1 | 1 | | 86R14931 SMH-D |
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2 | 2 | | By: Toth H.B. No. 3098 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to ad valorem taxation. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. The heading to Subchapter A, Chapter 6, Tax Code, |
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10 | 10 | | is amended to read as follows: |
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11 | 11 | | SUBCHAPTER A. APPRAISAL OFFICES [DISTRICTS] |
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12 | 12 | | SECTION 2. Section 6.01, Tax Code, is amended to read as |
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13 | 13 | | follows: |
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14 | 14 | | Sec. 6.01. APPRAISAL OFFICES [DISTRICTS] ESTABLISHED. (a) |
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15 | 15 | | An appraisal office [district] is established in each county. |
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16 | 16 | | (b) The office [district] is responsible for appraising |
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17 | 17 | | property in the county for which the office is established |
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18 | 18 | | [district] for ad valorem tax purposes of each taxing unit that |
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19 | 19 | | imposes ad valorem taxes on property in the county [district]. |
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20 | 20 | | (c) An appraisal office [district] is governed by the |
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21 | 21 | | assessor-collector of the county for which the office is |
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22 | 22 | | established and is an administrative office of the county |
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23 | 23 | | assessor-collector [a political subdivision of the state]. |
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24 | 24 | | (d) For purposes of this title, each taxing unit with |
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25 | 25 | | territory in the county is considered to participate in the |
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26 | 26 | | appraisal office established for the county. |
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27 | 27 | | (e) A reference in this title or other law to: |
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28 | 28 | | (1) an appraisal district means an appraisal office; |
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29 | 29 | | (2) the territory of an appraisal district means the |
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30 | 30 | | county for which an appraisal office is established; and |
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31 | 31 | | (3) the board of directors of an appraisal district |
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32 | 32 | | means the assessor-collector of the county for which an appraisal |
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33 | 33 | | office is established. |
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34 | 34 | | SECTION 3. Section 6.02, Tax Code, is amended to read as |
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35 | 35 | | follows: |
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36 | 36 | | Sec. 6.02. APPRAISAL OFFICE AUTHORITY WITHIN COUNTY |
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37 | 37 | | [DISTRICT BOUNDARIES]. (a) An [The] appraisal office has |
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38 | 38 | | authority under this title in the territory included within |
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39 | 39 | | [district's boundaries are the same as] the county's boundaries. |
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40 | 40 | | (b) This section does not preclude the county |
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41 | 41 | | assessor-collectors who govern [board of directors of] two or more |
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42 | 42 | | adjoining appraisal offices [districts] from providing for the |
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43 | 43 | | operation of a consolidated appraisal office [district] by |
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44 | 44 | | interlocal contract. |
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45 | 45 | | SECTION 4. The heading to Section 6.035, Tax Code, is |
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46 | 46 | | amended to read as follows: |
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47 | 47 | | Sec. 6.035. RESTRICTIONS ON ELIGIBILITY AND CONDUCT OF |
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48 | 48 | | COUNTY ASSESSOR-COLLECTORS [BOARD MEMBERS] AND CHIEF APPRAISERS |
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49 | 49 | | AND THEIR RELATIVES. |
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50 | 50 | | SECTION 5. Sections 6.035(a), (b), and (d), Tax Code, are |
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51 | 51 | | amended to read as follows: |
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52 | 52 | | (a) An individual is [ineligible to serve on an appraisal |
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53 | 53 | | district board of directors and is] disqualified from employment as |
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54 | 54 | | chief appraiser if the individual: |
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55 | 55 | | (1) is related within the second degree by |
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56 | 56 | | consanguinity or affinity, as determined under Chapter 573, |
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57 | 57 | | Government Code, to an individual who is engaged in the business of |
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58 | 58 | | appraising property for compensation for use in proceedings under |
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59 | 59 | | this title or of representing property owners for compensation in |
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60 | 60 | | proceedings under this title in the appraisal office [district]; or |
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61 | 61 | | (2) owns property on which delinquent taxes have been |
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62 | 62 | | owed to a taxing unit for more than 60 days after the date the |
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63 | 63 | | individual knew or should have known of the delinquency unless: |
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64 | 64 | | (A) the delinquent taxes and any penalties and |
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65 | 65 | | interest are being paid under an installment payment agreement |
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66 | 66 | | under Section 33.02; or |
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67 | 67 | | (B) a suit to collect the delinquent taxes is |
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68 | 68 | | deferred or abated under Section 33.06 or 33.065. |
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69 | 69 | | (b) A [member of an appraisal district board of directors or |
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70 | 70 | | a] chief appraiser commits an offense if the [board member |
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71 | 71 | | continues to hold office or the] chief appraiser remains employed |
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72 | 72 | | knowing that an individual related within the second degree by |
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73 | 73 | | consanguinity or affinity, as determined under Chapter 573, |
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74 | 74 | | Government Code, to the [board member or] chief appraiser is |
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75 | 75 | | engaged in the business of appraising property for compensation for |
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76 | 76 | | use in proceedings under this title or of representing property |
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77 | 77 | | owners for compensation in proceedings under this title in the |
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78 | 78 | | appraisal office [district] in which the [member serves or the] |
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79 | 79 | | chief appraiser is employed. An offense under this subsection is a |
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80 | 80 | | Class B misdemeanor. |
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81 | 81 | | (d) An appraisal performed by a chief appraiser in a private |
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82 | 82 | | capacity or by an individual related within the second degree by |
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83 | 83 | | consanguinity or affinity, as determined under Chapter 573, |
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84 | 84 | | Government Code, to the chief appraiser may not be used as evidence |
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85 | 85 | | in a protest or challenge under Chapter 41 or an appeal under |
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86 | 86 | | Chapter 42 concerning property that is taxable in the county for |
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87 | 87 | | which the appraisal office that employs [district in which] the |
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88 | 88 | | chief appraiser is established [employed]. |
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89 | 89 | | SECTION 6. Sections 6.036(b), (c), and (f), Tax Code, are |
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90 | 90 | | amended to read as follows: |
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91 | 91 | | (b) An appraisal office [district] may not enter into a |
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92 | 92 | | contract with the county assessor-collector who governs [a member |
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93 | 93 | | of the board of directors of] the appraisal office [district] or |
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94 | 94 | | with a business entity in which the county assessor-collector [a |
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95 | 95 | | member of the board] has a substantial interest. |
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96 | 96 | | (c) A taxing unit may not enter into a contract relating to |
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97 | 97 | | the performance of an activity governed by this title with a |
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98 | 98 | | business entity in which the county assessor-collector who governs |
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99 | 99 | | [a member of the board of directors of] an appraisal office |
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100 | 100 | | [district] in which the taxing unit participates [or with a |
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101 | 101 | | business entity in which a member of the board] has a substantial |
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102 | 102 | | interest. |
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103 | 103 | | (f) This section does not limit the application of any other |
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104 | 104 | | law, including the common law relating to conflicts of interest, to |
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105 | 105 | | a county assessor-collector [an appraisal district director]. |
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106 | 106 | | SECTION 7. Section 6.05, Tax Code, is amended to read as |
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107 | 107 | | follows: |
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108 | 108 | | Sec. 6.05. APPRAISAL OFFICE; CHIEF APPRAISER AND OTHER |
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109 | 109 | | EMPLOYEES. (a) Except as authorized by Subsection (b) [of this |
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110 | 110 | | section], each county assessor-collector [appraisal district] |
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111 | 111 | | shall establish an appraisal office. The appraisal office must be |
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112 | 112 | | located in the county for which the office [district] is |
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113 | 113 | | established. An appraisal office [district] may establish branch |
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114 | 114 | | appraisal offices outside the county for which the office |
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115 | 115 | | [district] is established. |
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116 | 116 | | (b) The county assessor-collector who governs [board of |
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117 | 117 | | directors of] an appraisal office [district] may contract with an |
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118 | 118 | | appraisal office in another county [district or with a taxing unit |
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119 | 119 | | in the district] to perform the duties of the appraisal office for |
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120 | 120 | | the county [district]. |
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121 | 121 | | (c) The county assessor-collector may serve as the chief |
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122 | 122 | | appraiser for the appraisal office or may appoint another person to |
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123 | 123 | | serve as the chief appraiser. |
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124 | 124 | | (d) A county assessor-collector who appoints another person |
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125 | 125 | | to serve as the chief appraiser shall notify the comptroller and |
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126 | 126 | | each taxing unit that participates in the appraisal office of that |
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127 | 127 | | appointment. |
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128 | 128 | | (e) An appointed [The] chief appraiser [is the chief |
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129 | 129 | | administrator of the appraisal office. Except as provided by |
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130 | 130 | | Section 6.0501, the chief appraiser is appointed by and] serves at |
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131 | 131 | | the pleasure of the county assessor-collector and acts on behalf of |
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132 | 132 | | the county assessor-collector on all matters delegated to the |
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133 | 133 | | appointed chief appraiser by the county assessor-collector |
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134 | 134 | | [appraisal district board of directors. If a taxing unit performs |
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135 | 135 | | the duties of the appraisal office pursuant to a contract, the |
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136 | 136 | | assessor for the unit is the chief appraiser]. To be eligible to be |
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137 | 137 | | appointed [or serve] as a chief appraiser or to serve as an |
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138 | 138 | | appointed chief appraiser, a person must be certified as a |
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139 | 139 | | registered professional appraiser under Section 1151.160, |
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140 | 140 | | Occupations Code, possess an MAI professional designation from the |
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141 | 141 | | Appraisal Institute, or possess an Assessment Administration |
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142 | 142 | | Specialist (AAS), Certified Assessment Evaluator (CAE), or |
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143 | 143 | | Residential Evaluation Specialist (RES) professional designation |
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144 | 144 | | from the International Association of Assessing Officers. A person |
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145 | 145 | | who is eligible to be appointed [or serve] as a chief appraiser or |
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146 | 146 | | to serve as an appointed chief appraiser by having a professional |
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147 | 147 | | designation described by this subsection must become certified as a |
