 the board of directors of] the appraisal office [district] for
833833 which the appraisal review board is established in violation of
834834 Section 41.66(f).
835835 (b) A chief appraiser or another employee of an appraisal
836836 office [district], the county assessor-collector who governs [a
837837 member of a board of directors of] an appraisal office [district],
838838 or a property tax consultant or attorney representing a party to a
839839 proceeding before the appraisal review board commits an offense if
840840 the person communicates with a member of the appraisal review board
841841 established for the appraisal office [district] with the intent to
842842 influence a decision by the member in the member's capacity as a
843843 member of the appraisal review board.
844844 (c-1) This section does not apply to communications with a
845845 member of an appraisal review board by the chief appraiser or
846846 another employee or the county assessor-collector who governs [a
847847 member of the board of directors of] an appraisal office [district]
848848 or a property tax consultant or attorney representing a party to a
849849 proceeding before the appraisal review board:
850850 (1) during a hearing on a protest or other proceeding
851851 before the appraisal review board;
852852 (2) that constitute social conversation;
853853 (3) that are specifically limited to and involve
854854 administrative, clerical, or logistical matters related to the
855855 scheduling and operation of hearings, the processing of documents,
856856 the issuance of orders, notices, and subpoenas, and the operation,
857857 appointment, composition, or attendance at training of the
858858 appraisal review board; or
859859 (4) that are necessary and appropriate to enable the
860860 county assessor-collector who governs [board of directors of] the
861861 appraisal office or the pertinent state senators and state
862862 representatives [district] to determine whether to appoint,
863863 reappoint, or remove a person as a member or the chairman or
864864 secretary of the appraisal review board.
865865 SECTION 24. Sections 6.412(a), (b), (c), and (d), Tax Code,
866866 are amended to read as follows:
867867 (a) An individual is ineligible to serve on an appraisal
868868 review board if the individual:
869869 (1) is related within the second degree by
870870 consanguinity or affinity, as determined under Chapter 573,
871871 Government Code, to an individual who is engaged in the business of
872872 appraising property for compensation for use in proceedings under
873873 this title or of representing property owners for compensation in
874874 proceedings under this title in the appraisal office [district] for
875875 which the appraisal review board is established;
876876 (2) owns property on which delinquent taxes have been
877877 owed to a taxing unit for more than 60 days after the date the
878878 individual knew or should have known of the delinquency unless:
879879 (A) the delinquent taxes and any penalties and
880880 interest are being paid under an installment payment agreement
881881 under Section 33.02; or
882882 (B) a suit to collect the delinquent taxes is
883883 deferred or abated under Section 33.06 or 33.065; or
884884 (3) is related within the third degree by
885885 consanguinity or within the second degree by affinity, as
886886 determined under Chapter 573, Government Code, to the county
887887 assessor-collector who governs [a member of] the appraisal office
888888 [district's board of directors].
889889 (b) A member of an appraisal review board commits an offense
890890 if the board member continues to hold office knowing that an
891891 individual related within the second degree by consanguinity or
892892 affinity, as determined under Chapter 573, Government Code, to the
893893 board member is engaged in the business of appraising property for
894894 compensation for use in proceedings under this title or of
895895 representing property owners for compensation in proceedings under
896896 this title in the appraisal office [district] for which the
897897 appraisal review board is established. An offense under this
898898 subsection is a Class B misdemeanor.
899899 (c) A person is ineligible to serve on the appraisal review
900900 board if the person is the county assessor-collector who governs
901901 the appraisal office [a member of the board of directors], an
902902 officer[,] or employee of the appraisal office [district], an
903903 employee of the comptroller, or a member of the governing body,
904904 officer, or employee of a taxing unit.
905905 (d) A person is ineligible to serve on the appraisal review
906906 board of an appraisal office [district] established for a county
907907 having a population of more than 100,000 if the person:
908908 (1) is a former county assessor-collector who governed
909909 the appraisal office or a [member of the board of directors,] former
910910 officer[,] or former employee of the appraisal office [district];
911911 (2) served as a member of the governing body or officer
912912 of a taxing unit for which the appraisal office [district]
913913 appraises property, until the fourth anniversary of the date the
914914 person ceased to be a member or officer; or
915915 (3) appeared before the appraisal review board for
916916 compensation during the two-year period preceding the date the
917917 person is appointed.
918918 SECTION 25. Sections 6.413(a), (b), and (c), Tax Code, are
919919 amended to read as follows:
920920 (a) An individual is not eligible to be appointed to or to
921921 serve on the appraisal review board established for an appraisal
922922 office [district] if the individual or a business entity in which
923923 the individual has a substantial interest is a party to a contract
924924 with the appraisal office [district] or with a taxing unit that
925925 participates in the appraisal office [district].
926926 (b) An appraisal office [district] may not enter into a
927927 contract with a member of the appraisal review board established
928928 for the appraisal office [district] or with a business entity in
929929 which a member of the appraisal review board has a substantial
930930 interest.
931931 (c) A taxing unit may not enter into a contract with a member
932932 of the appraisal review board established for an appraisal office
933933 [district] in which the taxing unit participates or with a business
934934 entity in which a member of the appraisal review board has a
935935 substantial interest.
936936 SECTION 26. Sections 6.414(a) and (f), Tax Code, are
937937 amended to read as follows:
938938 (a) The county assessor-collector who governs [board of
939939 directors of] an appraisal office [district by resolution of a
940940 majority of the members] may provide for a number of auxiliary
941941 appraisal review board members that the county assessor-collector
942942 [board] considers appropriate to hear taxpayer protests before the
943943 appraisal review board and to assist the board in performing its
944944 duties.
945945 (f) An auxiliary board member is entitled to compensation as
946946 provided by the appraisal office [district] budget and is not
947947 entitled to a per diem or reimbursement of expenses under Section
948948 6.42(c).
949949 SECTION 27. Sections 6.42(a) and (c), Tax Code, are amended
950950 to read as follows:
951951 (a) A majority of the appraisal review board constitutes a
952952 quorum. The county assessor-collector who governs [board of
953953 directors of] the appraisal office [district by resolution] shall
954954 select a chairman and a secretary from among the members of the
955955 appraisal review board. The county assessor-collector who governs
956956 [board of directors of] the appraisal office [district] is
957957 encouraged to select as chairman of the appraisal review board a
958958 member of the appraisal review board, if any, who has a background
959959 in law and property appraisal.
960960 (c) Members of the board are entitled to per diem set by the
961961 appraisal office [district] budget for each day the board meets and
962962 to reimbursement for actual and necessary expenses incurred in the
963963 performance of board functions as provided by the office [district]
964964 budget.
965965 SECTION 28. Sections 6.43(a), (b), (c), and (e), Tax Code,
966966 are amended to read as follows:
967967 (a) The appraisal review board may employ legal counsel as
968968 provided by the appraisal office [district] budget or use the
969969 services of the county attorney.
970970 (b) Except as provided by Subsection (c), an attorney may
971971 not serve as legal counsel for the appraisal review board if the
972972 attorney or a member of the attorney's law firm has during the year
973973 before the date of the appraisal review board's hiring of the
974974 attorney represented a property owner who owns property in the
975975 county for which the appraisal office is established [district], a
976976 taxing unit that participates in the appraisal office [district],
977977 or the appraisal office [district] in a matter addressed by Section
978978 1.111 or 25.25 of this code, Subtitle F of this title, or Subchapter
979979 Z, Chapter 2003, Government Code.
980980 (c) The county attorney for the county in which the
981981 appraisal office [district] is established may provide legal
982982 services to the appraisal review board notwithstanding that the
983983 county attorney or an assistant to the county attorney represents
984984 or has represented the appraisal office [district] or a taxing unit
985985 that participates in the appraisal office [district] in any matter.
986986 (e) An appraisal office [district] may specify in its budget
987987 whether the appraisal review board may employ legal counsel or must
988988 use the services of the county attorney. If the budget authorizes
989989 the board to employ legal counsel, the budget must provide for
990990 reasonable compensation to be paid to the attorney serving as legal
991991 counsel. An appraisal office [district] may not require the board
992992 to employ a specific attorney as legal counsel.
993993 SECTION 29. Section 11.01, Tax Code, is amended to read as
994994 follows:
995995 Sec. 11.01. REAL [AND TANGIBLE PERSONAL] PROPERTY. (a) All
996996 real [and tangible personal] property that this state has
997997 jurisdiction to tax is taxable unless exempt by law.
998998 (b) This state has jurisdiction to tax real property if
999999 located in this state.
10001000 (c) For a tax year that begins after December 31, 2021,
10011001 tangible personal property is not taxable.
10021002 (d) On and after January 1, 2022, a provision of this code or
10031003 another law that would otherwise apply to the taxation of tangible
10041004 personal property for a tax year that begins after December 31,
10051005 2021, has no effect for that tax year.
10061006 (e) Subsections (c) and (d) do not apply to personal
10071007 property taxable under Section 1(l), Article VIII, Texas
10081008 Constitution. [This state has jurisdiction to tax tangible personal
10091009 property if the property is:
10101010 [(1) located in this state for longer than a temporary
10111011 period;
10121012 [(2) temporarily located outside this state and the
10131013 owner resides in this state; or
10141014 [(3) used continually, whether regularly or
10151015 irregularly, in this state.
10161016 [(d) Tangible personal property that is operated or located
10171017 exclusively outside this state during the year preceding the tax
10181018 year and on January 1 of the tax year is not taxable in this state.
10191019 [(e) For purposes of Subsection (c)(3), property is
10201020 considered to be used continually, whether regularly or
10211021 irregularly, in this state if the property is used in this state
10221022 three or more times on regular routes or for three or more completed
10231023 assignments occurring in close succession throughout the year. For
10241024 purposes of this subsection, a series of events are considered to
10251025 occur in close succession throughout the year if they occur in
10261026 sequence within a short period at intervals from the beginning to
10271027 the end of the year.]
10281028 SECTION 30. Section 11.18(a), Tax Code, is amended to read
10291029 as follows:
10301030 (a) An organization that qualifies as a charitable
10311031 organization as provided by this section is entitled to an
10321032 exemption from taxation of:
10331033 (1) the buildings [and tangible personal property]
10341034 that:
10351035 (A) are owned by the charitable organization; and
10361036 (B) except as permitted by Subsection (b), are
10371037 used exclusively by qualified charitable organizations; and
10381038 (2) the real property owned by the charitable
10391039 organization consisting of:
10401040 (A) an incomplete improvement that:
10411041 (i) is under active construction or other
10421042 physical preparation; and
10431043 (ii) is designed and intended to be used
10441044 exclusively by qualified charitable organizations; and
10451045 (B) the land on which the incomplete improvement
10461046 is located that will be reasonably necessary for the use of the
10471047 improvement by qualified charitable organizations.
10481048 SECTION 31. Section 11.181(c), Tax Code, is amended to read
10491049 as follows:
10501050 (c) An organization entitled to an exemption under
10511051 Subsection (a) is also entitled to an exemption from taxation of any
10521052 building [or tangible personal property] the organization owns and
10531053 uses in the administration of its acquisition, building, repair, or
10541054 sale of property. To qualify for an exemption under this
10551055 subsection, property must be used exclusively by the charitable
10561056 organization, except that another individual or organization may
10571057 use the property for activities incidental to the charitable
10581058 organization's use that benefit the beneficiaries of the charitable
10591059 organization.