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148 | 148 | | registered professional appraiser under Section 1151.160, |
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149 | 149 | | Occupations Code, not later than the fifth anniversary of the date |
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150 | 150 | | the person is appointed or begins to serve as chief appraiser. A |
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151 | 151 | | chief appraiser who is not eligible to be appointed or serve as |
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152 | 152 | | chief appraiser may not perform an action authorized or required by |
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153 | 153 | | law to be performed by a chief appraiser, including the |
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154 | 154 | | preparation, certification, or submission of any part of the |
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155 | 155 | | appraisal roll. Not later than January 1 of each year, a county |
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156 | 156 | | assessor-collector who has appointed another person to serve as the |
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157 | 157 | | chief appraiser shall notify the comptroller in writing that the |
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158 | 158 | | chief appraiser is either eligible to be appointed or serve as the |
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159 | 159 | | chief appraiser or not eligible to be appointed or serve as the |
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160 | 160 | | chief appraiser. |
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161 | 161 | | (f) An appointed [(d) Except as provided by Section |
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162 | 162 | | 6.0501, the] chief appraiser is entitled to compensation as |
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163 | 163 | | provided by the budget adopted by the county assessor-collector who |
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164 | 164 | | governs the appraisal office for performing duties delegated to the |
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165 | 165 | | appointed chief appraiser by the county assessor-collector [board |
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166 | 166 | | of directors]. The chief appraiser's compensation may not be |
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167 | 167 | | directly or indirectly linked to an increase in the total market, |
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168 | 168 | | appraised, or taxable value of property in the county for which the |
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169 | 169 | | appraisal office is established [district]. The county |
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170 | 170 | | assessor-collector [Except as provided by Section 6.0501, the chief |
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171 | 171 | | appraiser] may employ and compensate professional, clerical, and |
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172 | 172 | | other personnel as provided by the budget[, with the exception of a |
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173 | 173 | | general counsel to the appraisal district]. |
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174 | 174 | | (g) [(e)] The county assessor-collector may not appoint a |
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175 | 175 | | person to serve as the chief appraiser if the person is related to |
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176 | 176 | | the county assessor-collector within the second degree by affinity |
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177 | 177 | | or within the third degree by consanguinity, as determined under |
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178 | 178 | | Chapter 573, Government Code. [chief appraiser may delegate |
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179 | 179 | | authority to his employees. |
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180 | 180 | | [(f) The chief appraiser may not employ any individual |
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181 | 181 | | related to a member of the board of directors within the second |
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182 | 182 | | degree by affinity or within the third degree by consanguinity, as |
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183 | 183 | | determined under Chapter 573, Government Code.] A person commits |
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184 | 184 | | an offense if the person intentionally or knowingly violates this |
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185 | 185 | | subsection. An offense under this subsection is a misdemeanor |
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186 | 186 | | punishable by a fine of not less than $100 or more than $1,000. |
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187 | 187 | | (h) [(g)] The chief appraiser is an officer of the appraisal |
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188 | 188 | | office [district] for purposes of the nepotism law, Chapter 573, |
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189 | 189 | | Government Code. An appraisal office [district] may not employ or |
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190 | 190 | | contract with an individual or the spouse of an individual who is |
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191 | 191 | | related to the chief appraiser within the first degree by |
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192 | 192 | | consanguinity or affinity, as determined under Chapter 573, |
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193 | 193 | | Government Code. |
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194 | 194 | | (i) A county assessor-collector who appoints another person |
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195 | 195 | | to serve as the chief appraiser [(h) The board of directors of an |
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196 | 196 | | appraisal district by resolution] may prescribe that specified |
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197 | 197 | | actions of the chief appraiser relating to the finances or |
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198 | 198 | | administration of the appraisal office [district] are subject to |
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199 | 199 | | the approval of the county assessor-collector [board]. |
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200 | 200 | | [(i) To ensure adherence with generally accepted appraisal |
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201 | 201 | | practices, the board of directors of an appraisal district shall |
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202 | 202 | | develop biennially a written plan for the periodic reappraisal of |
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203 | 203 | | all property within the boundaries of the district according to the |
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204 | 204 | | requirements of Section 25.18 and shall hold a public hearing to |
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205 | 205 | | consider the proposed plan. Not later than the 10th day before the |
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206 | 206 | | date of the hearing, the secretary of the board shall deliver to the |
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207 | 207 | | presiding officer of the governing body of each taxing unit |
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208 | 208 | | participating in the district a written notice of the date, time, |
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209 | 209 | | and place for the hearing. Not later than September 15 of each |
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210 | 210 | | even-numbered year, the board shall complete its hearings, make any |
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211 | 211 | | amendments, and by resolution finally approve the plan. Copies of |
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212 | 212 | | the approved plan shall be distributed to the presiding officer of |
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213 | 213 | | the governing body of each taxing unit participating in the |
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214 | 214 | | district and to the comptroller within 60 days of the approval |
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215 | 215 | | date.] |
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216 | 216 | | (j) The county assessor-collector who governs [board of |
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217 | 217 | | directors of] an appraisal office [district] may employ a general |
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218 | 218 | | counsel to the office [district] to serve at the will of the county |
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219 | 219 | | assessor-collector [board]. The general counsel shall provide |
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220 | 220 | | counsel directly to the county assessor-collector [board] and |
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221 | 221 | | perform other duties and responsibilities as determined by the |
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222 | 222 | | county assessor-collector [board]. The general counsel is entitled |
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223 | 223 | | to compensation as provided by the budget adopted by the county |
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224 | 224 | | assessor-collector [board]. |
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225 | 225 | | SECTION 8. Section 6.052, Tax Code, is amended to read as |
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226 | 226 | | follows: |
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227 | 227 | | Sec. 6.052. TAXPAYER LIAISON OFFICER. (a) The county |
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228 | 228 | | assessor-collector who governs [board of directors for] an |
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229 | 229 | | appraisal office [district] created for a county with a population |
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230 | 230 | | of more than 120,000 shall appoint a taxpayer liaison officer who |
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231 | 231 | | shall serve at the pleasure of the county assessor-collector |
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232 | 232 | | [board]. The taxpayer liaison officer [shall administer the public |
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233 | 233 | | access functions required by Sections 6.04(d), (e), and (f), and] |
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234 | 234 | | is responsible for resolving disputes not involving matters that |
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235 | 235 | | may be protested under Section 41.41. In addition, the taxpayer |
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236 | 236 | | liaison officer is responsible for receiving, and compiling a list |
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237 | 237 | | of, comments and suggestions filed by the chief appraiser, a |
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238 | 238 | | property owner, or a property owner's agent concerning the matters |
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239 | 239 | | listed in Section 5.103(b) or any other matter related to the |
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240 | 240 | | fairness and efficiency of the appraisal review board established |
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241 | 241 | | for the appraisal office [district]. The taxpayer liaison officer |
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242 | 242 | | shall forward to the comptroller comments and suggestions filed |
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243 | 243 | | under this subsection in the form and manner prescribed by the |
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244 | 244 | | comptroller. |
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245 | 245 | | (b) The taxpayer liaison officer shall provide to the public |
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246 | 246 | | information and materials designed to assist property owners in |
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247 | 247 | | understanding the appraisal process, protest procedures, the |
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248 | 248 | | procedure for filing comments and suggestions under Subsection (a) |
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249 | 249 | | [of this section or a complaint under Section 6.04(g)], and other |
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250 | 250 | | matters. Information concerning the process for submitting |
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251 | 251 | | comments and suggestions to the comptroller concerning an appraisal |
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252 | 252 | | review board shall be provided at each protest hearing. |
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253 | 253 | | (c) The taxpayer liaison officer shall report to the county |
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254 | 254 | | assessor-collector [board at each meeting] on the status of all |
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255 | 255 | | comments and suggestions filed with the officer under Subsection |
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256 | 256 | | (a) [of this section and all complaints filed with the board under |
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257 | 257 | | Section 6.04(g)]. |
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258 | 258 | | (d) The taxpayer liaison officer is entitled to |
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259 | 259 | | compensation as provided by the budget adopted by the county |
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260 | 260 | | assessor-collector [board of directors]. |
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261 | 261 | | (e) The chief appraiser or any other person who performs |
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262 | 262 | | appraisal or legal services for the appraisal office [district] for |
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263 | 263 | | compensation is not eligible to be the taxpayer liaison officer. |
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264 | 264 | | (f) The taxpayer liaison officer for an appraisal office |
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265 | 265 | | [district described by Section 6.41(d-1)] is responsible for |
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266 | 266 | | providing clerical assistance to the pertinent state senators and |
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267 | 267 | | state representatives [local administrative district judge] in the |
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268 | 268 | | selection of appraisal review board members. The officer shall |
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269 | 269 | | deliver to the state senators and state representatives [local |
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270 | 270 | | administrative district judge] any applications to serve on the |
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271 | 271 | | board that are submitted to the officer and shall perform other |
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272 | 272 | | duties as requested by the state senators and state representatives |
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273 | 273 | | [local administrative district judge]. The officer may not |
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274 | 274 | | influence the process for selecting appraisal review board members. |
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275 | 275 | | SECTION 9. The heading to Section 6.06, Tax Code, is amended |
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276 | 276 | | to read as follows: |
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277 | 277 | | Sec. 6.06. APPRAISAL OFFICE [DISTRICT] BUDGET AND |
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278 | 278 | | FINANCING. |
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279 | 279 | | SECTION 10. Sections 6.06(a), (b), (c), (d), (f), (g), (h), |
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280 | 280 | | (i), (j), and (k), Tax Code, are amended to read as follows: |
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281 | 281 | | (a) Each year the county assessor-collector who governs an |
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282 | 282 | | appraisal office, with the assistance of the chief appraiser, shall |
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283 | 283 | | prepare a proposed budget for the operations of the office |
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284 | 284 | | [district] for the following tax year and shall submit copies to |
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285 | 285 | | each taxing unit participating in the office [district and to the |
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286 | 286 | | district board of directors] before June 15. The budget must [He |
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287 | 287 | | shall] include [in the budget] a list showing each proposed |
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288 | 288 | | position, the proposed salary for the position, all benefits |
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289 | 289 | | proposed for the position, each proposed capital expenditure, and |
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290 | 290 | | an estimate of the amount of the budget that will be allocated to |
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291 | 291 | | each taxing unit. Each taxing unit [entitled to vote on the |
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292 | 292 | | appointment of board members] shall maintain a copy of the proposed |
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293 | 293 | | budget for public inspection at its principal administrative |
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294 | 294 | | office. |
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295 | 295 | | (b) The county assessor-collector [board of directors] |
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296 | 296 | | shall hold a public hearing to consider the budget. The chief |
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297 | 297 | | appraiser [secretary of the board] shall deliver to the presiding |
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298 | 298 | | officer of the governing body of each taxing unit participating in |
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299 | 299 | | the appraisal office [district] not later than the 10th day before |
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300 | 300 | | the date of the hearing a written notice of the date, time, and |
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301 | 301 | | place fixed for the hearing. The county assessor-collector [board] |
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302 | 302 | | shall complete the [its] hearings, make any amendments to the |
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303 | 303 | | proposed budget [it desires], and finally approve a budget before |
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304 | 304 | | September 15. If the governing bodies of a majority of the taxing |
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305 | 305 | | units participating in the appraisal office [entitled to vote on |
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306 | 306 | | the appointment of board members] adopt resolutions disapproving a |
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307 | 307 | | budget and file them with the county assessor-collector [secretary |
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308 | 308 | | of the board] within 30 days after its adoption, the budget does not |
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309 | 309 | | take effect, and the county assessor-collector [board] shall adopt |
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310 | 310 | | a new budget within 30 days of the disapproval. |
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311 | 311 | | (c) The county assessor-collector [board] may amend the |
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312 | 312 | | approved budget at any time[,] but [the secretary of the board] must |
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313 | 313 | | deliver a written copy of a proposed amendment to the presiding |
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314 | 314 | | officer of the governing body of each taxing unit participating in |
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315 | 315 | | the appraisal office [district] not later than the 30th day before |
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316 | 316 | | the date the county assessor-collector [board] acts on it. |
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317 | 317 | | (d) Each taxing unit participating in the appraisal office |
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318 | 318 | | [district] is allocated a portion of the amount of the budget equal |
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319 | 319 | | to the proportion that the total dollar amount of property taxes |
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320 | 320 | | imposed in the county for which the office is established |
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321 | 321 | | [district] by the taxing unit for the tax year in which the budget |
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322 | 322 | | proposal is prepared bears to the sum of the total dollar amount of |
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323 | 323 | | property taxes imposed in the county [district] by each |
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324 | 324 | | participating taxing unit for that year. If a taxing unit |
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325 | 325 | | participates in two or more appraisal offices [districts], only the |
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326 | 326 | | taxes imposed in the appropriate county [a district] are used to |
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327 | 327 | | calculate the taxing unit's cost allocations in that office |
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328 | 328 | | [district]. If the number of real property parcels in a taxing unit |
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329 | 329 | | is less than 5 percent of the total number of real property parcels |
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330 | 330 | | in the county [district] and the taxing unit imposes in excess of 25 |
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331 | 331 | | percent of the total amount of the property taxes imposed in the |
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332 | 332 | | county [district] by all of the participating taxing units for a |
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333 | 333 | | year, the taxing unit's allocation may not exceed a percentage of |
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334 | 334 | | the appraisal office's [district's] budget equal to three times the |
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335 | 335 | | taxing unit's percentage of the total number of real property |
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336 | 336 | | parcels appraised by the office [district]. |
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337 | 337 | | (f) Payments shall be made to a depository designated by the |
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338 | 338 | | county assessor-collector [district board of directors]. The |
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339 | 339 | | appraisal office's [district's] funds may be disbursed only by a |
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340 | 340 | | written check, draft, or order signed by the county |
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341 | 341 | | assessor-collector [chairman and secretary of the board] or, if |
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342 | 342 | | authorized by [resolution of] the county assessor-collector |
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343 | 343 | | [board], by the chief appraiser. |
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344 | 344 | | (g) If a taxing unit decides not to impose taxes for any tax |
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345 | 345 | | year, the taxing unit is not liable for any of the costs of |
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346 | 346 | | operating the appraisal office [district] in that year, and those |
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347 | 347 | | costs are allocated among the other taxing units as if that taxing |
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348 | 348 | | unit had not imposed taxes in the year used to calculate |
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349 | 349 | | allocations. However, if that taxing unit has made any payments, it |
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350 | 350 | | is not entitled to a refund. |
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351 | 351 | | (h) If a newly formed taxing unit or a taxing unit that did |
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352 | 352 | | not impose taxes in the preceding year imposes taxes in any tax |
---|
353 | 353 | | year, that taxing unit is allocated a portion of the amount budgeted |
---|
354 | 354 | | to operate the appraisal office [district] as if it had imposed |
---|
355 | 355 | | taxes in the preceding year, except that the amount of taxes the |
---|
356 | 356 | | taxing unit imposes in the current year is used to calculate its |
---|
357 | 357 | | allocation. Before the amount of taxes to be imposed for the |
---|
358 | 358 | | current year is known, the allocation may be based on an estimate to |
---|
359 | 359 | | which the county assessor-collector who governs the appraisal |
---|
360 | 360 | | office [district board of directors] and the governing body of the |
---|
361 | 361 | | taxing unit agree, and the payments made after that amount is known |
---|
362 | 362 | | shall be adjusted to reflect the amount imposed. The payments of a |
---|
363 | 363 | | newly formed taxing unit that has no source of funds are postponed |
---|
364 | 364 | | until the taxing unit has received adequate tax or other revenues. |
---|
365 | 365 | | (i) The fiscal year of an appraisal office [district] is the |
---|
366 | 366 | | calendar year unless the governing bodies of three-fourths of the |
---|
367 | 367 | | taxing units that participate in the office [entitled to vote on the |
---|
368 | 368 | | appointment of board members] adopt resolutions proposing a |
---|
369 | 369 | | different fiscal year and file them with the county |
---|
370 | 370 | | assessor-collector who governs the office [secretary of the board] |
---|
371 | 371 | | not more than 12 and not less than eight months before the first day |
---|
372 | 372 | | of the fiscal year proposed by the resolutions. If the fiscal year |
---|
373 | 373 | | of an appraisal office [district] is changed under this subsection, |
---|
374 | 374 | | the county assessor-collector, with the assistance of the chief |
---|
375 | 375 | | appraiser, shall prepare a proposed budget for the fiscal year as |
---|
376 | 376 | | provided by Subsection (a) [of this section] before the 15th day of |
---|
377 | 377 | | the seventh month preceding the first day of the fiscal year |
---|
378 | 378 | | established by the change, and the county assessor-collector [board |
---|
379 | 379 | | of directors] shall adopt a budget for the fiscal year as provided |
---|
380 | 380 | | by Subsection (b) [of this section] before the 15th day of the |
---|
381 | 381 | | fourth month preceding the first day of the fiscal year established |
---|
382 | 382 | | by the change. The [Unless the appraisal district adopts a |
---|
383 | 383 | | different method of allocation under Section 6.061 of this code, |
---|
384 | 384 | | the] allocation of the budget to each taxing unit shall be |
---|
385 | 385 | | calculated as provided by Subsection (d) [of this section] using |
---|
386 | 386 | | the amount of property taxes imposed by each participating taxing |
---|
387 | 387 | | unit in the most recent tax year preceding the fiscal year |
---|
388 | 388 | | established by the change for which the necessary information is |
---|
389 | 389 | | available. Each taxing unit shall pay its allocation as provided by |
---|
390 | 390 | | Subsection (e) [of this section], except that the first payment |
---|
391 | 391 | | shall be made before the first day of the fiscal year established by |
---|
392 | 392 | | the change and subsequent payments shall be made quarterly. In the |
---|
393 | 393 | | year in which a change in the fiscal year occurs, the budget that |
---|
394 | 394 | | takes effect on January 1 of that year may be amended as necessary |
---|
395 | 395 | | as provided by Subsection (c) [of this section] in order to |
---|
396 | 396 | | accomplish the change in fiscal years. |
---|
397 | 397 | | (j) If the total amount of the payments made or due to be |
---|
398 | 398 | | made by the taxing units participating in an appraisal office |
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399 | 399 | | [district] exceeds the amount actually spent or obligated to be |
---|
400 | 400 | | spent during the fiscal year for which the payments were made, the |
---|
401 | 401 | | chief appraiser shall credit the excess amount against each taxing |
---|
402 | 402 | | unit's allocated payments for the following year in proportion to |
---|
403 | 403 | | the amount of each taxing unit's budget allocation for the fiscal |
---|
404 | 404 | | year for which the payments were made. If a taxing unit that paid |
---|
405 | 405 | | its allocated amount is not allocated a portion of the appraisal |
---|
406 | 406 | | office's [district's] budget for the following fiscal year, the |
---|
407 | 407 | | chief appraiser shall refund to the taxing unit its proportionate |
---|
408 | 408 | | share of the excess funds not later than the 150th day after the end |
---|
409 | 409 | | of the fiscal year for which the payments were made. |
---|
410 | 410 | | (k) For good cause shown, the county assessor-collector who |
---|
411 | 411 | | governs an appraisal office [board of directors] may waive the |
---|
412 | 412 | | penalty and interest on a delinquent payment under Subsection (e). |
---|
413 | 413 | | SECTION 11. Sections 6.062(a) and (c), Tax Code, are |
---|
414 | 414 | | amended to read as follows: |
---|
415 | 415 | | (a) Not later than the 10th day before the date of the public |
---|
416 | 416 | | hearing at which the county assessor-collector who governs an |
---|
417 | 417 | | appraisal office [board of directors] considers the appraisal |
---|
418 | 418 | | office [district] budget, the chief appraiser shall give notice of |
---|
419 | 419 | | the public hearing by publishing the notice in a newspaper having |
---|
420 | 420 | | general circulation in the county for which the appraisal office |
---|
421 | 421 | | [district] is established. The notice may not be smaller than |
---|
422 | 422 | | one-quarter page of a standard-size or tabloid-size newspaper and |
---|
423 | 423 | | may not be published in the part of the paper in which legal notices |
---|
424 | 424 | | and classified advertisements appear. |
---|
425 | 425 | | (c) The notice must state that the appraisal office |
---|
426 | 426 | | [district] is supported solely by payments from the local taxing |
---|
427 | 427 | | units served by the appraisal office [district]. The notice must |
---|
428 | 428 | | also contain the following statement: "If approved by the county |
---|
429 | 429 | | assessor-collector who governs the appraisal office [district |
---|
430 | 430 | | board of directors] at the public hearing, this proposed budget |
---|
431 | 431 | | will take effect automatically unless disapproved by the governing |
---|
432 | 432 | | bodies of the taxing units [county, school districts, cities, and |
---|
433 | 433 | | towns] served by the appraisal office [district]. A copy of the |
---|
434 | 434 | | proposed budget is available for public inspection in the office of |
---|
435 | 435 | | each of those governing bodies." |
---|
436 | 436 | | SECTION 12. Section 6.063, Tax Code, is amended to read as |
---|
437 | 437 | | follows: |
---|
438 | 438 | | Sec. 6.063. FINANCIAL AUDIT. (a) At least once each year, |
---|
439 | 439 | | the county assessor-collector who governs [board of directors of] |
---|
440 | 440 | | an appraisal office [district] shall have prepared an audit of its |
---|
441 | 441 | | affairs by an independent certified public accountant or a firm of |
---|
442 | 442 | | independent certified public accountants. |
---|
443 | 443 | | (b) The report of the audit is a public record. A copy of |
---|
444 | 444 | | the report shall be delivered to the presiding officer of the |
---|
445 | 445 | | governing body of each taxing unit that participates in the |
---|
446 | 446 | | appraisal office [eligible to vote on the appointment of district |
---|
447 | 447 | | directors], and a reasonable number of copies shall be available |