10601060 SECTION 32. Section 11.182(f), Tax Code, is amended to read
10611061 as follows:
10621062 (f) An organization entitled to an exemption under
10631063 Subsection (b) is also entitled to an exemption from taxation of any
10641064 building [or tangible personal property] the organization owns and
10651065 uses in the administration of its acquisition, building, repair,
10661066 sale, or rental of property. To qualify for an exemption under this
10671067 subsection, property must be used exclusively by the organization,
10681068 except that another person may use the property for activities
10691069 incidental to the organization's use that benefit the beneficiaries
10701070 of the organization.
10711071 SECTION 33. Section 11.1827(d), Tax Code, is amended to
10721072 read as follows:
10731073 (d) A community land trust entitled to an exemption from
10741074 taxation by a taxing unit under Subsection (b) is also entitled to
10751075 an exemption from taxation by the taxing unit of any real [or
10761076 tangible personal] property the trust owns and uses in the
10771077 administration of its acquisition, construction, repair, sale, or
10781078 leasing of property. To qualify for an exemption under this
10791079 subsection, property must be used exclusively by the trust, except
10801080 that another person may use the property for activities incidental
10811081 to the trust's use that benefit the beneficiaries of the trust.
10821082 SECTION 34. Section 11.184(c), Tax Code, is amended to read
10831083 as follows:
10841084 (c) A qualified charitable organization is entitled to an
10851085 exemption from taxation of:
10861086 (1) the buildings and other real property [and the
10871087 tangible personal property] that:
10881088 (A) are owned by the organization; and
10891089 (B) except as permitted by Subsection (d), are
10901090 used exclusively by the organization and other organizations
10911091 eligible for an exemption from taxation under this section or
10921092 Section 11.18; and
10931093 (2) the real property owned by the organization
10941094 consisting of:
10951095 (A) an incomplete improvement that:
10961096 (i) is under active construction or other
10971097 physical preparation; and
10981098 (ii) is designed and intended to be used
10991099 exclusively by the organization and other organizations eligible
11001100 for an exemption from taxation under this section or Section 11.18;
11011101 and
11021102 (B) the land on which the incomplete improvement
11031103 is located that will be reasonably necessary for the use of the
11041104 improvement by the organization and other organizations eligible
11051105 for an exemption from taxation under this section or Section 11.18.
11061106 SECTION 35. Section 11.185(c), Tax Code, is amended to read
11071107 as follows:
11081108 (c) An organization entitled to an exemption under
11091109 Subsection (a) is also entitled to an exemption from taxation of any
11101110 building [or tangible personal property] the organization owns and
11111111 uses in the administration of its acquisition, building, repair, or
11121112 sale of property. To qualify for an exemption under this
11131113 subsection, property must be used exclusively by the charitable
11141114 organization, except that another individual or organization may
11151115 use the property for activities incidental to the charitable
11161116 organization's use that benefit the beneficiaries of the charitable
11171117 organization.
11181118 SECTION 36. Sections 11.20(a), (d), (f), (g), (h), (j), and
11191119 (k), Tax Code, are amended to read as follows:
11201120 (a) An organization that qualifies as a religious
11211121 organization as provided by Subsection (c) is entitled to an
11221122 exemption from taxation of:
11231123 (1) the real property that is owned by the religious
11241124 organization, is used primarily as a place of regular religious
11251125 worship, and is reasonably necessary for engaging in religious
11261126 worship;
11271127 (2) [the tangible personal property that is owned by
11281128 the religious organization and is reasonably necessary for engaging
11291129 in worship at the place of worship specified in Subdivision (1);
11301130 [(3)] the real property that is owned by the religious
11311131 organization and is reasonably necessary for use as a residence
11321132 (but not more than one acre of land for each residence) if the
11331133 property:
11341134 (A) is used exclusively as a residence for those
11351135 individuals whose principal occupation is to serve in the clergy of
11361136 the religious organization; and
11371137 (B) produces no revenue for the religious
11381138 organization;
11391139 (3) [(4) the tangible personal property that is owned
11401140 by the religious organization and is reasonably necessary for use
11411141 of the residence specified by Subdivision (3);
11421142 [(5)] the real property owned by the religious
11431143 organization consisting of:
11441144 (A) an incomplete improvement that is under
11451145 active construction or other physical preparation and that is
11461146 designed and intended to be used by the religious organization as a
11471147 place of regular religious worship when complete; and
11481148 (B) the land on which the incomplete improvement
11491149 is located that will be reasonably necessary for the religious
11501150 organization's use of the improvement as a place of regular
11511151 religious worship;
11521152 (4) [(6)] the land that the religious organization
11531153 owns for the purpose of expansion of the religious organization's
11541154 place of regular religious worship or construction of a new place of
11551155 regular religious worship if:
11561156 (A) the religious organization qualifies other
11571157 property, including a portion of the same tract or parcel of land,
11581158 owned by the organization for an exemption under Subdivision (1) or
11591159 (3) [(5)]; and
11601160 (B) the land produces no revenue for the
11611161 religious organization; and
11621162 (5) [(7)] the real property owned by the religious
11631163 organization that is leased to another person and used by that
11641164 person for the operation of a school that qualifies as a school
11651165 under Section 11.21(d).
11661166 (d) Use of property that qualifies for the exemption
11671167 prescribed by Subsection (a)(1) [or (2)] or by Subsection (h)(1)
11681168 for occasional secular purposes other than religious worship does
11691169 not result in loss of the exemption if the primary use of the
11701170 property is for religious worship and all income from the other use
11711171 is devoted exclusively to the maintenance and development of the
11721172 property as a place of religious worship.
11731173 (f) A property may not be exempted under Subsection (a)(3)
11741174 [(a)(5)] for more than three years.
11751175 (g) For purposes of Subsection (a)(3) [(a)(5)], an
11761176 incomplete improvement is under physical preparation if the
11771177 religious organization has engaged in architectural or engineering
11781178 work, soil testing, land clearing activities, or site improvement
11791179 work necessary for the construction of the improvement or has
11801180 conducted an environmental or land use study relating to the
11811181 construction of the improvement.
11821182 (h) Property owned by this state or a political subdivision
11831183 of this state, including a leasehold or other possessory interest
11841184 in the property, that is held or occupied by an organization that
11851185 qualifies as a religious organization as provided by Subsection (c)
11861186 is entitled to an exemption from taxation if the property:
11871187 (1) is used by the organization primarily as a place of
11881188 regular religious worship and is reasonably necessary for engaging
11891189 in religious worship; or
11901190 (2) meets the qualifications for an exemption under
11911191 Subsection (a)(3) [(a)(5)].
11921192 (j) A tract of land that is contiguous to the tract of land
11931193 on which the religious organization's place of regular religious
11941194 worship is located may not be exempted under Subsection (a)(4)
11951195 [(a)(6)] for more than six years. A tract of land that is not
11961196 contiguous to the tract of land on which the religious
11971197 organization's place of regular religious worship is located may
11981198 not be exempted under Subsection (a)(4) [(a)(6)] for more than
11991199 three years. For purposes of this subsection, a tract of land is
12001200 considered to be contiguous with another tract of land if the tracts
12011201 are divided only by a road, railroad track, river, or stream.
12021202 (k) For purposes of Subsection (a)(4) [(a)(6)], an
12031203 application or statement accompanying an application for the
12041204 exemption stating that the land is owned for the purposes described
12051205 by Subsection (a)(4) [(a)(6)] and signed by an authorized officer
12061206 of the organization is sufficient to establish that the land is
12071207 owned for those purposes.
12081208 SECTION 37. Sections 11.201(a) and (c), Tax Code, are
12091209 amended to read as follows:
12101210 (a) If land is sold or otherwise transferred to another
12111211 person in a year in which the land receives an exemption under
12121212 Section 11.20(a)(4) [11.20(a)(6)], an additional tax is imposed on
12131213 the land equal to the tax that would have been imposed on the land
12141214 had the land been taxed for each of the five years preceding the
12151215 year in which the sale or transfer occurs in which the land received
12161216 an exemption under that subsection, plus interest at an annual rate
12171217 of seven percent calculated from the dates on which the taxes would
12181218 have become due.
12191219 (c) If only part of a parcel of land that is exempted under
12201220 Section 11.20(a)(4) [11.20(a)(6)] is sold or transferred, the tax
12211221 applies only to that part of the parcel and equals the taxes that
12221222 would have been imposed had that part been taxed.
12231223 SECTION 38. Sections 11.21(a), (b), and (f), Tax Code, are
12241224 amended to read as follows:
12251225 (a) A person is entitled to an exemption from taxation of:
12261226 (1) the buildings [and tangible personal property]
12271227 that the person owns and that are used for a school that is
12281228 qualified as provided by Subsection (d) if:
12291229 (A) the school is operated exclusively by the
12301230 person owning the property;
12311231 (B) except as permitted by Subsection (b), the
12321232 buildings [and tangible personal property] are used exclusively for
12331233 educational functions; and
12341234 (C) the buildings [and tangible personal
12351235 property] are reasonably necessary for the operation of the school;
12361236 and
12371237 (2) the real property owned by the person consisting
12381238 of:
12391239 (A) an incomplete improvement that:
12401240 (i) is under active construction or other
12411241 physical preparation; and
12421242 (ii) is designed and intended to be used for
12431243 a school that is qualified as provided by Subsection (d); and
12441244 (B) the land on which the incomplete improvement
12451245 is located that will be reasonably necessary for the use of the
12461246 improvement for a school that is qualified as provided by
12471247 Subsection (d).
12481248 (b) Use of exempt [tangible] property for functions other
12491249 than educational functions does not result in loss of an exemption
12501250 authorized by this section if those other functions are incidental
12511251 to use of the property for educational functions and benefit the
12521252 students or faculty of the school.
12531253 (f) Notwithstanding Subsection (a), a person is entitled to
12541254 an exemption from taxation of the buildings [and tangible personal
12551255 property] the person acquires for use for a school that meets each
12561256 requirement of Subsection (d) if:
12571257 (1) the person authorizes the former owner to continue
12581258 to use the property pending the use of the property for a school;
12591259 and
12601260 (2) the former owner would be entitled to an exemption
12611261 from taxation of the property if the former owner continued to own
12621262 the property.
12631263 SECTION 39. Section 11.23(m), Tax Code, is amended to read
12641264 as follows:
12651265 (m) National Hispanic Institute. The National Hispanic
12661266 Institute is entitled to an exemption from taxation of the real [and
12671267 tangible personal] property it owns as long as the organization is
12681268 exempt from federal income taxation under Section 501(a), Internal
12691269 Revenue Code of 1986, as an organization described by Section
12701270 501(c)(3) of that code.
12711271 SECTION 40. Section 11.231(b), Tax Code, is amended to read
12721272 as follows:
12731273 (b) An association that qualifies as a nonprofit community
12741274 business organization as provided by this section is entitled to an
12751275 exemption from taxation of:
12761276 (1) the buildings [and tangible personal property]
12771277 that:
12781278 (A) are owned by the nonprofit community business
12791279 organization; and
12801280 (B) except as permitted by Subsection (c), are
12811281 used exclusively by qualified nonprofit community business
12821282 organizations to perform their primary functions; and
12831283 (2) the real property owned by the nonprofit community
12841284 business organization consisting of:
12851285 (A) an incomplete improvement that:
12861286 (i) is under active construction or other
12871287 physical preparation; and
12881288 (ii) is designed and intended to be used
12891289 exclusively by qualified nonprofit community business
12901290 organizations; and
12911291 (B) the land on which the incomplete improvement
12921292 is located that will be reasonably necessary for the use of the
12931293 improvement by qualified nonprofit community business
12941294 organizations.