---|
448 | 448 | | for inspection at the appraisal office. |
---|
449 | 449 | | SECTION 13. The heading to Section 6.09, Tax Code, is |
---|
450 | 450 | | amended to read as follows: |
---|
451 | 451 | | Sec. 6.09. DESIGNATION OF APPRAISAL OFFICE [DISTRICT] |
---|
452 | 452 | | DEPOSITORY. |
---|
453 | 453 | | SECTION 14. Sections 6.09(a), (b), and (c), Tax Code, are |
---|
454 | 454 | | amended to read as follows: |
---|
455 | 455 | | (a) The appraisal office [district] depository must be a |
---|
456 | 456 | | banking corporation incorporated under the laws of this state or |
---|
457 | 457 | | the United States or a savings and loan association in this state |
---|
458 | 458 | | whose deposits are insured by the Federal Deposit [Savings and |
---|
459 | 459 | | Loan] Insurance Corporation. |
---|
460 | 460 | | (b) The county assessor-collector who governs the appraisal |
---|
461 | 461 | | office [district board of directors] shall designate as the office |
---|
462 | 462 | | [district] depository the financial institution or institutions |
---|
463 | 463 | | that offer the most favorable terms and conditions for the handling |
---|
464 | 464 | | of the office's [district's] funds. |
---|
465 | 465 | | (c) The county assessor-collector [board] shall solicit |
---|
466 | 466 | | bids to be designated as depository for the appraisal office |
---|
467 | 467 | | [district]. The depository when designated shall serve for a term |
---|
468 | 468 | | of two years and until its successor is designated and has |
---|
469 | 469 | | qualified. The county assessor-collector [board] and the |
---|
470 | 470 | | depository may agree to extend a depository contract for one |
---|
471 | 471 | | additional two-year period. |
---|
472 | 472 | | SECTION 15. Section 6.11, Tax Code, is amended to read as |
---|
473 | 473 | | follows: |
---|
474 | 474 | | Sec. 6.11. PURCHASING AND CONTRACTING AUTHORITY. (a) An |
---|
475 | 475 | | appraisal office [district] is subject to the same requirements and |
---|
476 | 476 | | has the same purchasing and contracting authority as a municipality |
---|
477 | 477 | | under Chapter 252, Local Government Code. |
---|
478 | 478 | | (b) For purposes of this section, all the provisions of |
---|
479 | 479 | | Chapter 252, Local Government Code, applicable to a municipality or |
---|
480 | 480 | | to purchases and contracts by a municipality apply to an appraisal |
---|
481 | 481 | | office [district] and to purchases and contracts by an appraisal |
---|
482 | 482 | | office [district] to the extent they can be made applicable, and all |
---|
483 | 483 | | references to the municipality in that chapter mean the appraisal |
---|
484 | 484 | | office [district]. For purposes of applying Section 252.061, Local |
---|
485 | 485 | | Government Code, to an appraisal office [district], any resident of |
---|
486 | 486 | | the county for which the appraisal office is established [district] |
---|
487 | 487 | | may seek an injunction under that section. Sections 252.062 and |
---|
488 | 488 | | 252.063, Local Government Code, apply to an officer or employee of |
---|
489 | 489 | | an appraisal office [district] in the same manner as those sections |
---|
490 | 490 | | apply to a municipal officer or employee. |
---|
491 | 491 | | SECTION 16. Sections 6.12(a), (b), (c), and (e), Tax Code, |
---|
492 | 492 | | are amended to read as follows: |
---|
493 | 493 | | (a) The state senators and state representatives whose |
---|
494 | 494 | | districts contain any part of the territory included in the county |
---|
495 | 495 | | for which an [chief appraiser of each] appraisal office is |
---|
496 | 496 | | established [district] shall by majority vote appoint, with the |
---|
497 | 497 | | advice [and consent] of and in the manner provided by the county |
---|
498 | 498 | | assessor-collector who governs the office [board of directors], an |
---|
499 | 499 | | agricultural advisory board composed of three or more members as |
---|
500 | 500 | | determined by the county assessor-collector [board]. Each state |
---|
501 | 501 | | senator and state representative is entitled to one vote for a |
---|
502 | 502 | | candidate for each position to be filled on the board. |
---|
503 | 503 | | (b) The agricultural advisory board members must be |
---|
504 | 504 | | landowners of the county for which the appraisal office is |
---|
505 | 505 | | established [district] whose land qualifies for appraisal under |
---|
506 | 506 | | Subchapter C, D, E, or H, Chapter 23, and who have been residents of |
---|
507 | 507 | | the county [district] for at least five years. |
---|
508 | 508 | | (c) Members of the board serve for [staggered] terms of two |
---|
509 | 509 | | years. The county assessor-collector who governs the appraisal |
---|
510 | 510 | | office shall provide for staggered terms, so that the terms of as |
---|
511 | 511 | | close to one-half of the members as possible expire each year [In |
---|
512 | 512 | | making the initial appointments of members of the agricultural |
---|
513 | 513 | | advisory board the chief appraiser shall appoint for a term of one |
---|
514 | 514 | | year one-half of the members, or if the number of members is an odd |
---|
515 | 515 | | number, one fewer than a majority of the membership]. |
---|
516 | 516 | | (e) An employee or officer of an appraisal office [district] |
---|
517 | 517 | | may not be appointed and may not serve as a member of the |
---|
518 | 518 | | agricultural advisory board. |
---|
519 | 519 | | SECTION 17. Section 6.13, Tax Code, is amended to read as |
---|
520 | 520 | | follows: |
---|
521 | 521 | | Sec. 6.13. APPRAISAL OFFICE [DISTRICT] RECORDS. The |
---|
522 | 522 | | preservation, microfilming, destruction, or other disposition of |
---|
523 | 523 | | the records of each appraisal office [district] is subject to the |
---|
524 | 524 | | requirements of Subtitle C, Title 6, Local Government Code, and |
---|
525 | 525 | | rules adopted under that subtitle. |
---|
526 | 526 | | SECTION 18. Sections 6.14(a) and (b), Tax Code, are amended |
---|
527 | 527 | | to read as follows: |
---|
528 | 528 | | (a) On the written request of the Texas Legislative Council, |
---|
529 | 529 | | an appraisal office [district] that maintains its appraisal records |
---|
530 | 530 | | in electronic format shall provide a copy of the information or data |
---|
531 | 531 | | maintained in the office's [district's] appraisal records to the |
---|
532 | 532 | | council without charge. |
---|
533 | 533 | | (b) The appraisal office [district] shall provide the |
---|
534 | 534 | | requested information or data to the council as soon as practicable |
---|
535 | 535 | | but not later than the 30th day after the date the request is |
---|
536 | 536 | | received by the office [district]. |
---|
537 | 537 | | SECTION 19. Sections 6.24(a) and (b), Tax Code, are amended |
---|
538 | 538 | | to read as follows: |
---|
539 | 539 | | (a) The governing body of a taxing unit other than a county |
---|
540 | 540 | | may contract as provided by Chapter 791, Government Code, [the |
---|
541 | 541 | | Interlocal Cooperation Act] with the governing body of another |
---|
542 | 542 | | taxing unit or with the county assessor-collector who governs |
---|
543 | 543 | | [board of directors of] an appraisal office [district] for the |
---|
544 | 544 | | other taxing unit or the office [district] to perform duties |
---|
545 | 545 | | relating to the assessment or collection of taxes. |
---|
546 | 546 | | (b) The commissioners court of a county with the approval of |
---|
547 | 547 | | the county assessor-collector may contract as provided by Chapter |
---|
548 | 548 | | 791, Government Code, [the Interlocal Cooperation Act] with the |
---|
549 | 549 | | governing body of another taxing unit in the county [or with the |
---|
550 | 550 | | board of directors of the appraisal district] for the other taxing |
---|
551 | 551 | | unit [or the district] to perform duties relating to the assessment |
---|
552 | 552 | | or collection of taxes for the county. The commissioners court may |
---|
553 | 553 | | contract as provided by Chapter 791, Government Code, with the |
---|
554 | 554 | | county assessor-collector for the appraisal office established for |
---|
555 | 555 | | the county to perform duties relating to the assessment or |
---|
556 | 556 | | collection of taxes for the county. If a county contracts to have |
---|
557 | 557 | | its taxes assessed and collected by another taxing unit or by the |
---|
558 | 558 | | appraisal office [district, except as provided by Subsection (c)], |
---|
559 | 559 | | the contract shall require the other taxing unit or the office |
---|
560 | 560 | | [district] to assess and collect all taxes the county is required to |
---|
561 | 561 | | assess and collect. |
---|
562 | 562 | | SECTION 20. Sections 6.26(a), (b), (c), (e), (f), and (j), |
---|
563 | 563 | | Tax Code, are amended to read as follows: |
---|
564 | 564 | | (a) The qualified voters residing in the county for which an |
---|
565 | 565 | | appraisal office is established [district] by petition submitted to |
---|
566 | 566 | | the county clerk of the county [principally served by the appraisal |
---|
567 | 567 | | district] may require that an election be held to determine whether |
---|
568 | 568 | | or not to require the appraisal office [district], the county |
---|
569 | 569 | | assessor-collector, or a specified taxing unit within the county |
---|
570 | 570 | | [appraisal district] to assess, collect, or assess and collect |
---|
571 | 571 | | property taxes on property appraised by the office [district] for |
---|
572 | 572 | | all taxing units. |
---|
573 | 573 | | (b) The qualified voters of a taxing unit that assesses, |
---|
574 | 574 | | collects, or assesses and collects its own property taxes by |
---|
575 | 575 | | petition submitted to the governing body of the taxing unit may |
---|
576 | 576 | | require that an election be held to determine whether or not to |
---|
577 | 577 | | require the appraisal office [district], the county |
---|
578 | 578 | | assessor-collector, or another taxing unit that is assessing and |
---|
579 | 579 | | collecting property taxes to assess, collect, or assess and collect |
---|
580 | 580 | | the taxing unit's property taxes. |
---|
581 | 581 | | (c) A petition is valid if: |
---|
582 | 582 | | (1) it states that it is intended to require an |
---|
583 | 583 | | election in the county for which the appraisal office is |
---|
584 | 584 | | established [district] or in the taxing unit on the question of |
---|
585 | 585 | | consolidation of assessing or collecting functions or both; |
---|
586 | 586 | | (2) it states the functions to be consolidated and |
---|
587 | 587 | | identifies the entity or office that will be required to perform the |
---|
588 | 588 | | functions; and |
---|
589 | 589 | | (3) it is signed by a number of qualified voters equal |
---|
590 | 590 | | to at least 10 percent of the number of qualified voters, according |
---|
591 | 591 | | to the most recent official list of qualified voters, residing in |
---|
592 | 592 | | the county for which the appraisal office is established |
---|
593 | 593 | | [district], if the petition is authorized by Subsection (a) [of |
---|
594 | 594 | | this section], or in the taxing unit, if the petition is authorized |
---|
595 | 595 | | by Subsection (b) [of this section], or by 10,000 qualified voters, |
---|
596 | 596 | | whichever number is less. |
---|
597 | 597 | | (e) If the commissioners court or the governing body finds |
---|
598 | 598 | | that the petition is valid, it shall order that an election be held |
---|
599 | 599 | | in the county for which the appraisal office is established |
---|
600 | 600 | | [district] or in the taxing unit on the next uniform election date |
---|
601 | 601 | | prescribed by the [Texas] Election Code that is more than 60 days |
---|
602 | 602 | | after the last day on which it could have acted to approve or |
---|
603 | 603 | | disapprove the petition. At the election, the ballots shall be |
---|
604 | 604 | | prepared to permit voting for or against the proposition: |
---|
605 | 605 | | "Requiring the (name of entity or office) to (assess, collect, or |
---|
606 | 606 | | assess and collect, as applicable) property taxes for (all taxing |
---|
607 | 607 | | units in [the appraisal district for] _____________ County [county] |
---|
608 | 608 | | or name of taxing unit or taxing units, as applicable)." |
---|
609 | 609 | | (f) If a majority of the qualified voters voting on the |
---|
610 | 610 | | question in the election favor the proposition, the entity or |
---|
611 | 611 | | office named by the ballot shall perform the functions named by the |
---|
612 | 612 | | ballot beginning with the next time property taxes are assessed or |
---|
613 | 613 | | collected, as applicable, that is more than 90 days after the date |
---|
614 | 614 | | of the election. If the governing bodies, [(]and the county |
---|
615 | 615 | | assessor-collector who governs the appraisal office [district |
---|
616 | 616 | | board of directors] when the office [district] is involved,[)] |
---|
617 | 617 | | agree, a function may be consolidated when performance of the |
---|
618 | 618 | | function begins in less than 90 days after the date of the election. |
---|
619 | 619 | | (j) An appraisal office [district] may not be required by an |
---|
620 | 620 | | election to assess, collect, or assess and collect taxes on |
---|
621 | 621 | | property outside the [district's] boundaries of the county for |
---|
622 | 622 | | which the office is established. A taxing unit may not be required |
---|
623 | 623 | | by an election to assess, collect, or assess and collect taxes on |
---|
624 | 624 | | property outside the boundaries of the county for which the |
---|
625 | 625 | | appraisal office [district] that appraises property for the taxing |
---|
626 | 626 | | unit is established. |
---|
627 | 627 | | SECTION 21. Section 6.29(b), Tax Code, is amended to read as |
---|
628 | 628 | | follows: |
---|
629 | 629 | | (b) A taxing unit whose taxes are collected by the collector |
---|
630 | 630 | | for another taxing unit, by an officer or employee of another taxing |
---|
631 | 631 | | unit or of an appraisal office [district], or by any other person |
---|
632 | 632 | | other than the taxing unit's own collector may require that |
---|
633 | 633 | | collector, officer, employee, or other person to give bond |
---|
634 | 634 | | conditioned on the faithful performance of that person's [his] |
---|
635 | 635 | | duties. To be effective, the bond must be made payable to and must |
---|
636 | 636 | | be approved by and paid for by the governing body of the taxing unit |
---|
637 | 637 | | requiring bond in an amount determined by the governing body. The |
---|
638 | 638 | | governing body may prescribe additional requirements for the bond. |
---|
639 | 639 | | SECTION 22. Section 6.41, Tax Code, is amended to read as |
---|
640 | 640 | | follows: |
---|
641 | 641 | | Sec. 6.41. APPRAISAL REVIEW BOARD. (a) The appraisal |
---|
642 | 642 | | review board is established for each appraisal office [district]. |
---|
643 | 643 | | (b) The board consists of three members. However, the |
---|
644 | 644 | | county assessor-collector who governs the appraisal office |
---|
645 | 645 | | [district board of directors by resolution of a majority of its |
---|
646 | 646 | | members] may increase the size of the appraisal review board to the |
---|
647 | 647 | | number of members the county assessor-collector [board of |
---|
648 | 648 | | directors] considers appropriate. |
---|
649 | 649 | | (c) To be eligible to serve on the board, an individual must |
---|
650 | 650 | | be a resident of the county for which the appraisal office is |
---|
651 | 651 | | established [district] and must have resided in the county |
---|
652 | 652 | | [district] for at least two years. |
---|
653 | 653 | | (d) Members [Except as provided by Subsection (d-1), |
---|
654 | 654 | | members] of the board are appointed by majority vote of the state |
---|
655 | 655 | | senators and state representatives whose districts contain any part |
---|
656 | 656 | | of the territory included in the county for which [resolution of a |
---|
657 | 657 | | majority of] the appraisal office is established in the manner |
---|
658 | 658 | | provided by the county assessor-collector who governs the office |
---|
659 | 659 | | [district board of directors]. Each state senator and state |
---|
660 | 660 | | representative is entitled to one vote for a candidate for each |
---|
661 | 661 | | position to be filled on the board. A vacancy on the board is filled |
---|
662 | 662 | | in the same manner for the unexpired portion of the term. |
---|
663 | 663 | | (e) [(d-1) In a county with a population of 120,000 or more |
---|
664 | 664 | | the members of the board are appointed by the local administrative |
---|
665 | 665 | | district judge under Subchapter D, Chapter 74, Government Code, in |
---|
666 | 666 | | the county in which the appraisal district is established.] All |
---|
667 | 667 | | applications submitted to the appraisal office [district] or to the |
---|
668 | 668 | | [appraisal review] board from persons seeking appointment as a |
---|
669 | 669 | | member of the [appraisal review] board shall be delivered to the |
---|
670 | 670 | | pertinent state senators and state representatives [local |
---|
671 | 671 | | administrative district judge]. The appraisal office [district] |
---|
672 | 672 | | may provide the state senators and state representatives [local |
---|
673 | 673 | | administrative district judge] with information regarding whether |
---|
674 | 674 | | an applicant for appointment to or a member of the board owes any |
---|
675 | 675 | | delinquent ad valorem taxes to a taxing unit participating in the |
---|
676 | 676 | | appraisal office [district]. |
---|
677 | 677 | | (f) [(d-2) A local administrative district judge making |
---|
678 | 678 | | appointments under Subsection (d-1) may make such appointments |
---|
679 | 679 | | directly or may, by written order, appoint from three to five |
---|
680 | 680 | | persons to perform the duties of appraisal review board |
---|
681 | 681 | | commissioner. If the local administrative district judge chooses |
---|
682 | 682 | | to appoint appraisal review board commissioners, each commissioner |
---|
683 | 683 | | shall possess the same qualifications as those required of an |
---|
684 | 684 | | appraisal review board member. |
---|
685 | 685 | | [(d-3)] The appraisal office [local administrative judge |
---|
686 | 686 | | making appointments under Subsection (d-1)] shall [cause the proper |
---|
687 | 687 | | officer to] notify the persons appointed to the board of their [such |
---|
688 | 688 | | appointees of such] appointment[,] and when and where they are to |
---|
689 | 689 | | appear. |
---|
690 | 690 | | (g) [(d-4) If appraisal review board commissioners are |
---|
691 | 691 | | appointed under Subsection (d-2), they shall meet as directed by |
---|
692 | 692 | | the local administrative district judge in order to complete their |
---|
693 | 693 | | duties. |
---|
694 | 694 | | [(d-5)] The appraisal office [district of the county] shall |
---|
695 | 695 | | provide to the pertinent state senators and state representatives |
---|
696 | 696 | | [local administrative district judge, or to the appraisal review |
---|
697 | 697 | | board commissioners, as the case may be,] the number of [appraisal |
---|
698 | 698 | | review] board positions that require appointment and shall provide |
---|
699 | 699 | | whatever reasonable assistance is requested by the state senators |
---|
700 | 700 | | and state representatives to make the appointments [local |
---|
701 | 701 | | administrative district judge or the commissioners]. |
---|
702 | 702 | | (h) [(d-6) An appraisal review board commissioner is not |
---|
703 | 703 | | disqualified from serving as a member of the appraisal review |
---|
704 | 704 | | board. |
---|
705 | 705 | | [(d-7) If appraisal review board commissioners are |
---|
706 | 706 | | appointed under this section, the commissioners shall return a list |
---|
707 | 707 | | of proposed appraisal review board members to the local |
---|
708 | 708 | | administrative district judge at a time directed by such local |
---|
709 | 709 | | administrative judge, but in no event later than January 1 of each |
---|
710 | 710 | | year. Such list shall be composed of no less than five (5) names in |
---|
711 | 711 | | excess of the number of appraisal review board positions to be |
---|
712 | 712 | | filled by the local administrative district judge. The local |
---|
713 | 713 | | administrative judge may accept the proposed names, or reject the |
---|
714 | 714 | | proposed list and return the proposed list to the commissioners |
---|
715 | 715 | | upon which the commissioners shall propose a revised list until the |
---|
716 | 716 | | local administrative judge accepts the list. |
---|
717 | 717 | | [(d-8) Any appraisal review board commissioners appointed |
---|
718 | 718 | | pursuant to this section shall hold office for a term of one year |
---|
719 | 719 | | beginning January 1. A commissioner may be appointed to successive |
---|
720 | 720 | | terms at the discretion of the local administrative district judge. |
---|
721 | 721 | | [(d-9) Upon selection of the individuals who are to serve as |
---|
722 | 722 | | members of the appraisal review board, the local administrative |
---|
723 | 723 | | district judge shall enter an appropriate order designating such |
---|
724 | 724 | | members and setting each member's respective term of office, as |
---|
725 | 725 | | provided elsewhere in this section. |
---|
726 | 726 | | [(e)] Members of the board hold office for terms of two |
---|
727 | 727 | | years beginning January 1. The county assessor-collector who |
---|
728 | 728 | | governs the appraisal office [district board of directors by |
---|
729 | 729 | | resolution] shall provide for staggered terms, so that the terms of |
---|
730 | 730 | | as close to one-half of the members as possible expire each year. |
---|
731 | 731 | | [In making the initial or subsequent appointments, the board of |
---|
732 | 732 | | directors or the local administrative district judge or the judge's |
---|
733 | 733 | | designee shall designate those members who serve terms of one year |
---|
734 | 734 | | as needed to comply with this subsection.] |
---|
735 | 735 | | (i) [(f)] A member of the board may be removed from the |
---|
736 | 736 | | board by a majority vote of the state senators and state |
---|
737 | 737 | | representatives [appraisal district board of directors, or by the |
---|
738 | 738 | | local administrative district judge or the judge's designee, as |
---|
739 | 739 | | applicable,] that appointed the member. Grounds for removal are: |
---|
740 | 740 | | (1) a violation of Section 6.412, 6.413, 41.66(f), or |
---|
741 | 741 | | 41.69; |
---|
742 | 742 | | (2) good cause relating to the attendance of members |
---|
743 | 743 | | at called meetings of the board as established by written policy |
---|
744 | 744 | | adopted by the county assessor-collector who governs [a majority |
---|
745 | 745 | | of] the appraisal office [district board of directors]; or |
---|
746 | 746 | | (3) clear and convincing evidence of repeated bias or |
---|
747 | 747 | | misconduct. |
---|
748 | 748 | | (j) [(g)] Subsection (a) does not preclude the county |
---|
749 | 749 | | assessor-collectors who govern the appraisal offices established |
---|
750 | 750 | | for [boards of directors of] two or more adjoining counties |
---|
751 | 751 | | [appraisal districts] from providing for the operation of a |
---|
752 | 752 | | consolidated appraisal review board by interlocal contract. |
---|
753 | 753 | | (k) [(h)] When [adjoining] appraisal offices established |
---|
754 | 754 | | for two or more adjoining counties [districts] by interlocal |
---|
755 | 755 | | contract have provided for the operation of a consolidated |
---|
756 | 756 | | appraisal review board: |
---|
757 | 757 | | (1) a reference in this or another section of this code |
---|
758 | 758 | | to the appraisal office [district] means the [adjoining] appraisal |
---|
759 | 759 | | offices established for the adjoining counties [districts]; |
---|
760 | 760 | | (2) a reference in this or another section of this code |
---|
761 | 761 | | to the county assessor-collector who governs the appraisal office |
---|
762 | 762 | | [district board of directors] means the county assessor-collectors |
---|
763 | 763 | | who govern [boards of directors of] the [adjoining] appraisal |
---|
764 | 764 | | offices established for the adjoining counties [districts]; |
---|
765 | 765 | | (3) a provision of this code that applies to an |
---|
766 | 766 | | appraisal review board also applies to the consolidated appraisal |
---|
767 | 767 | | review board; and |
---|
768 | 768 | | (4) a reference in this code to the appraisal review |
---|
769 | 769 | | board shall be construed to also refer to the consolidated |
---|
770 | 770 | | appraisal review board. |
---|
771 | 771 | | (l) [(i) This subsection applies only to an appraisal |
---|
772 | 772 | | district described by Subsection (d-1).] A chief appraiser or |
---|
773 | 773 | | another employee or agent of the appraisal office [district], a |
---|
774 | 774 | | member of the appraisal review board for the appraisal office |
---|
775 | 775 | | [district], the county assessor-collector who governs [a member of |
---|
776 | 776 | | the board of directors of] the appraisal office [district], a |
---|
777 | 777 | | property tax consultant, or an agent of a property owner commits an |
---|
778 | 778 | | offense if the person communicates with a state senator or state |
---|
779 | 779 | | representative whose district contains any part of the territory |
---|
780 | 780 | | included in the county for which the appraisal office is |
---|
781 | 781 | | established [the local administrative district judge] regarding |
---|
782 | 782 | | the appointment of appraisal review board members. This subsection |
---|
783 | 783 | | does not apply to: |
---|
784 | 784 | | (1) a communication between a member of the appraisal |
---|
785 | 785 | | review board and a state senator or state representative [the local |
---|
786 | 786 | | administrative district judge] regarding the member's |
---|
787 | 787 | | reappointment to the board; |
---|
788 | 788 | | (2) a communication between the taxpayer liaison |
---|
789 | 789 | | officer for the appraisal office [district] and a state senator or |
---|
790 | 790 | | state representative [the local administrative district judge] in |
---|
791 | 791 | | the course of the performance of the officer's clerical duties so |
---|
792 | 792 | | long as the officer does not offer an opinion or comment regarding |
---|
793 | 793 | | the appointment of appraisal review board members; |
---|
794 | 794 | | (3) a communication between a chief appraiser or |
---|
795 | 795 | | another employee or agent of the appraisal office [district], a |
---|
796 | 796 | | member of the appraisal review board for the appraisal office |
---|
797 | 797 | | [district], or the county assessor-collector who governs [a member |
---|
798 | 798 | | of the board of directors of] the appraisal office [district] and a |
---|
799 | 799 | | state senator or state representative [the local administrative |
---|
800 | 800 | | district judge] regarding information relating to or described by |
---|
801 | 801 | | Subsection (e), (g), or (i) [(d-1), (d-5), or (f)] of this section |
---|
802 | 802 | | or Section 411.1296, Government Code; or |
---|
803 | 803 | | (4) a communication between a property tax consultant |
---|
804 | 804 | | or a property owner or an agent of the property owner and the |
---|
805 | 805 | | taxpayer liaison officer for the appraisal office [district] |
---|
806 | 806 | | regarding information relating to or described by Subsection (i) |
---|
807 | 807 | | [(f)]. |
---|
808 | 808 | | (m) The taxpayer liaison officer for the appraisal office |
---|
809 | 809 | | [district] shall report the contents of the communication [relating |
---|
810 | 810 | | to or] described by Subsection (l)(4) [(f)] to the pertinent state |
---|
811 | 811 | | senators and state representatives [local administrative district |
---|
812 | 812 | | judge]. |
---|
813 | 813 | | (n) [(j)] A chief appraiser or another employee or agent of |
---|
814 | 814 | | an appraisal office [district] commits an offense if the person |
---|
815 | 815 | | communicates with a member of the appraisal review board for the |
---|
816 | 816 | | appraisal office [district], the county assessor-collector who |
---|
817 | 817 | | governs [a member of the board of directors of] the appraisal office |
---|
818 | 818 | | [district], or a state senator or state representative whose |
---|
819 | 819 | | district contains any part of the territory included in the county |
---|
820 | 820 | | for which [, if] the appraisal office is established [district is an |
---|
821 | 821 | | appraisal district described by Subsection (d-1), the local |
---|
822 | 822 | | administrative district judge] regarding a ranking, scoring, or |
---|
823 | 823 | | reporting of the percentage by which the appraisal review board or a |
---|
824 | 824 | | panel of the board reduces the appraised value of property. |
---|
825 | 825 | | (o) [(k)] An offense under Subsection (l) or (n) [(i) or |
---|
826 | 826 | | (j)] is a Class A misdemeanor. |
---|
827 | 827 | | SECTION 23. Sections 6.411(a), (b), and (c-1), Tax Code, |
---|
828 | 828 | | are amended to read as follows: |
---|
829 | 829 | | (a) A member of an appraisal review board commits an offense |
---|
830 | 830 | | if the member communicates with the chief appraiser or another |
---|
831 | 831 | | employee or the county assessor-collector who governs [a member of |
---|
832 | 832 | | the board of directors of] the appraisal office [district] for |
---|
833 | 833 | | which the appraisal review board is established in violation of |
---|
834 | 834 | | Section 41.66(f). |
---|
835 | 835 | | (b) A chief appraiser or another employee of an appraisal |
---|
836 | 836 | | office [district], the county assessor-collector who governs [a |
---|
837 | 837 | | member of a board of directors of] an appraisal office [district], |
---|
838 | 838 | | or a property tax consultant or attorney representing a party to a |
---|
839 | 839 | | proceeding before the appraisal review board commits an offense if |
---|
840 | 840 | | the person communicates with a member of the appraisal review board |
---|
841 | 841 | | established for the appraisal office [district] with the intent to |
---|
842 | 842 | | influence a decision by the member in the member's capacity as a |
---|
843 | 843 | | member of the appraisal review board. |
---|
844 | 844 | | (c-1) This section does not apply to communications with a |
---|
845 | 845 | | member of an appraisal review board by the chief appraiser or |
---|
846 | 846 | | another employee or the county assessor-collector who governs [a |
---|
847 | 847 | | member of the board of directors of] an appraisal office [district] |
---|
848 | 848 | | or a property tax consultant or attorney representing a party to a |
---|
849 | 849 | | proceeding before the appraisal review board: |
---|
850 | 850 | | (1) during a hearing on a protest or other proceeding |
---|
851 | 851 | | before the appraisal review board; |
---|
852 | 852 | | (2) that constitute social conversation; |
---|
853 | 853 | | (3) that are specifically limited to and involve |
---|
854 | 854 | | administrative, clerical, or logistical matters related to the |
---|
855 | 855 | | scheduling and operation of hearings, the processing of documents, |
---|
856 | 856 | | the issuance of orders, notices, and subpoenas, and the operation, |
---|
857 | 857 | | appointment, composition, or attendance at training of the |
---|
858 | 858 | | appraisal review board; or |
---|
859 | 859 | | (4) that are necessary and appropriate to enable the |
---|
860 | 860 | | county assessor-collector who governs [board of directors of] the |
---|
861 | 861 | | appraisal office or the pertinent state senators and state |
---|
862 | 862 | | representatives [district] to determine whether to appoint, |
---|
863 | 863 | | reappoint, or remove a person as a member or the chairman or |
---|
864 | 864 | | secretary of the appraisal review board. |
---|
865 | 865 | | SECTION 24. Sections 6.412(a), (b), (c), and (d), Tax Code, |
---|
866 | 866 | | are amended to read as follows: |
---|
867 | 867 | | (a) An individual is ineligible to serve on an appraisal |
---|
868 | 868 | | review board if the individual: |
---|
869 | 869 | | (1) is related within the second degree by |
---|
870 | 870 | | consanguinity or affinity, as determined under Chapter 573, |
---|
871 | 871 | | Government Code, to an individual who is engaged in the business of |
---|
872 | 872 | | appraising property for compensation for use in proceedings under |
---|
873 | 873 | | this title or of representing property owners for compensation in |
---|
874 | 874 | | proceedings under this title in the appraisal office [district] for |
---|
875 | 875 | | which the appraisal review board is established; |
---|
876 | 876 | | (2) owns property on which delinquent taxes have been |
---|
877 | 877 | | owed to a taxing unit for more than 60 days after the date the |
---|
878 | 878 | | individual knew or should have known of the delinquency unless: |
---|
879 | 879 | | (A) the delinquent taxes and any penalties and |
---|
880 | 880 | | interest are being paid under an installment payment agreement |
---|
881 | 881 | | under Section 33.02; or |
---|
882 | 882 | | (B) a suit to collect the delinquent taxes is |
---|
883 | 883 | | deferred or abated under Section 33.06 or 33.065; or |
---|
884 | 884 | | (3) is related within the third degree by |
---|
885 | 885 | | consanguinity or within the second degree by affinity, as |
---|
886 | 886 | | determined under Chapter 573, Government Code, to the county |
---|