12951295 SECTION 41. Sections 11.43(a), (b), (c), and (e), Tax Code,
12961296 are amended to read as follows:
12971297 (a) To receive an exemption, a person claiming the
12981298 exemption, other than an exemption authorized by Section 11.11,
12991299 11.12, or [11.14, 11.145,] 11.146[, 11.15, 11.16, 11.161, or 11.25
13001300 of this code], must apply for the exemption. To apply for an
13011301 exemption, a person must file an exemption application form with
13021302 the chief appraiser for the [each] appraisal office established for
13031303 each county [district] in which the property subject to the claimed
13041304 exemption has situs.
13051305 (b) Except as provided by Subsection (c) and by Section
13061306 [Sections] 11.184 [and 11.437], a person required to apply for an
13071307 exemption must apply each year the person claims entitlement to the
13081308 exemption.
13091309 (c) An exemption provided by Section 11.13, 11.131, 11.132,
13101310 11.133, 11.134, 11.17, 11.18, 11.182, 11.1827, 11.183, 11.19,
13111311 11.20, 11.21, 11.22, 11.23(a), (h), (j), (j-1), or (m), 11.231,
13121312 [11.254,] 11.27, [11.271,] 11.29, 11.30, or 11.31, [or 11.315,]
13131313 once allowed, need not be claimed in subsequent years, and except as
13141314 otherwise provided by Subsection (e), the exemption applies to the
13151315 property until it changes ownership or the person's qualification
13161316 for the exemption changes. However, except as provided by
13171317 Subsection (r), the chief appraiser may require a person allowed
13181318 one of the exemptions in a prior year to file a new application to
13191319 confirm the person's current qualification for the exemption by
13201320 delivering a written notice that a new application is required,
13211321 accompanied by an appropriate application form, to the person
13221322 previously allowed the exemption. If the person previously allowed
13231323 the exemption is 65 years of age or older, the chief appraiser may
13241324 not cancel the exemption due to the person's failure to file the new
13251325 application unless the chief appraiser complies with the
13261326 requirements of Subsection (q), if applicable.
13271327 (e) Except as provided by Section 11.422, 11.431, 11.433,
13281328 11.434, 11.435, or 11.439, [or 11.4391,] if a person required to
13291329 apply for an exemption in a given year fails to file timely a
13301330 completed application form, the person may not receive the
13311331 exemption for that year.
13321332 SECTION 42. Section 21.06(a), Tax Code, is amended to read
13331333 as follows:
13341334 (a) Except as provided by Section 21.08 [Sections 21.07
13351335 through 21.09 of this code], intangible property is taxable by a
13361336 taxing unit if the owner of the property resides in the unit on
13371337 January 1, unless the property normally is used in this state for
13381338 business purposes outside the unit. In that event, the intangible
13391339 property is taxable by each taxing unit in which the property
13401340 normally is used for business purposes.
13411341 SECTION 43. Sections 22.01(a), (b), (c), (c-2), (f), and
13421342 (g), Tax Code, are amended to read as follows:
13431343 (a) [Except as provided by Chapter 24, a person shall render
13441344 for taxation all tangible personal property used for the production
13451345 of income that the person owns or that the person manages and
13461346 controls as a fiduciary on January 1.] A rendition statement shall
13471347 contain:
13481348 (1) the name and address of the property owner;
13491349 (2) a description of the property by type or category;
13501350 (3) [if the property is inventory, a description of
13511351 each type of inventory and a general estimate of the quantity of
13521352 each type of inventory;
13531353 [(4)] the physical location or taxable situs of the
13541354 property; and
13551355 (4) [(5)] the property owner's good faith estimate of
13561356 the market value of the property or, at the option of the property
13571357 owner, the historical cost when new and the year of acquisition of
13581358 the property.
13591359 (b) When required by the chief appraiser, a person shall
13601360 render for taxation any [other] taxable property that the person
13611361 [he] owns or that the person [he] manages and controls as a
13621362 fiduciary on January 1.
13631363 (c) A person may render for taxation any property that the
13641364 person [he] owns or that the person [he] manages and controls as a
13651365 fiduciary on January 1, although the person [he] is not required to
13661366 render it by Subsection [(a) or] (b) [of this section].
13671367 (c-2) With the consent of the property owner, a secured
13681368 party may render for taxation any property of the property owner in
13691369 which the secured party has a security interest on January 1,
13701370 although the secured party is not required to render the property by
13711371 Subsection [(a) or] (b). This subsection applies only to property
13721372 that has a historical cost when new of more than $50,000.
13731373 (f) Notwithstanding Subsection [Subsections] (a) [and (b)],
13741374 a rendition statement of a person who owns [tangible personal]
13751375 property [used for the production of income] located in the county
13761376 for which the appraisal office is established [district] that, in
13771377 the owner's opinion, has an aggregate value of less than $20,000 is
13781378 required to contain only:
13791379 (1) the name and address of the property owner;
13801380 (2) a general description of the property by type or
13811381 category; and
13821382 (3) the physical location or taxable situs of the
13831383 property.
13841384 (g) A person's good faith estimate of the market value of
13851385 the property under Subsection (a)(4) [(a)(5)] is solely for the
13861386 purpose of compliance with any [the] requirement to render
13871387 [tangible personal] property and is inadmissible in any subsequent
13881388 protest, hearing, appeal, suit, or other proceeding under this
13891389 title involving the property, except for:
13901390 (1) a proceeding to determine whether the person
13911391 complied with this section;
13921392 (2) a proceeding under Section 22.29(b); or
13931393 (3) a protest under Section 41.41.
13941394 SECTION 44. Section 22.02, Tax Code, is amended to read as
13951395 follows:
13961396 Sec. 22.02. RENDITION OF PROPERTY LOSING EXEMPTION DURING
13971397 TAX YEAR [OR FOR WHICH EXEMPTION APPLICATION IS DENIED]. [(a)] If
13981398 an exemption applicable to a property on January 1 terminates
13991399 during the tax year, the person who owns or acquires the property on
14001400 the date applicability of the exemption terminates shall render the
14011401 property for taxation within 30 days after the date of termination.
14021402 [(b) If the chief appraiser denies an application for an
14031403 exemption for property described by Section 22.01(a), the person
14041404 who owns the property on the date the application is denied shall
14051405 render the property for taxation in the manner provided by Section
14061406 22.01 within 30 days after the date of denial.]
14071407 SECTION 45. Section 22.05, Tax Code, is amended to read as
14081408 follows:
14091409 Sec. 22.05. RENDITION BY RAILROAD. (a) A [In addition to
14101410 other reports required by Chapter 24 of this code, a] railroad
14111411 corporation shall render the real property the railroad corporation
14121412 owns or possesses as of January 1.
14131413 (b) The rendition shall:
14141414 (1) list all real property other than the property
14151415 covered by Subdivision (2) [of this subsection]; and
14161416 (2) list the number of miles of railroad together with
14171417 the market value per mile, which value shall include right-of-way,
14181418 roadbed, superstructure, and all buildings and improvements used in
14191419 the operation of the railroad[; and
14201420 [(3) list all personal property as required by Section
14211421 22.01 of this code].
14221422 SECTION 46. The heading to Section 22.07, Tax Code, is
14231423 amended to read as follows:
14241424 Sec. 22.07. STATEMENT INDICATING HOW VALUE RENDERED
14251425 [INSPECTION OF PROPERTY].
14261426 SECTION 47. Section 22.07, Tax Code, is amended by amending
14271427 Subsection (c) and adding Subsection (c-1) to read as follows:
14281428 (c) The chief appraiser may request, either in writing or by
14291429 electronic means, that the property owner provide a statement
14301430 containing supporting information indicating how the value
14311431 rendered under Section 22.01(a)(4) [22.01(a)(5)] was determined.
14321432 The statement must:
14331433 (1) summarize information sufficient to identify the
14341434 property, including:
14351435 (A) the physical and economic characteristics
14361436 relevant to the opinion of value, if appropriate; and
14371437 (B) the source of the information used;
14381438 (2) state the effective date of the opinion of value;
14391439 and
14401440 (3) explain the basis of the value rendered.
14411441 (c-1) If the property owner is a business with 50 employees
14421442 or less, the property owner may base the estimate of value on the
14431443 depreciation schedules used for federal income tax purposes.
14441444 SECTION 48. Section 23.01(f), Tax Code, is amended to read
14451445 as follows:
14461446 (f) The selection of comparable properties and the
14471447 application of appropriate adjustments for the determination of an
14481448 appraised value of property by any person under Section 41.43(b)
14491449 [41.43(b)(3)] or 42.26(a) [42.26(a)(3)] must be based on the
14501450 application of generally accepted appraisal methods and
14511451 techniques. Adjustments must be based on recognized methods and
14521452 techniques that are necessary to produce a credible opinion.
14531453 SECTION 49. Section 23.0101, Tax Code, is amended to read as
14541454 follows:
14551455 Sec. 23.0101. CONSIDERATION OF ALTERNATE APPRAISAL
14561456 METHODS. (a) Except as provided by Subsections (b) and (c), in
14571457 [In] determining the market value of property, the chief appraiser
14581458 shall consider the cost, income, and market data comparison methods
14591459 of appraisal and use the most appropriate method.
14601460 (b) In determining the market value of residential real
14611461 property consisting of a single-family home, duplex, triplex, or
14621462 quadraplex constructed by or on behalf of the owner, the chief
14631463 appraiser shall use the cost method of appraisal.
14641464 (c) Except as otherwise provided by this title, in
14651465 determining the market value of real property other than a
14661466 single-family home, duplex, triplex, quadraplex, or tract of
14671467 unimproved land, the chief appraiser shall use the income method of
14681468 appraisal.
14691469 SECTION 50. Section 23.014, Tax Code, is amended to read as
14701470 follows:
14711471 Sec. 23.014. EXCLUSION OF PROPERTY AS REAL PROPERTY. In
14721472 [Except as provided by Section 23.24(b), in] determining the market
14731473 value of real property, the chief appraiser shall analyze the
14741474 effect on that value of, and exclude from that value the value of,
14751475 any:
14761476 (1) tangible personal property, including trade
14771477 fixtures;
14781478 (2) intangible personal property; or
14791479 (3) other property that is not subject to appraisal as
14801480 real property.
14811481 SECTION 51. Section 23.02, Tax Code, is amended to read as
14821482 follows:
14831483 Sec. 23.02. REAPPRAISAL OF PROPERTY DAMAGED IN DISASTER
14841484 AREA. (a) The chief appraiser of an appraisal office that
14851485 appraises property for [governing body of] a taxing unit that is
14861486 located partly or entirely inside an area declared to be a disaster
14871487 area by the governor shall reappraise [may authorize reappraisal
14881488 of] all property damaged in the disaster at its market value
14891489 immediately after the disaster.
14901490 (b) The chief appraiser [If a taxing unit authorizes a
14911491 reappraisal pursuant to this section, the appraisal office] shall
14921492 complete the reappraisal as soon as practicable. The chief
14931493 appraiser [appraisal office] shall include on the appraisal
14941494 records, in addition to other information required or authorized by
14951495 law:
14961496 (1) the date of the disaster; and
14971497 (2) the appraised value of the property after the
14981498 disaster[; and
14991499 [(3) if the reappraisal is not authorized by all
15001500 taxing units in which the property is located, an indication of the
15011501 taxing units to which the reappraisal applies].