887 | 887 | | assessor-collector who governs [a member of] the appraisal office |
---|
888 | 888 | | [district's board of directors]. |
---|
889 | 889 | | (b) A member of an appraisal review board commits an offense |
---|
890 | 890 | | if the board member continues to hold office knowing that an |
---|
891 | 891 | | individual related within the second degree by consanguinity or |
---|
892 | 892 | | affinity, as determined under Chapter 573, Government Code, to the |
---|
893 | 893 | | board member is engaged in the business of appraising property for |
---|
894 | 894 | | compensation for use in proceedings under this title or of |
---|
895 | 895 | | representing property owners for compensation in proceedings under |
---|
896 | 896 | | this title in the appraisal office [district] for which the |
---|
897 | 897 | | appraisal review board is established. An offense under this |
---|
898 | 898 | | subsection is a Class B misdemeanor. |
---|
899 | 899 | | (c) A person is ineligible to serve on the appraisal review |
---|
900 | 900 | | board if the person is the county assessor-collector who governs |
---|
901 | 901 | | the appraisal office [a member of the board of directors], an |
---|
902 | 902 | | officer[,] or employee of the appraisal office [district], an |
---|
903 | 903 | | employee of the comptroller, or a member of the governing body, |
---|
904 | 904 | | officer, or employee of a taxing unit. |
---|
905 | 905 | | (d) A person is ineligible to serve on the appraisal review |
---|
906 | 906 | | board of an appraisal office [district] established for a county |
---|
907 | 907 | | having a population of more than 100,000 if the person: |
---|
908 | 908 | | (1) is a former county assessor-collector who governed |
---|
909 | 909 | | the appraisal office or a [member of the board of directors,] former |
---|
910 | 910 | | officer[,] or former employee of the appraisal office [district]; |
---|
911 | 911 | | (2) served as a member of the governing body or officer |
---|
912 | 912 | | of a taxing unit for which the appraisal office [district] |
---|
913 | 913 | | appraises property, until the fourth anniversary of the date the |
---|
914 | 914 | | person ceased to be a member or officer; or |
---|
915 | 915 | | (3) appeared before the appraisal review board for |
---|
916 | 916 | | compensation during the two-year period preceding the date the |
---|
917 | 917 | | person is appointed. |
---|
918 | 918 | | SECTION 25. Sections 6.413(a), (b), and (c), Tax Code, are |
---|
919 | 919 | | amended to read as follows: |
---|
920 | 920 | | (a) An individual is not eligible to be appointed to or to |
---|
921 | 921 | | serve on the appraisal review board established for an appraisal |
---|
922 | 922 | | office [district] if the individual or a business entity in which |
---|
923 | 923 | | the individual has a substantial interest is a party to a contract |
---|
924 | 924 | | with the appraisal office [district] or with a taxing unit that |
---|
925 | 925 | | participates in the appraisal office [district]. |
---|
926 | 926 | | (b) An appraisal office [district] may not enter into a |
---|
927 | 927 | | contract with a member of the appraisal review board established |
---|
928 | 928 | | for the appraisal office [district] or with a business entity in |
---|
929 | 929 | | which a member of the appraisal review board has a substantial |
---|
930 | 930 | | interest. |
---|
931 | 931 | | (c) A taxing unit may not enter into a contract with a member |
---|
932 | 932 | | of the appraisal review board established for an appraisal office |
---|
933 | 933 | | [district] in which the taxing unit participates or with a business |
---|
934 | 934 | | entity in which a member of the appraisal review board has a |
---|
935 | 935 | | substantial interest. |
---|
936 | 936 | | SECTION 26. Sections 6.414(a) and (f), Tax Code, are |
---|
937 | 937 | | amended to read as follows: |
---|
938 | 938 | | (a) The county assessor-collector who governs [board of |
---|
939 | 939 | | directors of] an appraisal office [district by resolution of a |
---|
940 | 940 | | majority of the members] may provide for a number of auxiliary |
---|
941 | 941 | | appraisal review board members that the county assessor-collector |
---|
942 | 942 | | [board] considers appropriate to hear taxpayer protests before the |
---|
943 | 943 | | appraisal review board and to assist the board in performing its |
---|
944 | 944 | | duties. |
---|
945 | 945 | | (f) An auxiliary board member is entitled to compensation as |
---|
946 | 946 | | provided by the appraisal office [district] budget and is not |
---|
947 | 947 | | entitled to a per diem or reimbursement of expenses under Section |
---|
948 | 948 | | 6.42(c). |
---|
949 | 949 | | SECTION 27. Sections 6.42(a) and (c), Tax Code, are amended |
---|
950 | 950 | | to read as follows: |
---|
951 | 951 | | (a) A majority of the appraisal review board constitutes a |
---|
952 | 952 | | quorum. The county assessor-collector who governs [board of |
---|
953 | 953 | | directors of] the appraisal office [district by resolution] shall |
---|
954 | 954 | | select a chairman and a secretary from among the members of the |
---|
955 | 955 | | appraisal review board. The county assessor-collector who governs |
---|
956 | 956 | | [board of directors of] the appraisal office [district] is |
---|
957 | 957 | | encouraged to select as chairman of the appraisal review board a |
---|
958 | 958 | | member of the appraisal review board, if any, who has a background |
---|
959 | 959 | | in law and property appraisal. |
---|
960 | 960 | | (c) Members of the board are entitled to per diem set by the |
---|
961 | 961 | | appraisal office [district] budget for each day the board meets and |
---|
962 | 962 | | to reimbursement for actual and necessary expenses incurred in the |
---|
963 | 963 | | performance of board functions as provided by the office [district] |
---|
964 | 964 | | budget. |
---|
965 | 965 | | SECTION 28. Sections 6.43(a), (b), (c), and (e), Tax Code, |
---|
966 | 966 | | are amended to read as follows: |
---|
967 | 967 | | (a) The appraisal review board may employ legal counsel as |
---|
968 | 968 | | provided by the appraisal office [district] budget or use the |
---|
969 | 969 | | services of the county attorney. |
---|
970 | 970 | | (b) Except as provided by Subsection (c), an attorney may |
---|
971 | 971 | | not serve as legal counsel for the appraisal review board if the |
---|
972 | 972 | | attorney or a member of the attorney's law firm has during the year |
---|
973 | 973 | | before the date of the appraisal review board's hiring of the |
---|
974 | 974 | | attorney represented a property owner who owns property in the |
---|
975 | 975 | | county for which the appraisal office is established [district], a |
---|
976 | 976 | | taxing unit that participates in the appraisal office [district], |
---|
977 | 977 | | or the appraisal office [district] in a matter addressed by Section |
---|
978 | 978 | | 1.111 or 25.25 of this code, Subtitle F of this title, or Subchapter |
---|
979 | 979 | | Z, Chapter 2003, Government Code. |
---|
980 | 980 | | (c) The county attorney for the county in which the |
---|
981 | 981 | | appraisal office [district] is established may provide legal |
---|
982 | 982 | | services to the appraisal review board notwithstanding that the |
---|
983 | 983 | | county attorney or an assistant to the county attorney represents |
---|
984 | 984 | | or has represented the appraisal office [district] or a taxing unit |
---|
985 | 985 | | that participates in the appraisal office [district] in any matter. |
---|
986 | 986 | | (e) An appraisal office [district] may specify in its budget |
---|
987 | 987 | | whether the appraisal review board may employ legal counsel or must |
---|
988 | 988 | | use the services of the county attorney. If the budget authorizes |
---|
989 | 989 | | the board to employ legal counsel, the budget must provide for |
---|
990 | 990 | | reasonable compensation to be paid to the attorney serving as legal |
---|
991 | 991 | | counsel. An appraisal office [district] may not require the board |
---|
992 | 992 | | to employ a specific attorney as legal counsel. |
---|
993 | 993 | | SECTION 29. Section 11.01, Tax Code, is amended to read as |
---|
994 | 994 | | follows: |
---|
995 | 995 | | Sec. 11.01. REAL [AND TANGIBLE PERSONAL] PROPERTY. (a) All |
---|
996 | 996 | | real [and tangible personal] property that this state has |
---|
997 | 997 | | jurisdiction to tax is taxable unless exempt by law. |
---|
998 | 998 | | (b) This state has jurisdiction to tax real property if |
---|
999 | 999 | | located in this state. |
---|
1000 | 1000 | | (c) For a tax year that begins after December 31, 2021, |
---|
1001 | 1001 | | tangible personal property is not taxable. |
---|
1002 | 1002 | | (d) On and after January 1, 2022, a provision of this code or |
---|
1003 | 1003 | | another law that would otherwise apply to the taxation of tangible |
---|
1004 | 1004 | | personal property for a tax year that begins after December 31, |
---|
1005 | 1005 | | 2021, has no effect for that tax year. |
---|
1006 | 1006 | | (e) Subsections (c) and (d) do not apply to personal |
---|
1007 | 1007 | | property taxable under Section 1(l), Article VIII, Texas |
---|
1008 | 1008 | | Constitution. [This state has jurisdiction to tax tangible personal |
---|
1009 | 1009 | | property if the property is: |
---|
1010 | 1010 | | [(1) located in this state for longer than a temporary |
---|
1011 | 1011 | | period; |
---|
1012 | 1012 | | [(2) temporarily located outside this state and the |
---|
1013 | 1013 | | owner resides in this state; or |
---|
1014 | 1014 | | [(3) used continually, whether regularly or |
---|
1015 | 1015 | | irregularly, in this state. |
---|
1016 | 1016 | | [(d) Tangible personal property that is operated or located |
---|
1017 | 1017 | | exclusively outside this state during the year preceding the tax |
---|
1018 | 1018 | | year and on January 1 of the tax year is not taxable in this state. |
---|
1019 | 1019 | | [(e) For purposes of Subsection (c)(3), property is |
---|
1020 | 1020 | | considered to be used continually, whether regularly or |
---|
1021 | 1021 | | irregularly, in this state if the property is used in this state |
---|
1022 | 1022 | | three or more times on regular routes or for three or more completed |
---|
1023 | 1023 | | assignments occurring in close succession throughout the year. For |
---|
1024 | 1024 | | purposes of this subsection, a series of events are considered to |
---|
1025 | 1025 | | occur in close succession throughout the year if they occur in |
---|
1026 | 1026 | | sequence within a short period at intervals from the beginning to |
---|
1027 | 1027 | | the end of the year.] |
---|
1028 | 1028 | | SECTION 30. Section 11.18(a), Tax Code, is amended to read |
---|
1029 | 1029 | | as follows: |
---|
1030 | 1030 | | (a) An organization that qualifies as a charitable |
---|
1031 | 1031 | | organization as provided by this section is entitled to an |
---|
1032 | 1032 | | exemption from taxation of: |
---|
1033 | 1033 | | (1) the buildings [and tangible personal property] |
---|
1034 | 1034 | | that: |
---|
1035 | 1035 | | (A) are owned by the charitable organization; and |
---|
1036 | 1036 | | (B) except as permitted by Subsection (b), are |
---|
1037 | 1037 | | used exclusively by qualified charitable organizations; and |
---|
1038 | 1038 | | (2) the real property owned by the charitable |
---|
1039 | 1039 | | organization consisting of: |
---|
1040 | 1040 | | (A) an incomplete improvement that: |
---|
1041 | 1041 | | (i) is under active construction or other |
---|
1042 | 1042 | | physical preparation; and |
---|
1043 | 1043 | | (ii) is designed and intended to be used |
---|
1044 | 1044 | | exclusively by qualified charitable organizations; and |
---|
1045 | 1045 | | (B) the land on which the incomplete improvement |
---|
1046 | 1046 | | is located that will be reasonably necessary for the use of the |
---|
1047 | 1047 | | improvement by qualified charitable organizations. |
---|
1048 | 1048 | | SECTION 31. Section 11.181(c), Tax Code, is amended to read |
---|
1049 | 1049 | | as follows: |
---|
1050 | 1050 | | (c) An organization entitled to an exemption under |
---|
1051 | 1051 | | Subsection (a) is also entitled to an exemption from taxation of any |
---|
1052 | 1052 | | building [or tangible personal property] the organization owns and |
---|
1053 | 1053 | | uses in the administration of its acquisition, building, repair, or |
---|
1054 | 1054 | | sale of property. To qualify for an exemption under this |
---|
1055 | 1055 | | subsection, property must be used exclusively by the charitable |
---|
1056 | 1056 | | organization, except that another individual or organization may |
---|
1057 | 1057 | | use the property for activities incidental to the charitable |
---|
1058 | 1058 | | organization's use that benefit the beneficiaries of the charitable |
---|
1059 | 1059 | | organization. |
---|
1060 | 1060 | | SECTION 32. Section 11.182(f), Tax Code, is amended to read |
---|
1061 | 1061 | | as follows: |
---|
1062 | 1062 | | (f) An organization entitled to an exemption under |
---|
1063 | 1063 | | Subsection (b) is also entitled to an exemption from taxation of any |
---|
1064 | 1064 | | building [or tangible personal property] the organization owns and |
---|
1065 | 1065 | | uses in the administration of its acquisition, building, repair, |
---|
1066 | 1066 | | sale, or rental of property. To qualify for an exemption under this |
---|
1067 | 1067 | | subsection, property must be used exclusively by the organization, |
---|
1068 | 1068 | | except that another person may use the property for activities |
---|
1069 | 1069 | | incidental to the organization's use that benefit the beneficiaries |
---|
1070 | 1070 | | of the organization. |
---|
1071 | 1071 | | SECTION 33. Section 11.1827(d), Tax Code, is amended to |
---|
1072 | 1072 | | read as follows: |
---|
1073 | 1073 | | (d) A community land trust entitled to an exemption from |
---|
1074 | 1074 | | taxation by a taxing unit under Subsection (b) is also entitled to |
---|
1075 | 1075 | | an exemption from taxation by the taxing unit of any real [or |
---|
1076 | 1076 | | tangible personal] property the trust owns and uses in the |
---|
1077 | 1077 | | administration of its acquisition, construction, repair, sale, or |
---|
1078 | 1078 | | leasing of property. To qualify for an exemption under this |
---|
1079 | 1079 | | subsection, property must be used exclusively by the trust, except |
---|
1080 | 1080 | | that another person may use the property for activities incidental |
---|
1081 | 1081 | | to the trust's use that benefit the beneficiaries of the trust. |
---|
1082 | 1082 | | SECTION 34. Section 11.184(c), Tax Code, is amended to read |
---|
1083 | 1083 | | as follows: |
---|
1084 | 1084 | | (c) A qualified charitable organization is entitled to an |
---|
1085 | 1085 | | exemption from taxation of: |
---|
1086 | 1086 | | (1) the buildings and other real property [and the |
---|
1087 | 1087 | | tangible personal property] that: |
---|
1088 | 1088 | | (A) are owned by the organization; and |
---|
1089 | 1089 | | (B) except as permitted by Subsection (d), are |
---|
1090 | 1090 | | used exclusively by the organization and other organizations |
---|
1091 | 1091 | | eligible for an exemption from taxation under this section or |
---|
1092 | 1092 | | Section 11.18; and |
---|
1093 | 1093 | | (2) the real property owned by the organization |
---|
1094 | 1094 | | consisting of: |
---|
1095 | 1095 | | (A) an incomplete improvement that: |
---|
1096 | 1096 | | (i) is under active construction or other |
---|
1097 | 1097 | | physical preparation; and |
---|
1098 | 1098 | | (ii) is designed and intended to be used |
---|
1099 | 1099 | | exclusively by the organization and other organizations eligible |
---|
1100 | 1100 | | for an exemption from taxation under this section or Section 11.18; |
---|
1101 | 1101 | | and |
---|
1102 | 1102 | | (B) the land on which the incomplete improvement |
---|
1103 | 1103 | | is located that will be reasonably necessary for the use of the |
---|
1104 | 1104 | | improvement by the organization and other organizations eligible |
---|
1105 | 1105 | | for an exemption from taxation under this section or Section 11.18. |
---|
1106 | 1106 | | SECTION 35. Section 11.185(c), Tax Code, is amended to read |
---|
1107 | 1107 | | as follows: |
---|
1108 | 1108 | | (c) An organization entitled to an exemption under |
---|
1109 | 1109 | | Subsection (a) is also entitled to an exemption from taxation of any |
---|
1110 | 1110 | | building [or tangible personal property] the organization owns and |
---|
1111 | 1111 | | uses in the administration of its acquisition, building, repair, or |
---|
1112 | 1112 | | sale of property. To qualify for an exemption under this |
---|
1113 | 1113 | | subsection, property must be used exclusively by the charitable |
---|
1114 | 1114 | | organization, except that another individual or organization may |
---|
1115 | 1115 | | use the property for activities incidental to the charitable |