15021502 (c) A taxing unit for which property is reappraised [that
15031503 authorizes a reappraisal] under this section must pay the appraisal
15041504 office [district] all the costs of making the reappraisal. If
15051505 property in the same territory is reappraised for two or more taxing
15061506 units [provide for the reappraisal in the same territory], each
15071507 taxing unit shall share the costs of the reappraisal in that
15081508 territory in the proportion the total dollar amount of taxes each
15091509 taxing unit imposed in that territory in the preceding year bears to
15101510 the total dollar amount of taxes all taxing units [providing for
15111511 reappraisal of that territory] imposed in that territory in the
15121512 preceding year.
15131513 (d) If property damaged in a disaster is reappraised for a
15141514 taxing unit as provided by this section, the governing body of the
15151515 taxing unit shall provide for prorating the taxes on the property
15161516 for the year in which the disaster occurred. The [If the taxes are]
15171517 prorated[,] taxes due on the property are determined as follows:
15181518 the taxes on the property based on its value on January 1 of that
15191519 year are multiplied by a fraction, the denominator of which is 365
15201520 and the numerator of which is the number of days before the date the
15211521 disaster occurred; the taxes on the property based on its
15221522 reappraised value are multiplied by a fraction, the denominator of
15231523 which is 365 and the numerator of which is the number of days,
15241524 including the date the disaster occurred, remaining in the year;
15251525 and the total of the two amounts is the amount of taxes on the
15261526 property for the year.
15271527 SECTION 52. Sections 23.12(a) and (f), Tax Code, are
15281528 amended to read as follows:
15291529 (a) The [Except as provided by Sections 23.121, 23.1241,
15301530 23.124, and 23.127, the] market value of a real property [an]
15311531 inventory is the price for which it would sell as a unit to a
15321532 purchaser who would continue the business. A real property [An]
15331533 inventory includes [shall include] residential real property which
15341534 has never been occupied as a residence and is held for sale in the
15351535 ordinary course of a trade or business, provided that the
15361536 residential real property remains unoccupied, is not leased or
15371537 rented, and produces no income.
15381538 (f) The owner of an inventory [other than a dealer's motor
15391539 vehicle inventory as that term is defined by Section 23.121, a
15401540 dealer's heavy equipment inventory as that term is defined by
15411541 Section 23.1241, or a dealer's vessel and outboard motor inventory
15421542 as that term is defined by Section 23.124, or a retail manufactured
15431543 housing inventory as that term is defined by Section 23.127] may
15441544 elect to have the inventory appraised at its market value as of
15451545 September 1 of the year preceding the tax year to which the
15461546 appraisal applies by filing an application with the chief appraiser
15471547 requesting that the inventory be appraised as of September 1. The
15481548 application must clearly describe the inventory to which it applies
15491549 and be signed by the owner of the inventory. The application
15501550 applies to the appraisal of the inventory in each tax year that
15511551 begins after the next August 1 following the date the application is
15521552 filed with the chief appraiser unless the owner of the inventory by
15531553 written notice filed with the chief appraiser revokes the
15541554 application or the ownership of the inventory changes. A notice
15551555 revoking the application is effective for each tax year that begins
15561556 after the next September following the date the notice of
15571557 revocation is filed with the chief appraiser.
15581558 SECTION 53. Section 23.23(a), Tax Code, is amended to read
15591559 as follows:
15601560 (a) Regardless [Notwithstanding the requirements of Section
15611561 25.18 and regardless] of whether the appraisal office has appraised
15621562 the property and determined the market value of the property for the
15631563 tax year, an appraisal office may increase the appraised value of a
15641564 residence homestead for a tax year to an amount not to exceed the
15651565 lesser of:
15661566 (1) the market value of the property for the most
15671567 recent tax year that the market value was determined by the
15681568 appraisal office; or
15691569 (2) the sum of:
15701570 (A) 10 percent of the appraised value of the
15711571 property for the preceding tax year;
15721572 (B) the appraised value of the property for the
15731573 preceding tax year; and
15741574 (C) the market value of all new improvements to
15751575 the property.
15761576 SECTION 54. Subchapter B, Chapter 23, Tax Code, is amended
15771577 by adding Section 23.231 to read as follows:
15781578 Sec. 23.231. LIMITATION ON APPRAISED VALUE OF CERTAIN REAL
15791579 PROPERTY. (a) This section applies only to residential real
15801580 property consisting of a single-family home, duplex, triplex, or
15811581 quadraplex or to a tract of unimproved land that the owner acquired
15821582 as a bona fide purchaser for value.
15831583 (b) This section applies to property only if the owner
15841584 discloses the purchase price the owner paid for the property to the
15851585 appraisal office.
15861586 (c) This section does not apply to property if:
15871587 (1) the purchase of the property was made:
15881588 (A) pursuant to a court order;
15891589 (B) from a trustee in bankruptcy;
15901590 (C) by one co-owner from one or more other
15911591 co-owners;
15921592 (D) from a spouse or a person or persons within
15931593 the first or second degree of lineal consanguinity of one or more of
15941594 the purchasers; or
15951595 (E) from a governmental entity; or
15961596 (2) the chief appraiser determines that the owner of
15971597 the property was not a bona fide purchaser for value under criteria
15981598 established by rules adopted by the comptroller for that purpose.
15991599 (d) Regardless of whether the appraisal office has
16001600 appraised the property and determined the market value of the
16011601 property for the tax year, the appraised value of property for a tax
16021602 year may not exceed the lesser of:
16031603 (1) the market value of the property; or
16041604 (2) the sum of:
16051605 (A) the purchase price paid by the property owner
16061606 for the property; and
16071607 (B) the market value of each new improvement to
16081608 the property as of January 1 of the first tax year in which the
16091609 improvement was added to the appraisal roll.
16101610 (e) When appraising property, the chief appraiser shall:
16111611 (1) appraise the property at its market value; and
16121612 (2) include in the appraisal records both the market
16131613 value of the property and the amount computed under Subsection
16141614 (d)(2).
16151615 (f) The limitation provided by Subsection (a) takes effect
16161616 as to property on January 1 of the first tax year the owner
16171617 qualifies the property for a limitation under this section. The
16181618 limitation expires on January 1 of the first tax year that neither
16191619 the owner of the property when the limitation took effect nor the
16201620 owner's spouse or surviving spouse qualifies for the limitation.
16211621 (g) This section does not apply to property appraised under
16221622 Subchapter C, D, E, F, or G.
16231623 (h) To receive a limitation on appraised value under this
16241624 section, the owner of the property must apply for the limitation.
16251625 To apply for the limitation, the owner must file an application with
16261626 the chief appraiser for each appraisal office in which the property
16271627 subject to the claimed limitation has situs. The application must
16281628 be filed not later than May 1 of the year after the year in which the
16291629 owner acquired the property. The comptroller by rule shall
16301630 prescribe the form for the application to ensure that the applicant
16311631 furnishes the information necessary to determine the applicant's
16321632 eligibility for the limitation, including the price for which the
16331633 applicant acquired the property.
16341634 (i) In this section, "new improvement" means an improvement
16351635 to property made since the owner acquired the property that
16361636 increases the market value of the property. The term does not
16371637 include repairs to or ordinary maintenance of an existing structure
16381638 or the grounds or another feature of the property.
16391639 (j) Notwithstanding Subsections (d) and (i) and except as
16401640 provided by Subdivision (2) of this subsection, an improvement to
16411641 property that would otherwise constitute a new improvement is not
16421642 treated as a new improvement if the improvement is a replacement
16431643 structure for a structure that was rendered uninhabitable or
16441644 unusable by a casualty or by wind or water damage. For purposes of
16451645 appraising the property under Subsection (d) in the tax year in
16461646 which the structure would have constituted a new improvement:
16471647 (1) the appraised value the property would have had in
16481648 the preceding tax year if the casualty or damage had not occurred is
16491649 considered to be the appraised value of the property for that year,
16501650 regardless of whether that appraised value exceeds the actual
16511651 appraised value of the property for that year as limited by
16521652 Subsection (d); and
16531653 (2) the replacement structure is considered to be a
16541654 new improvement only if:
16551655 (A) the square footage of the replacement
16561656 structure exceeds that of the replaced structure as that structure
16571657 existed before the casualty or damage occurred; or
16581658 (B) the exterior of the replacement structure is
16591659 of higher quality construction and composition than that of the
16601660 replaced structure.
16611661 (k) In this subsection, "disaster recovery program" means
16621662 the disaster recovery program administered by the General Land
16631663 Office that is funded with community development block grant
16641664 disaster recovery money authorized by the Consolidated Security,
16651665 Disaster Assistance, and Continuing Appropriations Act, 2009 (Pub.
16661666 L. No. 110-329), and the Consolidated and Further Continuing
16671667 Appropriations Act, 2012 (Pub. L. No. 112-55). Notwithstanding
16681668 Subsection (j)(2), and only to the extent necessary to satisfy the
16691669 requirements of the disaster recovery program, a replacement
16701670 structure described by that subdivision is not considered to be a
16711671 new improvement if to satisfy the requirements of the disaster
16721672 recovery program it was necessary that:
16731673 (1) the square footage of the replacement structure
16741674 exceed that of the replaced structure as that structure existed
16751675 before the casualty or damage occurred; or
16761676 (2) the exterior of the replacement structure be of
16771677 higher quality construction and composition than that of the
16781678 replaced structure.
16791679 (l) For purposes of Subsection (d)(2)(B), an improvement is
16801680 considered to be a new improvement in a tax year if the market value
16811681 of the improvement increased from the value of the improvement in
16821682 the preceding tax year because the improvement was not complete in
16831683 the preceding tax year.
16841684 SECTION 55. The heading to Section 25.18, Tax Code, is
16851685 amended to read as follows:
16861686 Sec. 25.18. REAPPRAISAL OF PROPERTY [PERIODIC
16871687 REAPPRAISALS].
16881688 SECTION 56. Section 25.18(a), Tax Code, is amended to read
16891689 as follows:
16901690 (a) An [Each] appraisal office may reappraise [shall
16911691 implement the plan for periodic reappraisal of] property if the
16921692 chief appraiser determines that conditions warrant the reappraisal
16931693 [approved by the board of directors under Section 6.05(i)].
16941694 SECTION 57. Section 25.19(b), Tax Code, is amended to read
16951695 as follows:
16961696 (b) The chief appraiser shall [separate real from personal
16971697 property and] include in the notice for each property:
16981698 (1) a list of the taxing units in which the property is
16991699 taxable;
17001700 (2) the appraised value of the property in the
17011701 preceding year;
17021702 (3) the taxable value of the property in the preceding
17031703 year for each taxing unit taxing the property;
17041704 (4) the appraised value of the property for the
17051705 current year, the kind and amount of each exemption and partial
17061706 exemption, if any, approved for the property for the current year
17071707 and for the preceding year, and, if an exemption or partial
17081708 exemption that was approved for the preceding year was canceled or
17091709 reduced for the current year, the amount of the exemption or partial
17101710 exemption canceled or reduced;
17111711 (5) if the appraised value is greater than it was in
17121712 the preceding year, the amount of tax that would be imposed on the
17131713 property on the basis of the tax rate for the preceding year;
17141714 (6) in italic typeface, the following statement: "The
17151715 Texas Legislature does not set the amount of your local taxes. Your
17161716 property tax burden is decided by your locally elected officials,
17171717 and all inquiries concerning your taxes should be directed to those
17181718 officials";
17191719 (7) a detailed explanation of the time and procedure
17201720 for protesting the value;
17211721 (8) the date and place the appraisal review board will
17221722 begin hearing protests; and
17231723 (9) a brief explanation that the governing body of
17241724 each taxing unit decides whether or not taxes on the property will
17251725 increase and the appraisal office [district] only determines the
17261726 value of the property.
17271727 SECTION 58. Sections 26.012(6) and (15), Tax Code, are
17281728 amended to read as follows:
17291729 (6) "Current total value" means the total taxable
17301730 value of property listed on the appraisal roll for the current year,
17311731 including all appraisal roll supplements and corrections as of the
17321732 date of the calculation, less the taxable value of property
17331733 exempted for the current tax year for the first time under Section
17341734 11.31 [or 11.315], except that:
17351735 (A) the current total value for a school district
17361736 excludes:
17371737 (i) the total value of homesteads that
17381738 qualify for a tax limitation as provided by Section 11.26; and
17391739 (ii) new property value of property that is
17401740 subject to an agreement entered into under Chapter 313; and
17411741 (B) the current total value for a county,
17421742 municipality, or junior college district excludes the total value
17431743 of homesteads that qualify for a tax limitation provided by Section
17441744 11.261.
17451745 (15) "Lost property levy" means the amount of taxes
17461746 levied in the preceding year on property value that was taxable in
17471747 the preceding year but is not taxable in the current year because
17481748 the property is exempt in the current year under a provision of this
17491749 code [other than Section 11.251 or 11.253], the property has
17501750 qualified for special appraisal under Chapter 23 in the current
17511751 year, or the property is located in territory that has ceased to be
17521752 a part of the unit since the preceding year.
17531753 SECTION 59. Section 26.09(b), Tax Code, is amended to read
17541754 as follows:
17551755 (b) [The county assessor-collector shall add the properties
17561756 and their values certified to him as provided by Chapter 24 of this
17571757 code to the appraisal roll for county tax purposes.] The county
17581758 assessor-collector shall use the appraisal roll certified to the
17591759 county assessor-collector [him] as provided by Section 26.01 [with
17601760 the added properties and values] to calculate county taxes.
17611761 SECTION 60. Section 31.032(a), Tax Code, is amended to read
17621762 as follows:
17631763 (a) This section applies only to:
17641764 (1) real property that:
17651765 (A) is:
17661766 (i) the residence homestead of the owner or
17671767 consists of property that is used for residential purposes and that
17681768 has fewer than five living units; or
17691769 (ii) owned or leased by a business entity
17701770 that had not more than the amount calculated as provided by
17711771 Subsection (h) in gross receipts in the entity's most recent
17721772 federal tax year or state franchise tax annual period, according to
17731773 the applicable federal income tax return or state franchise tax
17741774 report of the entity;
17751775 (B) is located in a disaster area; and
17761776 (C) has been damaged as a direct result of the
17771777 disaster; and
17781778 (2) [tangible personal property that is owned or
17791779 leased by a business entity described by Subdivision (1)(A)(ii);
17801780 and
17811781 [(3)] taxes that are imposed on the property by a
17821782 taxing unit before the first anniversary of the disaster.
17831783 SECTION 61. Section 41.43(b), Tax Code, is amended to read
17841784 as follows:
17851785 (b) A protest on the ground of unequal appraisal of property
17861786 shall be determined in favor of the protesting party unless the
17871787 appraisal office [district] establishes that[:
17881788 [(1) the appraisal ratio of the property is equal to or
17891789 less than the median level of appraisal of a reasonable and
17901790 representative sample of other properties in the appraisal
17911791 district;
17921792 [(2) the appraisal ratio of the property is equal to or
17931793 less than the median level of appraisal of a sample of properties in
17941794 the appraisal district consisting of a reasonable number of other
17951795 properties similarly situated to, or of the same general kind or
17961796 character as, the property subject to the protest; or
17971797 [(3)] the appraised value of the property is equal to
17981798 or less than the median appraised value of a reasonable number of
17991799 comparable properties appropriately adjusted.
18001800 SECTION 62. Section 41.44(a), Tax Code, is amended to read
18011801 as follows:
18021802 (a) Except as provided by Subsections (b), (c), (c-1), and
18031803 (c-2), to be entitled to a hearing and determination of a protest,
18041804 the property owner initiating the protest must file a written
18051805 notice of the protest with the appraisal review board having
18061806 authority to hear the matter protested:
18071807 (1) not later than May 15 or the 30th day after the
18081808 date that notice to the property owner was delivered to the property
18091809 owner as provided by Section 25.19, whichever is later;
18101810 (2) in the case of a protest of a change in the
18111811 appraisal records ordered as provided by Subchapter A of this
18121812 chapter or by Chapter 25, not later than the 30th day after the date
18131813 notice of the change is delivered to the property owner; or
18141814 (3) in the case of a determination that a change in the
18151815 use of land appraised under Subchapter C, D, E, or H, Chapter 23,
18161816 has occurred, not later than the 30th day after the date the notice
18171817 of the determination is delivered to the property owner[; or
18181818 [(4) in the case of a determination of eligibility for
18191819 a refund under Section 23.1243, not later than the 30th day after
18201820 the date the notice of the determination is delivered to the
18211821 property owner].
18221822 SECTION 63. Section 42.01, Tax Code, is amended to read as
18231823 follows:
18241824 Sec. 42.01. RIGHT OF APPEAL BY PROPERTY OWNER. (a) A
18251825 property owner is entitled to appeal[:
18261826 [(1)] an order of the appraisal review board
18271827 determining:
18281828 (1) [(A)] a protest by the property owner as provided
18291829 by Subchapter C of Chapter 41;
18301830 (2) [(B)] a determination of an appraisal review board
18311831 on a motion filed under Section 25.25; or
18321832 (3) [(C)] a determination of an appraisal review board
18331833 that the property owner has forfeited the right to a final
18341834 determination of a motion filed under Section 25.25 or of a protest
18351835 under Section 41.411 for failing to comply with the prepayment
18361836 requirements of Section 25.26 or 41.4115, as applicable[; or
18371837 [(D) a determination of an appraisal review board
18381838 of eligibility for a refund requested under Section 23.1243; or
18391839 [(2) an order of the comptroller issued as provided by
18401840 Subchapter B, Chapter 24, apportioning among the counties the
18411841 appraised value of railroad rolling stock owned by the property
18421842 owner].
18431843 (b) A property owner who establishes that the owner did not
18441844 forfeit the right to a final determination of a motion or of a
18451845 protest in an appeal under Subsection (a)(3) [(a)(1)(C)] is
18461846 entitled to a final determination of the court, as applicable:
18471847 (1) of the motion filed under Section 25.25; or
18481848 (2) of the protest under Section 41.411 of the failure
18491849 of the chief appraiser or appraisal review board to provide or
18501850 deliver a notice to which the property owner is entitled, and, if
18511851 failure to provide or deliver the notice is established, of a
18521852 protest made by the property owner on any other grounds of protest
18531853 authorized by this title relating to the property to which the
18541854 notice applies.
18551855 SECTION 64. Section 42.21(b), Tax Code, is amended to read
18561856 as follows:
18571857 (b) A petition for review brought under Section 42.02 must
18581858 be brought against the owner of the property involved in the appeal.
18591859 A petition for review brought under Section 42.031 must be brought
18601860 against the appraisal office [district] and against the owner of
18611861 the property involved in the appeal. [A petition for review brought
18621862 under Section 42.01(a)(2) or 42.03 must be brought against the
18631863 comptroller.] Any other petition for review under this chapter
18641864 must be brought against the appraisal office [district]. A
18651865 petition for review may not be brought against the appraisal review
18661866 board. An appraisal office [district] may hire an attorney that
18671867 represents the office [district] to represent the appraisal review
18681868 board established for the office [district] to file an answer and
18691869 obtain a dismissal of a suit filed against the appraisal review
18701870 board in violation of this subsection.
18711871 SECTION 65. Section 42.22, Tax Code, as amended by Chapters
18721872 667 (S.B. 548) and 1033 (H.B. 301), Acts of the 73rd Legislature,
18731873 Regular Session, 1993, is reenacted and amended to read as follows:
18741874 Sec. 42.22. VENUE. (a) Except as provided by Subsection
18751875 [Subsections] (b) of this section [and (c),] and by Section 42.221,
18761876 venue is in the county in which the appraisal review board that
18771877 issued the order appealed is located.
18781878 (b) Venue of an action brought under Section 42.01(a)
18791879 [42.01(1)] is in the county in which the property is located or in
18801880 the county in which the appraisal review board that issued the order
18811881 is located.
18821882 [(c) Venue is in Travis County if the order appealed was
18831883 issued by the comptroller.]
18841884 SECTION 66. Sections 42.23(f) and (i), Tax Code, are
18851885 amended to read as follows:
18861886 (f) For purposes of a no-evidence motion for summary
18871887 judgment filed by a party to an appeal under this chapter, the offer
18881888 of evidence, including an affidavit or testimony, by any person,
18891889 including the appraisal office [district], the property owner, or
18901890 the owner's agent, that was presented at the hearing on the protest
18911891 before the appraisal review board constitutes sufficient evidence
18921892 to deny the motion.
18931893 (i) If an appraisal office [district] employee testifies as
18941894 to the value of real property in an appeal under Section 42.25 or
18951895 42.26, the court may give preference to an employee who is a person
18961896 authorized to perform an appraisal of real estate under Section
18971897 1103.201, Occupations Code.
18981898 SECTION 67. Sections 42.26(a), (b), and (d), Tax Code, are
18991899 amended to read as follows:
19001900 (a) The district court shall grant relief on the ground that
19011901 a property is appraised unequally if[:
19021902 [(1) the appraisal ratio of the property exceeds by at
19031903 least 10 percent the median level of appraisal of a reasonable and
19041904 representative sample of other properties in the appraisal
19051905 district;
19061906 [(2) the appraisal ratio of the property exceeds by at
19071907 least 10 percent the median level of appraisal of a sample of
19081908 properties in the appraisal district consisting of a reasonable
19091909 number of other properties similarly situated to, or of the same
19101910 general kind or character as, the property subject to the appeal; or
19111911 [(3)] the appraised value of the property exceeds the
19121912 median appraised value of a reasonable number of comparable
19131913 properties appropriately adjusted.
19141914 (b) [If a property owner is entitled to relief under
19151915 Subsection (a)(1), the court shall order the property's appraised
19161916 value changed to the value as calculated on the basis of the median
19171917 level of appraisal according to Subsection (a)(1). If a property
19181918 owner is entitled to relief under Subsection (a)(2), the court
19191919 shall order the property's appraised value changed to the value
19201920 calculated on the basis of the median level of appraisal according
19211921 to Subsection (a)(2).] If a property owner is entitled to relief
19221922 under Subsection (a) [Subsection (a)(3)], the court shall order the
19231923 property's appraised value changed to the value calculated on the
19241924 basis of the median appraised value according to that subsection
19251925 [Subsection (a)(3). If a property owner is entitled to relief under
19261926 more than one subdivision of Subsection (a), the court shall order
19271927 the property's appraised value changed to the value that results in
19281928 the lowest appraised value]. The court shall determine the [each
19291929 applicable median level of appraisal or] median appraised value
19301930 according to law[,] and is not required to adopt the [median level
19311931 of appraisal or] median appraised value proposed by a party to the
19321932 appeal. [The court may not limit or deny relief to the property
19331933 owner entitled to relief under a subdivision of Subsection (a)
19341934 because the appraised value determined according to another
19351935 subdivision of Subsection (a) results in a higher appraised value.]