---|
1116 | 1116 | | organization's use that benefit the beneficiaries of the charitable |
---|
1117 | 1117 | | organization. |
---|
1118 | 1118 | | SECTION 36. Sections 11.20(a), (d), (f), (g), (h), (j), and |
---|
1119 | 1119 | | (k), Tax Code, are amended to read as follows: |
---|
1120 | 1120 | | (a) An organization that qualifies as a religious |
---|
1121 | 1121 | | organization as provided by Subsection (c) is entitled to an |
---|
1122 | 1122 | | exemption from taxation of: |
---|
1123 | 1123 | | (1) the real property that is owned by the religious |
---|
1124 | 1124 | | organization, is used primarily as a place of regular religious |
---|
1125 | 1125 | | worship, and is reasonably necessary for engaging in religious |
---|
1126 | 1126 | | worship; |
---|
1127 | 1127 | | (2) [the tangible personal property that is owned by |
---|
1128 | 1128 | | the religious organization and is reasonably necessary for engaging |
---|
1129 | 1129 | | in worship at the place of worship specified in Subdivision (1); |
---|
1130 | 1130 | | [(3)] the real property that is owned by the religious |
---|
1131 | 1131 | | organization and is reasonably necessary for use as a residence |
---|
1132 | 1132 | | (but not more than one acre of land for each residence) if the |
---|
1133 | 1133 | | property: |
---|
1134 | 1134 | | (A) is used exclusively as a residence for those |
---|
1135 | 1135 | | individuals whose principal occupation is to serve in the clergy of |
---|
1136 | 1136 | | the religious organization; and |
---|
1137 | 1137 | | (B) produces no revenue for the religious |
---|
1138 | 1138 | | organization; |
---|
1139 | 1139 | | (3) [(4) the tangible personal property that is owned |
---|
1140 | 1140 | | by the religious organization and is reasonably necessary for use |
---|
1141 | 1141 | | of the residence specified by Subdivision (3); |
---|
1142 | 1142 | | [(5)] the real property owned by the religious |
---|
1143 | 1143 | | organization consisting of: |
---|
1144 | 1144 | | (A) an incomplete improvement that is under |
---|
1145 | 1145 | | active construction or other physical preparation and that is |
---|
1146 | 1146 | | designed and intended to be used by the religious organization as a |
---|
1147 | 1147 | | place of regular religious worship when complete; and |
---|
1148 | 1148 | | (B) the land on which the incomplete improvement |
---|
1149 | 1149 | | is located that will be reasonably necessary for the religious |
---|
1150 | 1150 | | organization's use of the improvement as a place of regular |
---|
1151 | 1151 | | religious worship; |
---|
1152 | 1152 | | (4) [(6)] the land that the religious organization |
---|
1153 | 1153 | | owns for the purpose of expansion of the religious organization's |
---|
1154 | 1154 | | place of regular religious worship or construction of a new place of |
---|
1155 | 1155 | | regular religious worship if: |
---|
1156 | 1156 | | (A) the religious organization qualifies other |
---|
1157 | 1157 | | property, including a portion of the same tract or parcel of land, |
---|
1158 | 1158 | | owned by the organization for an exemption under Subdivision (1) or |
---|
1159 | 1159 | | (3) [(5)]; and |
---|
1160 | 1160 | | (B) the land produces no revenue for the |
---|
1161 | 1161 | | religious organization; and |
---|
1162 | 1162 | | (5) [(7)] the real property owned by the religious |
---|
1163 | 1163 | | organization that is leased to another person and used by that |
---|
1164 | 1164 | | person for the operation of a school that qualifies as a school |
---|
1165 | 1165 | | under Section 11.21(d). |
---|
1166 | 1166 | | (d) Use of property that qualifies for the exemption |
---|
1167 | 1167 | | prescribed by Subsection (a)(1) [or (2)] or by Subsection (h)(1) |
---|
1168 | 1168 | | for occasional secular purposes other than religious worship does |
---|
1169 | 1169 | | not result in loss of the exemption if the primary use of the |
---|
1170 | 1170 | | property is for religious worship and all income from the other use |
---|
1171 | 1171 | | is devoted exclusively to the maintenance and development of the |
---|
1172 | 1172 | | property as a place of religious worship. |
---|
1173 | 1173 | | (f) A property may not be exempted under Subsection (a)(3) |
---|
1174 | 1174 | | [(a)(5)] for more than three years. |
---|
1175 | 1175 | | (g) For purposes of Subsection (a)(3) [(a)(5)], an |
---|
1176 | 1176 | | incomplete improvement is under physical preparation if the |
---|
1177 | 1177 | | religious organization has engaged in architectural or engineering |
---|
1178 | 1178 | | work, soil testing, land clearing activities, or site improvement |
---|
1179 | 1179 | | work necessary for the construction of the improvement or has |
---|
1180 | 1180 | | conducted an environmental or land use study relating to the |
---|
1181 | 1181 | | construction of the improvement. |
---|
1182 | 1182 | | (h) Property owned by this state or a political subdivision |
---|
1183 | 1183 | | of this state, including a leasehold or other possessory interest |
---|
1184 | 1184 | | in the property, that is held or occupied by an organization that |
---|
1185 | 1185 | | qualifies as a religious organization as provided by Subsection (c) |
---|
1186 | 1186 | | is entitled to an exemption from taxation if the property: |
---|
1187 | 1187 | | (1) is used by the organization primarily as a place of |
---|
1188 | 1188 | | regular religious worship and is reasonably necessary for engaging |
---|
1189 | 1189 | | in religious worship; or |
---|
1190 | 1190 | | (2) meets the qualifications for an exemption under |
---|
1191 | 1191 | | Subsection (a)(3) [(a)(5)]. |
---|
1192 | 1192 | | (j) A tract of land that is contiguous to the tract of land |
---|
1193 | 1193 | | on which the religious organization's place of regular religious |
---|
1194 | 1194 | | worship is located may not be exempted under Subsection (a)(4) |
---|
1195 | 1195 | | [(a)(6)] for more than six years. A tract of land that is not |
---|
1196 | 1196 | | contiguous to the tract of land on which the religious |
---|
1197 | 1197 | | organization's place of regular religious worship is located may |
---|
1198 | 1198 | | not be exempted under Subsection (a)(4) [(a)(6)] for more than |
---|
1199 | 1199 | | three years. For purposes of this subsection, a tract of land is |
---|
1200 | 1200 | | considered to be contiguous with another tract of land if the tracts |
---|
1201 | 1201 | | are divided only by a road, railroad track, river, or stream. |
---|
1202 | 1202 | | (k) For purposes of Subsection (a)(4) [(a)(6)], an |
---|
1203 | 1203 | | application or statement accompanying an application for the |
---|
1204 | 1204 | | exemption stating that the land is owned for the purposes described |
---|
1205 | 1205 | | by Subsection (a)(4) [(a)(6)] and signed by an authorized officer |
---|
1206 | 1206 | | of the organization is sufficient to establish that the land is |
---|
1207 | 1207 | | owned for those purposes. |
---|
1208 | 1208 | | SECTION 37. Sections 11.201(a) and (c), Tax Code, are |
---|
1209 | 1209 | | amended to read as follows: |
---|
1210 | 1210 | | (a) If land is sold or otherwise transferred to another |
---|
1211 | 1211 | | person in a year in which the land receives an exemption under |
---|
1212 | 1212 | | Section 11.20(a)(4) [11.20(a)(6)], an additional tax is imposed on |
---|
1213 | 1213 | | the land equal to the tax that would have been imposed on the land |
---|
1214 | 1214 | | had the land been taxed for each of the five years preceding the |
---|
1215 | 1215 | | year in which the sale or transfer occurs in which the land received |
---|
1216 | 1216 | | an exemption under that subsection, plus interest at an annual rate |
---|
1217 | 1217 | | of seven percent calculated from the dates on which the taxes would |
---|
1218 | 1218 | | have become due. |
---|
1219 | 1219 | | (c) If only part of a parcel of land that is exempted under |
---|
1220 | 1220 | | Section 11.20(a)(4) [11.20(a)(6)] is sold or transferred, the tax |
---|
1221 | 1221 | | applies only to that part of the parcel and equals the taxes that |
---|
1222 | 1222 | | would have been imposed had that part been taxed. |
---|
1223 | 1223 | | SECTION 38. Sections 11.21(a), (b), and (f), Tax Code, are |
---|
1224 | 1224 | | amended to read as follows: |
---|
1225 | 1225 | | (a) A person is entitled to an exemption from taxation of: |
---|
1226 | 1226 | | (1) the buildings [and tangible personal property] |
---|
1227 | 1227 | | that the person owns and that are used for a school that is |
---|
1228 | 1228 | | qualified as provided by Subsection (d) if: |
---|
1229 | 1229 | | (A) the school is operated exclusively by the |
---|
1230 | 1230 | | person owning the property; |
---|
1231 | 1231 | | (B) except as permitted by Subsection (b), the |
---|
1232 | 1232 | | buildings [and tangible personal property] are used exclusively for |
---|
1233 | 1233 | | educational functions; and |
---|
1234 | 1234 | | (C) the buildings [and tangible personal |
---|
1235 | 1235 | | property] are reasonably necessary for the operation of the school; |
---|
1236 | 1236 | | and |
---|
1237 | 1237 | | (2) the real property owned by the person consisting |
---|
1238 | 1238 | | of: |
---|
1239 | 1239 | | (A) an incomplete improvement that: |
---|
1240 | 1240 | | (i) is under active construction or other |
---|
1241 | 1241 | | physical preparation; and |
---|
1242 | 1242 | | (ii) is designed and intended to be used for |
---|
1243 | 1243 | | a school that is qualified as provided by Subsection (d); and |
---|
1244 | 1244 | | (B) the land on which the incomplete improvement |
---|
1245 | 1245 | | is located that will be reasonably necessary for the use of the |
---|
1246 | 1246 | | improvement for a school that is qualified as provided by |
---|
1247 | 1247 | | Subsection (d). |
---|
1248 | 1248 | | (b) Use of exempt [tangible] property for functions other |
---|
1249 | 1249 | | than educational functions does not result in loss of an exemption |
---|
1250 | 1250 | | authorized by this section if those other functions are incidental |
---|
1251 | 1251 | | to use of the property for educational functions and benefit the |
---|
1252 | 1252 | | students or faculty of the school. |
---|
1253 | 1253 | | (f) Notwithstanding Subsection (a), a person is entitled to |
---|
1254 | 1254 | | an exemption from taxation of the buildings [and tangible personal |
---|
1255 | 1255 | | property] the person acquires for use for a school that meets each |
---|
1256 | 1256 | | requirement of Subsection (d) if: |
---|
1257 | 1257 | | (1) the person authorizes the former owner to continue |
---|
1258 | 1258 | | to use the property pending the use of the property for a school; |
---|
1259 | 1259 | | and |
---|
1260 | 1260 | | (2) the former owner would be entitled to an exemption |
---|
1261 | 1261 | | from taxation of the property if the former owner continued to own |
---|
1262 | 1262 | | the property. |
---|
1263 | 1263 | | SECTION 39. Section 11.23(m), Tax Code, is amended to read |
---|
1264 | 1264 | | as follows: |
---|
1265 | 1265 | | (m) National Hispanic Institute. The National Hispanic |
---|
1266 | 1266 | | Institute is entitled to an exemption from taxation of the real [and |
---|
1267 | 1267 | | tangible personal] property it owns as long as the organization is |
---|
1268 | 1268 | | exempt from federal income taxation under Section 501(a), Internal |
---|
1269 | 1269 | | Revenue Code of 1986, as an organization described by Section |
---|
1270 | 1270 | | 501(c)(3) of that code. |
---|
1271 | 1271 | | SECTION 40. Section 11.231(b), Tax Code, is amended to read |
---|
1272 | 1272 | | as follows: |
---|
1273 | 1273 | | (b) An association that qualifies as a nonprofit community |
---|
1274 | 1274 | | business organization as provided by this section is entitled to an |
---|
1275 | 1275 | | exemption from taxation of: |
---|
1276 | 1276 | | (1) the buildings [and tangible personal property] |
---|
1277 | 1277 | | that: |
---|
1278 | 1278 | | (A) are owned by the nonprofit community business |
---|
1279 | 1279 | | organization; and |
---|
1280 | 1280 | | (B) except as permitted by Subsection (c), are |
---|
1281 | 1281 | | used exclusively by qualified nonprofit community business |
---|
1282 | 1282 | | organizations to perform their primary functions; and |
---|
1283 | 1283 | | (2) the real property owned by the nonprofit community |
---|
1284 | 1284 | | business organization consisting of: |
---|
1285 | 1285 | | (A) an incomplete improvement that: |
---|
1286 | 1286 | | (i) is under active construction or other |
---|
1287 | 1287 | | physical preparation; and |
---|
1288 | 1288 | | (ii) is designed and intended to be used |
---|
1289 | 1289 | | exclusively by qualified nonprofit community business |
---|
1290 | 1290 | | organizations; and |
---|
1291 | 1291 | | (B) the land on which the incomplete improvement |
---|
1292 | 1292 | | is located that will be reasonably necessary for the use of the |
---|
1293 | 1293 | | improvement by qualified nonprofit community business |
---|
1294 | 1294 | | organizations. |
---|
1295 | 1295 | | SECTION 41. Sections 11.43(a), (b), (c), and (e), Tax Code, |
---|
1296 | 1296 | | are amended to read as follows: |
---|
1297 | 1297 | | (a) To receive an exemption, a person claiming the |
---|
1298 | 1298 | | exemption, other than an exemption authorized by Section 11.11, |
---|
1299 | 1299 | | 11.12, or [11.14, 11.145,] 11.146[, 11.15, 11.16, 11.161, or 11.25 |
---|
1300 | 1300 | | of this code], must apply for the exemption. To apply for an |
---|
1301 | 1301 | | exemption, a person must file an exemption application form with |
---|
1302 | 1302 | | the chief appraiser for the [each] appraisal office established for |
---|
1303 | 1303 | | each county [district] in which the property subject to the claimed |
---|
1304 | 1304 | | exemption has situs. |
---|
1305 | 1305 | | (b) Except as provided by Subsection (c) and by Section |
---|
1306 | 1306 | | [Sections] 11.184 [and 11.437], a person required to apply for an |
---|
1307 | 1307 | | exemption must apply each year the person claims entitlement to the |
---|
1308 | 1308 | | exemption. |
---|
1309 | 1309 | | (c) An exemption provided by Section 11.13, 11.131, 11.132, |
---|
1310 | 1310 | | 11.133, 11.134, 11.17, 11.18, 11.182, 11.1827, 11.183, 11.19, |
---|
1311 | 1311 | | 11.20, 11.21, 11.22, 11.23(a), (h), (j), (j-1), or (m), 11.231, |
---|
1312 | 1312 | | [11.254,] 11.27, [11.271,] 11.29, 11.30, or 11.31, [or 11.315,] |
---|
1313 | 1313 | | once allowed, need not be claimed in subsequent years, and except as |
---|
1314 | 1314 | | otherwise provided by Subsection (e), the exemption applies to the |
---|
1315 | 1315 | | property until it changes ownership or the person's qualification |
---|
1316 | 1316 | | for the exemption changes. However, except as provided by |
---|
1317 | 1317 | | Subsection (r), the chief appraiser may require a person allowed |
---|
1318 | 1318 | | one of the exemptions in a prior year to file a new application to |
---|
1319 | 1319 | | confirm the person's current qualification for the exemption by |
---|
1320 | 1320 | | delivering a written notice that a new application is required, |
---|
1321 | 1321 | | accompanied by an appropriate application form, to the person |
---|
1322 | 1322 | | previously allowed the exemption. If the person previously allowed |
---|
1323 | 1323 | | the exemption is 65 years of age or older, the chief appraiser may |
---|
1324 | 1324 | | not cancel the exemption due to the person's failure to file the new |
---|
1325 | 1325 | | application unless the chief appraiser complies with the |
---|
1326 | 1326 | | requirements of Subsection (q), if applicable. |
---|
1327 | 1327 | | (e) Except as provided by Section 11.422, 11.431, 11.433, |
---|
1328 | 1328 | | 11.434, 11.435, or 11.439, [or 11.4391,] if a person required to |
---|
1329 | 1329 | | apply for an exemption in a given year fails to file timely a |
---|
1330 | 1330 | | completed application form, the person may not receive the |
---|
1331 | 1331 | | exemption for that year. |
---|
1332 | 1332 | | SECTION 42. Section 21.06(a), Tax Code, is amended to read |
---|
1333 | 1333 | | as follows: |
---|
1334 | 1334 | | (a) Except as provided by Section 21.08 [Sections 21.07 |
---|
1335 | 1335 | | through 21.09 of this code], intangible property is taxable by a |
---|
1336 | 1336 | | taxing unit if the owner of the property resides in the unit on |
---|
1337 | 1337 | | January 1, unless the property normally is used in this state for |
---|
1338 | 1338 | | business purposes outside the unit. In that event, the intangible |
---|
1339 | 1339 | | property is taxable by each taxing unit in which the property |
---|
1340 | 1340 | | normally is used for business purposes. |
---|
1341 | 1341 | | SECTION 43. Sections 22.01(a), (b), (c), (c-2), (f), and |
---|
1342 | 1342 | | (g), Tax Code, are amended to read as follows: |
---|
1343 | 1343 | | (a) [Except as provided by Chapter 24, a person shall render |
---|
1344 | 1344 | | for taxation all tangible personal property used for the production |
---|