19361936 (d) For purposes of this section, the value of the property
19371937 subject to the suit and the value of a comparable property [or
19381938 sample property] that is used for comparison must be the market
19391939 value determined by the appraisal office [district] when the
19401940 property is [a residence homestead] subject to the limitation on
19411941 appraised value imposed by Section 23.23 or 23.231.
19421942 SECTION 68. Sections 151.356(a) and (c), Tax Code, are
19431943 amended to read as follows:
19441944 (a) In this section:
19451945 (1) "Environmental protection agency of the United
19461946 States" includes:
19471947 (A) the United States Department of the Interior
19481948 and any agency, bureau, or other entity established in that
19491949 department, including the Bureau of Safety and Environmental
19501950 Enforcement and the Bureau of Ocean Energy Management; and
19511951 (B) any other department, agency, bureau, or
19521952 entity of the United States that prescribes rules or regulations
19531953 described by Subdivision (3)(A).
19541954 (2) "Offshore[, "offshore] spill response containment
19551955 property" means tangible personal property:
19561956 (A) used, constructed, acquired, stored, or
19571957 installed solely as part of, or used solely for the development,
19581958 improvement, storage, deployment, repair, maintenance, or testing
19591959 of, an offshore spill response containment system that is stored
19601960 while not in use in a county bordering on the Gulf of Mexico or on a
19611961 bay or other body of water immediately adjacent to the Gulf of
19621962 Mexico [(1) described by Section 11.271(c)];
19631963 (B) [(2)] owned or leased by an entity formed
19641964 primarily for the purpose of designing, developing, modifying,
19651965 enhancing, assembling, operating, deploying, and maintaining an
19661966 offshore spill response containment system [described by Section
19671967 11.271(f)]; and
19681968 (C) [(3)] used or intended to be used solely in
19691969 an offshore spill response containment system [as defined by
19701970 Section 11.271(a)].
19711971 (3) "Offshore spill response containment system"
19721972 means a marine or mobile containment system that:
19731973 (A) is designed and used or intended to be used
19741974 solely to implement a response plan that meets or exceeds rules or
19751975 regulations adopted by any environmental protection agency of the
19761976 United States, this state, or a political subdivision of this state
19771977 for the control, reduction, or monitoring of air, water, or land
19781978 pollution in the event of a blowout or loss of control of an
19791979 offshore well drilled or used for the exploration for or production
19801980 of oil or gas;
19811981 (B) has a design capability to respond to a
19821982 blowout or loss of control of an offshore well drilled or used for
19831983 the exploration for or production of oil or gas that is drilled in
19841984 more than 5,000 feet of water;
19851985 (C) is used or intended to be used solely to
19861986 respond to a blowout or loss of control of an offshore well drilled
19871987 or used for the exploration for or production of oil or gas without
19881988 regard to the depth of the water in which the well is drilled; and
19891989 (D) except for any monitoring function for which
19901990 the system may be used, is used or intended to be used as a temporary
19911991 measure to address fugitive oil, gas, sulfur, or other minerals
19921992 after a leak has occurred and is not used or intended to be used
19931993 after the leak has been contained as a continuing means of producing
19941994 oil, gas, sulfur, or other minerals.
19951995 (4) "Rules or regulations adopted by any environmental
19961996 protection agency of the United States" includes 30 C.F.R. Part 254
19971997 and any corresponding provision or provisions of succeeding,
19981998 similar, substitute, proposed, or final federal regulations.
19991999 (c) The sale, lease, rental, storage, use, or other
20002000 consumption by an entity described by Subsection (a)(2)(B) [Section
20012001 11.271(f)] of offshore spill response containment property used
20022002 solely for the purposes described by [Section 11.271(c) and] this
20032003 section is exempted from the taxes imposed by this chapter.
20042004 SECTION 69. Section 312.007(a), Tax Code, is amended to
20052005 read as follows:
20062006 (a) In this section, "abatement period" means the period
20072007 during which all or a portion of the value of real property [or
20082008 tangible personal property] that is the subject of a tax abatement
20092009 agreement is exempt from taxation.
20102010 SECTION 70. Sections 312.204(a), (e), and (g), Tax Code,
20112011 are amended to read as follows:
20122012 (a) The governing body of a municipality eligible to enter
20132013 into tax abatement agreements under Section 312.002 may agree in
20142014 writing with the owner of taxable real property that is located in a
20152015 reinvestment zone, but that is not in an improvement project
20162016 financed by tax increment bonds, to exempt from taxation a portion
20172017 of the value of the real property [or of tangible personal property
20182018 located on the real property, or both,] for a period not to exceed
20192019 10 years, on the condition that the owner of the property make
20202020 specific improvements or repairs to the property. The governing
20212021 body of an eligible municipality may agree in writing with the owner
20222022 of a leasehold interest in tax-exempt real property that is located
20232023 in a reinvestment zone, but that is not in an improvement project
20242024 financed by tax increment bonds, to exempt a portion of the value of
20252025 property subject to ad valorem taxation, including the leasehold
20262026 interest or [,] improvements [, or tangible personal property]
20272027 located on the real property, for a period not to exceed 10 years,
20282028 on the condition that the owner of the leasehold interest make
20292029 specific improvements or repairs to the real property. A tax
20302030 abatement agreement under this section is subject to the rights of
20312031 holders of outstanding bonds of the municipality. An agreement
20322032 exempting taxable real property or leasehold interests or
20332033 improvements on tax-exempt real property may provide for the
20342034 exemption of such taxable interests in each year covered by the
20352035 agreement only to the extent its value for that year exceeds its
20362036 value for the year in which the agreement is executed. [An
20372037 agreement exempting tangible personal property located on taxable
20382038 or tax-exempt real property may provide for the exemption of
20392039 tangible personal property located on the real property in each
20402040 year covered by the agreement other than tangible personal property
20412041 that was located on the real property at any time before the period
20422042 covered by the agreement with the municipality, including inventory
20432043 and supplies.] In a municipality that has a comprehensive zoning
20442044 ordinance, an improvement, repair, development, or redevelopment
20452045 taking place under an agreement under this section must conform to
20462046 the comprehensive zoning ordinance.
20472047 (e) The governing body of a municipality eligible to enter
20482048 into tax abatement agreements under Section 312.002 may agree in
20492049 writing with the owner or lessee of real property that is located in
20502050 a reinvestment zone to exempt from taxation for a period not to
20512051 exceed 10 years a portion of the value of the real property [or of
20522052 personal property, or both,] located within the zone and owned or
20532053 leased by a certificated air carrier, on the condition that the
20542054 certificated air carrier make specific real property improvements
20552055 or lease for a term of 10 years or more real property improvements
20562056 located within the reinvestment zone. An agreement may provide for
20572057 the exemption of the real property in each year covered by the
20582058 agreement to the extent its value for that year exceeds its value
20592059 for the year in which the agreement is executed. [An agreement may
20602060 provide for the exemption of the personal property owned or leased
20612061 by a certificated air carrier located within the reinvestment zone
20622062 in each year covered by the agreement other than specific personal
20632063 property that was located within the reinvestment zone at any time
20642064 before the period covered by the agreement with the municipality.]
20652065 (g) Notwithstanding the other provisions of this chapter,
20662066 the governing body of a municipality eligible to enter into tax
20672067 abatement agreements under Section 312.002 may agree in writing
20682068 with the owner of real property that is located in a reinvestment
20692069 zone to exempt from taxation for a period not to exceed five years a
20702070 portion of the value of the real property [or of tangible personal
20712071 property located on the real property, or both,] that is used to
20722072 provide housing for military personnel employed at a military
20732073 facility located in or near the municipality. An agreement may
20742074 provide for the exemption of the real property in each year covered
20752075 by the agreement only to the extent its value for that year exceeds
20762076 its value for the year in which the agreement is executed. [An
20772077 agreement may provide for the exemption of tangible personal
20782078 property located on the real property in each year covered by the
20792079 agreement other than tangible personal property that was located on
20802080 the real property at any time before the period covered by the
20812081 agreement with the municipality and other than inventory or
20822082 supplies.] The governing body of the municipality may adopt
20832083 guidelines and criteria for tax abatement agreements entered into
20842084 under this subsection that are different from the guidelines and
20852085 criteria that apply to tax abatement agreements entered into under
20862086 another provision of this section. Tax abatement agreements
20872087 entered into under this subsection are not required to contain
20882088 identical terms for the portion of the value of the property that is
20892089 to be exempt or for the duration of the exemption as tax abatement
20902090 agreements entered into with the owners of property in the
20912091 reinvestment zone under another provision of this section.
20922092 SECTION 71. Section 312.210(b), Tax Code, is amended to
20932093 read as follows:
20942094 (b) A tax abatement agreement with the owner of real
20952095 property [or tangible personal property] that is located in the
20962096 reinvestment zone described by Subsection (a) and in a school
20972097 district that has a wealth per student that does not exceed the
20982098 equalized wealth level must exempt from taxation:
20992099 (1) the portion of the value of the property in the
21002100 amount specified in the joint agreement among the municipality,
21012101 county, and junior college district; and
21022102 (2) an amount equal to 10 percent of the maximum
21032103 portion of the value of the property that may under Section
21042104 312.204(a) be otherwise exempted from taxation.
21052105 SECTION 72. Section 312.211(a), Tax Code, is amended to
21062106 read as follows:
21072107 (a) This section applies only to [:
21082108 [(1)] real property:
21092109 (1) [(A)] that is located in a reinvestment zone;
21102110 (2) [(B)] that is not in an improvement project
21112111 financed by tax increment bonds; and
21122112 (3) [(C)] that is the subject of a voluntary cleanup
21132113 agreement under Section 361.606, Health and Safety Code [; and
21142114 [(2) tangible personal property located on the real
21152115 property].
21162116 SECTION 73. Sections 312.402(a), (a-1), and (a-3), Tax
21172117 Code, are amended to read as follows:
21182118 (a) The commissioners court may execute a tax abatement
21192119 agreement with the owner of taxable real property located in a
21202120 reinvestment zone designated under this subchapter [or with the
21212121 owner of tangible personal property located on real property in a
21222122 reinvestment zone] to exempt from taxation all or a portion of the
21232123 value of the real property [, all or a portion of the value of the
21242124 tangible personal property located on the real property, or all or a
21252125 portion of the value of both].
21262126 (a-1) The commissioners court may execute a tax abatement
21272127 agreement with the owner of a leasehold interest in tax-exempt real
21282128 property located in a reinvestment zone designated under this
21292129 subchapter to exempt all or a portion of the value of the leasehold
21302130 interest in the real property. The court may execute a tax
21312131 abatement agreement with the owner of [tangible personal property
21322132 or] an improvement located on tax-exempt real property that is
21332133 located in a designated reinvestment zone to exempt all or a portion
21342134 of the value of the [tangible personal property or] improvement
21352135 located on the real property.
21362136 (a-3) The commissioners court may execute a tax abatement
21372137 agreement with a lessee of taxable real property located in a
21382138 reinvestment zone designated under this subchapter to exempt from
21392139 taxation all or a portion of the value of the fixtures,
21402140 improvements, or other real property owned by the lessee and
21412141 located on the property that is subject to the lease [, all or a
21422142 portion of the value of tangible personal property owned by the
21432143 lessee and located on the real property that is the subject of the
21442144 lease, or all or a portion of the value of both the fixtures,
21452145 improvements, or other real property and the tangible personal
21462146 property described by this subsection].
21472147 SECTION 74. Section 313.021(2), Tax Code, is amended to
21482148 read as follows:
21492149 (2) "Qualified property" means:
21502150 (A) land:
21512151 (i) that is located in an area designated as
21522152 a reinvestment zone under Chapter 311 or 312 or as an enterprise
21532153 zone under Chapter 2303, Government Code;
21542154 (ii) on which a person proposes to
21552155 construct a new building or erect or affix a new improvement that
21562156 does not exist before the date the person submits a complete
21572157 application for a limitation on appraised value under this
21582158 subchapter;
21592159 (iii) that is not subject to a tax abatement
21602160 agreement entered into by a school district under Chapter 312; and
21612161 (iv) on which, in connection with the new
21622162 building or new improvement described by Subparagraph (ii), the
21632163 owner or lessee of, or the holder of another possessory interest in,
21642164 the land proposes to:
21652165 (a) make a qualified investment in an
21662166 amount equal to at least the minimum amount required by Section
21672167 313.023; and
21682168 (b) create at least 25 new qualifying
21692169 jobs; and
21702170 (B) the new building or other new improvement
21712171 described by Paragraph (A)(ii)[; and
21722172 [(C) tangible personal property:
21732173 [(i) that is not subject to a tax abatement
21742174 agreement entered into by a school district under Chapter 312;
21752175 [(ii) for which a sales and use tax refund
21762176 is not claimed under Section 151.3186; and
21772177 [(iii) except for new equipment described
21782178 in Section 151.318(q) or (q-1), that is first placed in service in
21792179 the new building, in the newly expanded building, or in or on the
21802180 new improvement described by Paragraph (A)(ii), or on the land on
21812181 which that new building or new improvement is located, if the
21822182 personal property is ancillary and necessary to the business
21832183 conducted in that new building or in or on that new improvement].
21842184 SECTION 75. Section 313.025(a), Tax Code, is amended to
21852185 read as follows:
21862186 (a) The owner or lessee of, or the holder of another
21872187 possessory interest in, any qualified property described by Section
21882188 313.021(2)(A) or[,] (B)[, or (C)] may apply to the governing body of
21892189 the school district in which the property is located for a
21902190 limitation on the appraised value for school district maintenance
21912191 and operations ad valorem tax purposes of the person's qualified
21922192 property. An application must be made on the form prescribed by
21932193 the comptroller and include the information required by the
21942194 comptroller, and it must be accompanied by:
21952195 (1) the application fee established by the governing
21962196 body of the school district;
21972197 (2) information sufficient to show that the real [and
21982198 personal] property identified in the application as qualified
21992199 property meets the applicable criteria established by Section
22002200 313.021(2); and
22012201 (3) any information required by the comptroller for
22022202 the purposes of Section 313.026.
22032203 SECTION 76. Section 71.041(5), Agriculture Code, is amended
22042204 to read as follows:
22052205 (5) "Nursery stock weather protection unit" means a
22062206 plant cover consisting of a series of removable, portable metal
22072207 hoops, covered by nonreusable plastic sheeting, shade cloth, or
22082208 other similar removable material, used exclusively for protecting
22092209 nursery products from weather elements. A nursery stock weather
22102210 protection unit is an implement of husbandry for all purposes[,
22112211 including Article VIII, Section 19a, of the Texas Constitution].
22122212 SECTION 77. Section 93.001(2), Business & Commerce Code, is
22132213 amended to read as follows:
22142214 (2) "Heavy equipment" means self-propelled,
22152215 self-powered, or pull-type equipment, including farm equipment or a
22162216 diesel engine, that weighs at least 1,500 pounds and is intended to
22172217 be used for agricultural, construction, industrial, maritime,
22182218 mining, or forestry uses. The term does not include a motor
22192219 vehicle that is required by:
22202220 (A) Chapter 501, Transportation Code, to be
22212221 titled; or
22222222 (B) Chapter 502, Transportation Code, to be
22232223 registered [has the meaning assigned by Section 23.1241, Tax Code].
22242224 SECTION 78. Sections 89.003(a) and (b), Finance Code, are
22252225 amended to read as follows:
22262226 (a) Each association and each federal association shall
22272227 render for ad valorem taxation all of its personal property, other
22282228 than tangible personal property [furniture, fixtures, equipment,
22292229 and automobiles], as a whole at the value remaining after deducting
22302230 the following from the total value of its entire assets:
22312231 (1) all debts that it owes;
22322232 (2) all tax-free securities that it owns;
22332233 (3) its loss reserves and surplus;
22342234 (4) its savings liability; [and]
22352235 (5) the appraised value of its [furniture, fixtures,
22362236 and] real property; and
22372237 (6) the value of its tangible personal property.
22382238 (b) The association or federal association shall render the
22392239 personal property, other than tangible personal property
22402240 [furniture, fixtures, equipment, and automobiles], to the chief
22412241 appraiser of the appraisal office [district] in the county in which
22422242 its principal office is located.
22432243 SECTION 79. Subchapter M, Chapter 403, Government Code, is
22442244 amended by adding Section 403.3001 to read as follows:
22452245 Sec. 403.3001. DETERMINATION OF SCHOOL DISTRICT PROPERTY
22462246 VALUES. A reference in law to the taxable value or total taxable
22472247 value of property in a school district as determined under this
22482248 subchapter means the total taxable value of that property as
22492249 determined by the assessor for the district under Section 26.04,
22502250 Tax Code.
22512251 SECTION 80. Chapter 245, Local Government Code, is amended
22522252 by adding Section 245.008 to read as follows:
22532253 Sec. 245.008. NOTIFICATION OF APPRAISAL OFFICE OF ISSUANCE
22542254 OF CERTAIN PERMITS. A political subdivision that issues a
22552255 real-property-related permit shall notify the appraisal office
22562256 established for the county in which the property is located of the
22572257 issuance of the permit.
22582258 SECTION 81. Section 1151.1015, Occupations Code, is amended
22592259 to read as follows:
22602260 Sec. 1151.1015. ASSISTANCE FROM COMPTROLLER. The
22612261 comptroller shall enter into a memorandum of understanding with the
22622262 department under which the comptroller shall provide:
22632263 (1) information on the educational needs of and
22642264 opportunities for tax professionals;
22652265 (2) review and approval of all required educational
22662266 courses, examinations, and continuing education programs for
22672267 registrants; and
22682268 (3) [a copy of any report issued by the comptroller
22692269 under Section 5.102, Tax Code, and if requested by the department a
22702270 copy of any work papers or other documents collected or created in
22712271 connection with a report issued under that section; and
22722272 [(4)] information and assistance regarding
22732273 administrative proceedings conducted under the commission's rules
22742274 or this chapter.
22752275 SECTION 82. Section 1151.204(c), Occupations Code, is
22762276 amended to read as follows:
22772277 (c) This section does not apply to:
22782278 (1) [a matter referred to the department by the
22792279 comptroller under Section 5.102, Tax Code, or a successor statute;
22802280 [(2)] a complaint concerning a registrant's failure to
22812281 comply with the registration and certification requirements of this
22822282 chapter; or
22832283 (2) [(3)] a complaint concerning a newly appointed
22842284 chief appraiser's failure to complete the training program
22852285 described by Section 1151.164.
22862286 SECTION 83. Section 503.038(a), Transportation Code, is
22872287 amended to read as follows:
22882288 (a) The department may cancel a dealer's general
22892289 distinguishing number if the dealer:
22902290 (1) falsifies or forges a title document, including an
22912291 affidavit making application for a certified copy of a title;
22922292 (2) files a false or forged tax document, including a
22932293 sales tax affidavit;
22942294 (3) fails to take assignment of any basic evidence of
22952295 ownership, including a certificate of title or manufacturer's
22962296 certificate, for a vehicle the dealer acquires;
22972297 (4) fails to assign any basic evidence of ownership,
22982298 including a certificate of title or manufacturer's certificate, for
22992299 a vehicle the dealer sells;
23002300 (5) uses or permits the use of a metal dealer's license
23012301 plate or a dealer's temporary tag on a vehicle that the dealer does
23022302 not own or control or that is not in stock and offered for sale;
23032303 (6) makes a material misrepresentation in an
23042304 application or other information filed with the department;
23052305 (7) fails to maintain the qualifications for a general
23062306 distinguishing number;
23072307 (8) fails to provide to the department within 30 days
23082308 after the date of demand by the department satisfactory and
23092309 reasonable evidence that the person is regularly and actively
23102310 engaged in business as a wholesale or retail dealer;
23112311 (9) has been licensed for at least 12 months and has
23122312 not assigned at least five vehicles during the previous 12-month
23132313 period;
23142314 (10) [has failed to demonstrate compliance with
23152315 Sections 23.12, 23.121, and 23.122, Tax Code;
23162316 [(11)] uses or allows the use of the dealer's general
23172317 distinguishing number or the location for which the general
23182318 distinguishing number is issued to avoid the requirements of this
23192319 chapter;
23202320 (11) [(12)] misuses or allows the misuse of a
23212321 temporary tag authorized under this chapter;
23222322 (12) [(13)] refuses to show on a buyer's temporary tag
23232323 the date of sale or other reasonable information required by the
23242324 department; or
23252325 (13) [(14)] otherwise violates this chapter or a rule
23262326 adopted under this chapter.
23272327 SECTION 84. (a) The following provisions of the Tax Code
23282328 are repealed:
23292329 (1) Section 1.12;
23302330 (2) Section 5.07(c);
23312331 (3) Section 5.10;
23322332 (4) Section 5.102;
23332333 (5) Section 5.12;
23342334 (6) Section 5.13;
23352335 (7) Section 5.16;
23362336 (8) Section 6.03;
23372337 (9) Section 6.031;
23382338 (10) Section 6.033;
23392339 (11) Section 6.034;
23402340 (12) Section 6.035(a-1);
23412341 (13) Section 6.036(a);
23422342 (14) Section 6.037;
23432343 (15) Section 6.04;
23442344 (16) Section 6.0501;
23452345 (17) Section 6.051;
23462346 (18) Section 6.061;
23472347 (19) Section 6.10;
23482348 (20) Section 6.15;
23492349 (21) Section 6.24(c);
23502350 (22) Section 11.11(h);
23512351 (23) Section 11.14;
23522352 (24) Section 11.145;
23532353 (25) Section 11.15;
23542354 (26) Section 11.16;
23552355 (27) Section 11.161;
23562356 (28) Section 11.23(f);
23572357 (29) Section 11.25;
23582358 (30) Section 11.251;
23592359 (31) Section 11.252;
23602360 (32) Section 11.253;
23612361 (33) Section 11.254;
23622362 (34) Section 11.271;
23632363 (35) Section 11.311;
23642364 (36) Section 11.315;
23652365 (37) Section 11.33;
23662366 (38) Section 11.437;
23672367 (39) Section 11.4391;
23682368 (40) Section 21.02;
23692369 (41) Section 21.021;
23702370 (42) Section 21.03;
23712371 (43) Section 21.031;
23722372 (44) Section 21.04;
23732373 (45) Section 21.05;
23742374 (46) Section 21.055;
23752375 (47) Section 21.07;
23762376 (48) Section 21.09;
23772377 (49) Section 21.10;
23782378 (50) Sections 22.01(e), (i), (j), (k), and (m);
23792379 (51) Sections 22.04(b), (c), and (d);
23802380 (52) Sections 22.07(a) and (b);
23812381 (53) Section 22.23(c);
23822382 (54) Section 23.121;
23832383 (55) Section 23.1211;
23842384 (56) Section 23.122;
23852385 (57) Section 23.123;
23862386 (58) Section 23.124;
23872387 (59) Section 23.1241;
23882388 (60) Section 23.1242;
23892389 (61) Section 23.1243;
23902390 (62) Section 23.125;
23912391 (63) Section 23.126;
23922392 (64) Section 23.127;
23932393 (65) Section 23.128;
23942394 (66) Section 23.129;
23952395 (67) Section 23.24;
23962396 (68) Chapter 24;
23972397 (69) Sections 25.18(b) and (c);
23982398 (70) Section 33.11;
23992399 (71) Subchapter B, Chapter 33;
24002400 (72) Section 41.413(a);
24012401 (73) Section 41.47(c-1);
24022402 (74) Section 42.03;
24032403 (75) Section 42.05; and
24042404 (76) Section 42.26(c).
24052405 (b) Section 25.12(c), Tax Code, as added by Chapter 450
24062406 (H.B. 1831), Acts of the 71st Legislature, Regular Session, 1989,
24072407 is repealed.
24082408 (c) Section 89.003(c), Finance Code, is repealed.
24092409 (d) The following provisions of the Government Code are
24102410 repealed:
24112411 (1) Section 403.301;
24122412 (2) Section 403.3011;
24132413 (3) Section 403.302;
24142414 (4) Section 403.303; and
24152415 (5) Section 403.304.
24162416 (e) Sections 379B.011(c), (d), and (e), Local Government
24172417 Code, are repealed.
24182418 SECTION 85. (a) On the effective date of this Act:
24192419 (1) each appraisal district and appraisal district
24202420 board of directors is abolished;
24212421 (2) an appraisal office is established for each
24222422 county;
24232423 (3) the county assessor-collector of each county
24242424 begins to govern the appraisal office established for that county;
24252425 (4) all personnel, property, records, and funds of an
24262426 appraisal district are transferred to the appraisal office for the
24272427 county for which the appraisal district was established;
24282428 (5) all unpaid debts incurred by an appraisal district
24292429 become debts of the appraisal office for the county for which the
24302430 appraisal district was established;
24312431 (6) the appraisal office for the county for which an
24322432 appraisal district was established is substituted for the appraisal
24332433 district in any pending action, including a protest or challenge
24342434 before an appraisal review board or an appeal or other action in a
24352435 court; and
24362436 (7) the appraisal review board of an appraisal office
24372437 established for a county is substituted for the appraisal review
24382438 board of the appraisal district established for the county in any
24392439 pending action, including a protest or challenge before the
24402440 appraisal review board or an appeal or other action in a court.
24412441 (b) A measure taken or adopted by the board of directors of
24422442 an appraisal district established for a county before the effective
24432443 date of this Act that is in effect on the effective date of this Act
24442444 continues in effect after the effective date of this Act until
24452445 superseded by a measure taken or adopted by the county
24462446 assessor-collector who governs the appraisal office established
24472447 for that county.
24482448 SECTION 86. As soon as practicable on or after January 1,
24492449 2022, the county assessor-collector who governs each appraisal
24502450 office shall dispose of the real property owned by the office. The
24512451 county assessor-collector may use the proceeds to pay the debts of
24522452 the appraisal office or to cover the cost of administration of the
24532453 office.
24542454 SECTION 87. (a) As soon as practicable on or after January
24552455 1, 2022, the state senators and state representatives whose
24562456 districts contain any part of the territory included in the county
24572457 for which an appraisal office is established, in the manner
24582458 provided by Section 6.12, Tax Code, as amended by this Act, shall
24592459 appoint the members of the agricultural advisory board for the
24602460 appraisal office. The county assessor-collector who governs the
24612461 appraisal office by resolution shall provide for staggered terms
24622462 for the members as necessary to comply with Section 6.12(c), Tax
24632463 Code.
24642464 (b) The changes made to Section 6.12, Tax Code, by this Act
24652465 apply only to the appointment of agricultural advisory board
24662466 members to terms beginning on or after January 1, 2022. This Act
24672467 does not affect the term of an agricultural advisory board member
24682468 serving on December 31, 2021, if the member was appointed before
24692469 January 1, 2022, to a term that began before December 31, 2021.
24702470 SECTION 88. (a) As soon as practicable on or after January
24712471 1, 2022, the state senators and state representatives whose
24722472 districts contain any part of the territory included in the county
24732473 for which an appraisal office is established, in the manner
24742474 provided by Section 6.41, Tax Code, as amended by this Act, shall
24752475 appoint the members of the appraisal review board for the appraisal
24762476 office. The county assessor-collector who governs the appraisal
24772477 office by resolution shall provide for staggered terms for the
24782478 members as necessary to comply with Section 6.41(h), Tax Code, as
24792479 amended by this Act.
24802480 (b) The changes made to Section 6.41, Tax Code, by this Act
24812481 apply only to the appointment of appraisal review board members to
24822482 terms beginning on or after January 1, 2022. This Act does not
24832483 affect the term of an appraisal review board member serving on
24842484 December 31, 2021, if the member was appointed before January 1,
24852485 2022, to a term that began before December 31, 2021, and expires
24862486 December 31, 2022.
24872487 SECTION 89. Sections 6.41 and 6.411, Tax Code, as amended by
24882488 this Act, apply only to an offense committed on or after the
24892489 effective date of this Act. An offense committed before the
24902490 effective date of this Act is governed by the law in effect on the
24912491 date the offense was committed, and the former law is continued in
24922492 effect for that purpose. For purposes of this section, an offense
24932493 was committed before the effective date of this Act if any element
24942494 of the offense occurred before that date.
24952495 SECTION 90. The change in law made by this Act to Section
24962496 23.02, Tax Code, applies only to the reappraisal of property
24972497 located in an area that is declared to be a disaster area by the
24982498 governor on or after the effective date of this Act. The
24992499 reappraisal of property located in an area that was declared to be a
25002500 disaster area by the governor before the effective date of this Act
25012501 is governed by the law as it existed immediately before the
25022502 effective date of this Act, and that law is continued in effect for
25032503 that purpose.
25042504 SECTION 91. Section 23.231, Tax Code, as added by this Act,
25052505 applies only to the appraisal of real property for ad valorem tax
25062506 purposes for a tax year that begins on or after the effective date
25072507 of this Act.
25082508 SECTION 92. As soon as practicable after the effective date
25092509 of this Act, the comptroller by rule shall adopt forms and
25102510 procedures necessary for the implementation of Section 23.231, Tax
25112511 Code, as added by this Act.
25122512 SECTION 93. (a) The changes in law made by this Act to
25132513 Subchapter M, Chapter 403, Government Code, apply only to the
25142514 determination of the total taxable value of property in a school
25152515 district for a tax year that begins after December 31, 2021. The
25162516 determination of the total taxable value of property in a school
25172517 district for a tax year that begins before that date is governed by
25182518 Subchapter M, Chapter 403, Government Code, as that subchapter
25192519 existed when the tax year began, and the former law is continued in
25202520 effect for that purpose.
25212521 (b) Notwithstanding the changes in law made by this Act to
25222522 the provisions of the Tax Code, Agriculture Code, Business &
25232523 Commerce Code, Finance Code, and Transportation Code amended by
25242524 this Act and the repeal by this Act of provisions of the Tax Code and
25252525 Finance Code, each of those provisions, as it existed immediately
25262526 before January 1, 2020, is continued in effect for the purpose of
25272527 the levy and collection of an ad valorem tax on tangible personal
25282528 property imposed:
25292529 (1) before January 1, 2020; or
25302530 (2) pursuant to Section 1(l), Article VIII, Texas
25312531 Constitution.
25322532 SECTION 94. (a) If the constitutional amendment proposed
25332533 by the 86th Legislature, Regular Session, 2019, authorizing the
25342534 legislature to provide for the appraisal of certain real property
25352535 for ad valorem tax purposes based on its purchase price, exempting
25362536 all tangible personal property in this state from ad valorem
25372537 taxation, and authorizing the legislature to permit legislators to
25382538 appoint members of the board of equalization for an appraisal
25392539 entity is approved by the voters, the Special Tax Code Board is
25402540 created to recommend amendments to the Tax Code and other law to
25412541 efficiently and effectively implement the amendment.
25422542 (b) The board consists of nine members appointed as follows:
25432543 (1) seven members appointed by the governor;
25442544 (2) one member appointed by the lieutenant governor;
25452545 and
25462546 (3) one member appointed by the speaker of the house of
25472547 representatives.
25482548 (c) The board shall make legislative recommendations on
25492549 amendments to the Tax Code and other law required to implement the
25502550 constitutional amendment and otherwise improve the system for
25512551 appraising property for ad valorem tax purposes, including
25522552 recommendations regarding:
25532553 (1) the abolition of appraisal districts and the
25542554 transfer of their functions to the county assessor-collectors'
25552555 offices;
25562556 (2) the procedure to be used in appraising real
25572557 property for ad valorem tax purposes, including the appraisal of
25582558 such property on the basis of the purchase price of the property;
25592559 (3) the reporting of information regarding sales of
25602560 real property to the appraisal office and the use of that
25612561 information by the appraisal office;
25622562 (4) the notification of an appraisal office by a
25632563 political subdivision regarding real-property-related permits
25642564 issued by the political subdivision; and
25652565 (5) the procedure for appointing appraisal review
25662566 board members.
25672567 (d) Not later than September 1, 2020, the board shall submit
25682568 a report to the governor, lieutenant governor, speaker of the house
25692569 of representatives, comptroller, Legislative Budget Board, and
25702570 legislature regarding the board's recommendations.
25712571 (e) This section expires September 1, 2021.
25722572 SECTION 95. To the extent of any conflict, this Act prevails
25732573 over another Act of the 86th Legislature, Regular Session, 2019,
25742574 relating to nonsubstantive additions to and corrections in enacted
25752575 codes.
25762576 SECTION 96. (a) Except as provided by Subsection (b) of
25772577 this section, this Act takes effect January 1, 2022, but only if the
25782578 constitutional amendment proposed by the 86th Legislature, Regular
25792579 Session, 2019, authorizing the legislature to provide for the
25802580 appraisal of certain real property for ad valorem tax purposes
25812581 based on its purchase price, exempting all tangible personal
25822582 property in this state from ad valorem taxation, and authorizing
25832583 the legislature to permit legislators to appoint members of the
25842584 board of equalization for an appraisal entity is approved by the
25852585 voters. If that amendment is not approved by the voters, this Act
25862586 has no effect.
25872587 (b) Subject to Subsection (a) of this section, the section
25882588 of this Act creating the Special Tax Code Board takes effect January
25892589 1, 2020.