1345 | 1345 | | of income that the person owns or that the person manages and |
---|
1346 | 1346 | | controls as a fiduciary on January 1.] A rendition statement shall |
---|
1347 | 1347 | | contain: |
---|
1348 | 1348 | | (1) the name and address of the property owner; |
---|
1349 | 1349 | | (2) a description of the property by type or category; |
---|
1350 | 1350 | | (3) [if the property is inventory, a description of |
---|
1351 | 1351 | | each type of inventory and a general estimate of the quantity of |
---|
1352 | 1352 | | each type of inventory; |
---|
1353 | 1353 | | [(4)] the physical location or taxable situs of the |
---|
1354 | 1354 | | property; and |
---|
1355 | 1355 | | (4) [(5)] the property owner's good faith estimate of |
---|
1356 | 1356 | | the market value of the property or, at the option of the property |
---|
1357 | 1357 | | owner, the historical cost when new and the year of acquisition of |
---|
1358 | 1358 | | the property. |
---|
1359 | 1359 | | (b) When required by the chief appraiser, a person shall |
---|
1360 | 1360 | | render for taxation any [other] taxable property that the person |
---|
1361 | 1361 | | [he] owns or that the person [he] manages and controls as a |
---|
1362 | 1362 | | fiduciary on January 1. |
---|
1363 | 1363 | | (c) A person may render for taxation any property that the |
---|
1364 | 1364 | | person [he] owns or that the person [he] manages and controls as a |
---|
1365 | 1365 | | fiduciary on January 1, although the person [he] is not required to |
---|
1366 | 1366 | | render it by Subsection [(a) or] (b) [of this section]. |
---|
1367 | 1367 | | (c-2) With the consent of the property owner, a secured |
---|
1368 | 1368 | | party may render for taxation any property of the property owner in |
---|
1369 | 1369 | | which the secured party has a security interest on January 1, |
---|
1370 | 1370 | | although the secured party is not required to render the property by |
---|
1371 | 1371 | | Subsection [(a) or] (b). This subsection applies only to property |
---|
1372 | 1372 | | that has a historical cost when new of more than $50,000. |
---|
1373 | 1373 | | (f) Notwithstanding Subsection [Subsections] (a) [and (b)], |
---|
1374 | 1374 | | a rendition statement of a person who owns [tangible personal] |
---|
1375 | 1375 | | property [used for the production of income] located in the county |
---|
1376 | 1376 | | for which the appraisal office is established [district] that, in |
---|
1377 | 1377 | | the owner's opinion, has an aggregate value of less than $20,000 is |
---|
1378 | 1378 | | required to contain only: |
---|
1379 | 1379 | | (1) the name and address of the property owner; |
---|
1380 | 1380 | | (2) a general description of the property by type or |
---|
1381 | 1381 | | category; and |
---|
1382 | 1382 | | (3) the physical location or taxable situs of the |
---|
1383 | 1383 | | property. |
---|
1384 | 1384 | | (g) A person's good faith estimate of the market value of |
---|
1385 | 1385 | | the property under Subsection (a)(4) [(a)(5)] is solely for the |
---|
1386 | 1386 | | purpose of compliance with any [the] requirement to render |
---|
1387 | 1387 | | [tangible personal] property and is inadmissible in any subsequent |
---|
1388 | 1388 | | protest, hearing, appeal, suit, or other proceeding under this |
---|
1389 | 1389 | | title involving the property, except for: |
---|
1390 | 1390 | | (1) a proceeding to determine whether the person |
---|
1391 | 1391 | | complied with this section; |
---|
1392 | 1392 | | (2) a proceeding under Section 22.29(b); or |
---|
1393 | 1393 | | (3) a protest under Section 41.41. |
---|
1394 | 1394 | | SECTION 44. Section 22.02, Tax Code, is amended to read as |
---|
1395 | 1395 | | follows: |
---|
1396 | 1396 | | Sec. 22.02. RENDITION OF PROPERTY LOSING EXEMPTION DURING |
---|
1397 | 1397 | | TAX YEAR [OR FOR WHICH EXEMPTION APPLICATION IS DENIED]. [(a)] If |
---|
1398 | 1398 | | an exemption applicable to a property on January 1 terminates |
---|
1399 | 1399 | | during the tax year, the person who owns or acquires the property on |
---|
1400 | 1400 | | the date applicability of the exemption terminates shall render the |
---|
1401 | 1401 | | property for taxation within 30 days after the date of termination. |
---|
1402 | 1402 | | [(b) If the chief appraiser denies an application for an |
---|
1403 | 1403 | | exemption for property described by Section 22.01(a), the person |
---|
1404 | 1404 | | who owns the property on the date the application is denied shall |
---|
1405 | 1405 | | render the property for taxation in the manner provided by Section |
---|
1406 | 1406 | | 22.01 within 30 days after the date of denial.] |
---|
1407 | 1407 | | SECTION 45. Section 22.05, Tax Code, is amended to read as |
---|
1408 | 1408 | | follows: |
---|
1409 | 1409 | | Sec. 22.05. RENDITION BY RAILROAD. (a) A [In addition to |
---|
1410 | 1410 | | other reports required by Chapter 24 of this code, a] railroad |
---|
1411 | 1411 | | corporation shall render the real property the railroad corporation |
---|
1412 | 1412 | | owns or possesses as of January 1. |
---|
1413 | 1413 | | (b) The rendition shall: |
---|
1414 | 1414 | | (1) list all real property other than the property |
---|
1415 | 1415 | | covered by Subdivision (2) [of this subsection]; and |
---|
1416 | 1416 | | (2) list the number of miles of railroad together with |
---|
1417 | 1417 | | the market value per mile, which value shall include right-of-way, |
---|
1418 | 1418 | | roadbed, superstructure, and all buildings and improvements used in |
---|
1419 | 1419 | | the operation of the railroad[; and |
---|
1420 | 1420 | | [(3) list all personal property as required by Section |
---|
1421 | 1421 | | 22.01 of this code]. |
---|
1422 | 1422 | | SECTION 46. The heading to Section 22.07, Tax Code, is |
---|
1423 | 1423 | | amended to read as follows: |
---|
1424 | 1424 | | Sec. 22.07. STATEMENT INDICATING HOW VALUE RENDERED |
---|
1425 | 1425 | | [INSPECTION OF PROPERTY]. |
---|
1426 | 1426 | | SECTION 47. Section 22.07, Tax Code, is amended by amending |
---|
1427 | 1427 | | Subsection (c) and adding Subsection (c-1) to read as follows: |
---|
1428 | 1428 | | (c) The chief appraiser may request, either in writing or by |
---|
1429 | 1429 | | electronic means, that the property owner provide a statement |
---|
1430 | 1430 | | containing supporting information indicating how the value |
---|
1431 | 1431 | | rendered under Section 22.01(a)(4) [22.01(a)(5)] was determined. |
---|
1432 | 1432 | | The statement must: |
---|
1433 | 1433 | | (1) summarize information sufficient to identify the |
---|
1434 | 1434 | | property, including: |
---|
1435 | 1435 | | (A) the physical and economic characteristics |
---|
1436 | 1436 | | relevant to the opinion of value, if appropriate; and |
---|
1437 | 1437 | | (B) the source of the information used; |
---|
1438 | 1438 | | (2) state the effective date of the opinion of value; |
---|
1439 | 1439 | | and |
---|
1440 | 1440 | | (3) explain the basis of the value rendered. |
---|
1441 | 1441 | | (c-1) If the property owner is a business with 50 employees |
---|
1442 | 1442 | | or less, the property owner may base the estimate of value on the |
---|
1443 | 1443 | | depreciation schedules used for federal income tax purposes. |
---|
1444 | 1444 | | SECTION 48. Section 23.01(f), Tax Code, is amended to read |
---|
1445 | 1445 | | as follows: |
---|
1446 | 1446 | | (f) The selection of comparable properties and the |
---|
1447 | 1447 | | application of appropriate adjustments for the determination of an |
---|
1448 | 1448 | | appraised value of property by any person under Section 41.43(b) |
---|
1449 | 1449 | | [41.43(b)(3)] or 42.26(a) [42.26(a)(3)] must be based on the |
---|
1450 | 1450 | | application of generally accepted appraisal methods and |
---|
1451 | 1451 | | techniques. Adjustments must be based on recognized methods and |
---|
1452 | 1452 | | techniques that are necessary to produce a credible opinion. |
---|
1453 | 1453 | | SECTION 49. Section 23.0101, Tax Code, is amended to read as |
---|
1454 | 1454 | | follows: |
---|
1455 | 1455 | | Sec. 23.0101. CONSIDERATION OF ALTERNATE APPRAISAL |
---|
1456 | 1456 | | METHODS. (a) Except as provided by Subsections (b) and (c), in |
---|
1457 | 1457 | | [In] determining the market value of property, the chief appraiser |
---|
1458 | 1458 | | shall consider the cost, income, and market data comparison methods |
---|
1459 | 1459 | | of appraisal and use the most appropriate method. |
---|
1460 | 1460 | | (b) In determining the market value of residential real |
---|
1461 | 1461 | | property consisting of a single-family home, duplex, triplex, or |
---|
1462 | 1462 | | quadraplex constructed by or on behalf of the owner, the chief |
---|
1463 | 1463 | | appraiser shall use the cost method of appraisal. |
---|
1464 | 1464 | | (c) Except as otherwise provided by this title, in |
---|
1465 | 1465 | | determining the market value of real property other than a |
---|
1466 | 1466 | | single-family home, duplex, triplex, quadraplex, or tract of |
---|
1467 | 1467 | | unimproved land, the chief appraiser shall use the income method of |
---|
1468 | 1468 | | appraisal. |
---|
1469 | 1469 | | SECTION 50. Section 23.014, Tax Code, is amended to read as |
---|
1470 | 1470 | | follows: |
---|
1471 | 1471 | | Sec. 23.014. EXCLUSION OF PROPERTY AS REAL PROPERTY. In |
---|
1472 | 1472 | | [Except as provided by Section 23.24(b), in] determining the market |
---|
1473 | 1473 | | value of real property, the chief appraiser shall analyze the |
---|
1474 | 1474 | | effect on that value of, and exclude from that value the value of, |
---|
1475 | 1475 | | any: |
---|
1476 | 1476 | | (1) tangible personal property, including trade |
---|
1477 | 1477 | | fixtures; |
---|
1478 | 1478 | | (2) intangible personal property; or |
---|
1479 | 1479 | | (3) other property that is not subject to appraisal as |
---|
1480 | 1480 | | real property. |
---|
1481 | 1481 | | SECTION 51. Section 23.02, Tax Code, is amended to read as |
---|
1482 | 1482 | | follows: |
---|
1483 | 1483 | | Sec. 23.02. REAPPRAISAL OF PROPERTY DAMAGED IN DISASTER |
---|
1484 | 1484 | | AREA. (a) The chief appraiser of an appraisal office that |
---|
1485 | 1485 | | appraises property for [governing body of] a taxing unit that is |
---|
1486 | 1486 | | located partly or entirely inside an area declared to be a disaster |
---|
1487 | 1487 | | area by the governor shall reappraise [may authorize reappraisal |
---|
1488 | 1488 | | of] all property damaged in the disaster at its market value |
---|
1489 | 1489 | | immediately after the disaster. |
---|
1490 | 1490 | | (b) The chief appraiser [If a taxing unit authorizes a |
---|
1491 | 1491 | | reappraisal pursuant to this section, the appraisal office] shall |
---|
1492 | 1492 | | complete the reappraisal as soon as practicable. The chief |
---|
1493 | 1493 | | appraiser [appraisal office] shall include on the appraisal |
---|
1494 | 1494 | | records, in addition to other information required or authorized by |
---|
1495 | 1495 | | law: |
---|
1496 | 1496 | | (1) the date of the disaster; and |
---|
1497 | 1497 | | (2) the appraised value of the property after the |
---|
1498 | 1498 | | disaster[; and |
---|
1499 | 1499 | | [(3) if the reappraisal is not authorized by all |
---|
1500 | 1500 | | taxing units in which the property is located, an indication of the |
---|
1501 | 1501 | | taxing units to which the reappraisal applies]. |
---|
1502 | 1502 | | (c) A taxing unit for which property is reappraised [that |
---|
1503 | 1503 | | authorizes a reappraisal] under this section must pay the appraisal |
---|
1504 | 1504 | | office [district] all the costs of making the reappraisal. If |
---|
1505 | 1505 | | property in the same territory is reappraised for two or more taxing |
---|
1506 | 1506 | | units [provide for the reappraisal in the same territory], each |
---|
1507 | 1507 | | taxing unit shall share the costs of the reappraisal in that |
---|
1508 | 1508 | | territory in the proportion the total dollar amount of taxes each |
---|
1509 | 1509 | | taxing unit imposed in that territory in the preceding year bears to |
---|
1510 | 1510 | | the total dollar amount of taxes all taxing units [providing for |
---|
1511 | 1511 | | reappraisal of that territory] imposed in that territory in the |
---|
1512 | 1512 | | preceding year. |
---|
1513 | 1513 | | (d) If property damaged in a disaster is reappraised for a |
---|
1514 | 1514 | | taxing unit as provided by this section, the governing body of the |
---|
1515 | 1515 | | taxing unit shall provide for prorating the taxes on the property |
---|
1516 | 1516 | | for the year in which the disaster occurred. The [If the taxes are] |
---|
1517 | 1517 | | prorated[,] taxes due on the property are determined as follows: |
---|
1518 | 1518 | | the taxes on the property based on its value on January 1 of that |
---|
1519 | 1519 | | year are multiplied by a fraction, the denominator of which is 365 |
---|
1520 | 1520 | | and the numerator of which is the number of days before the date the |
---|
1521 | 1521 | | disaster occurred; the taxes on the property based on its |
---|
1522 | 1522 | | reappraised value are multiplied by a fraction, the denominator of |
---|
1523 | 1523 | | which is 365 and the numerator of which is the number of days, |
---|
1524 | 1524 | | including the date the disaster occurred, remaining in the year; |
---|
1525 | 1525 | | and the total of the two amounts is the amount of taxes on the |
---|
1526 | 1526 | | property for the year. |
---|
1527 | 1527 | | SECTION 52. Sections 23.12(a) and (f), Tax Code, are |
---|
1528 | 1528 | | amended to read as follows: |
---|
1529 | 1529 | | (a) The [Except as provided by Sections 23.121, 23.1241, |
---|
1530 | 1530 | | 23.124, and 23.127, the] market value of a real property [an] |
---|
1531 | 1531 | | inventory is the price for which it would sell as a unit to a |
---|
1532 | 1532 | | purchaser who would continue the business. A real property [An] |
---|
1533 | 1533 | | inventory includes [shall include] residential real property which |
---|
1534 | 1534 | | has never been occupied as a residence and is held for sale in the |
---|
1535 | 1535 | | ordinary course of a trade or business, provided that the |
---|
1536 | 1536 | | residential real property remains unoccupied, is not leased or |
---|
1537 | 1537 | | rented, and produces no income. |
---|
1538 | 1538 | | (f) The owner of an inventory [other than a dealer's motor |
---|
1539 | 1539 | | vehicle inventory as that term is defined by Section 23.121, a |
---|
1540 | 1540 | | dealer's heavy equipment inventory as that term is defined by |
---|
1541 | 1541 | | Section 23.1241, or a dealer's vessel and outboard motor inventory |
---|
1542 | 1542 | | as that term is defined by Section 23.124, or a retail manufactured |
---|
1543 | 1543 | | housing inventory as that term is defined by Section 23.127] may |
---|
1544 | 1544 | | elect to have the inventory appraised at its market value as of |
---|
1545 | 1545 | | September 1 of the year preceding the tax year to which the |
---|
1546 | 1546 | | appraisal applies by filing an application with the chief appraiser |
---|
1547 | 1547 | | requesting that the inventory be appraised as of September 1. The |
---|
1548 | 1548 | | application must clearly describe the inventory to which it applies |
---|
1549 | 1549 | | and be signed by the owner of the inventory. The application |
---|
1550 | 1550 | | applies to the appraisal of the inventory in each tax year that |
---|
1551 | 1551 | | begins after the next August 1 following the date the application is |
---|
1552 | 1552 | | filed with the chief appraiser unless the owner of the inventory by |
---|
1553 | 1553 | | written notice filed with the chief appraiser revokes the |
---|
1554 | 1554 | | application or the ownership of the inventory changes. A notice |
---|
1555 | 1555 | | revoking the application is effective for each tax year that begins |
---|
1556 | 1556 | | after the next September following the date the notice of |
---|
1557 | 1557 | | revocation is filed with the chief appraiser. |
---|
1558 | 1558 | | SECTION 53. Section 23.23(a), Tax Code, is amended to read |
---|
1559 | 1559 | | as follows: |
---|
1560 | 1560 | | (a) Regardless [Notwithstanding the requirements of Section |
---|
1561 | 1561 | | 25.18 and regardless] of whether the appraisal office has appraised |
---|
1562 | 1562 | | the property and determined the market value of the property for the |
---|
1563 | 1563 | | tax year, an appraisal office may increase the appraised value of a |
---|
1564 | 1564 | | residence homestead for a tax year to an amount not to exceed the |
---|
1565 | 1565 | | lesser of: |
---|
1566 | 1566 | | (1) the market value of the property for the most |
---|
1567 | 1567 | | recent tax year that the market value was determined by the |
---|
1568 | 1568 | | appraisal office; or |
---|
1569 | 1569 | | (2) the sum of: |
---|
1570 | 1570 | | (A) 10 percent of the appraised value of the |
---|
1571 | 1571 | | property for the preceding tax year; |
---|
1572 | 1572 | | (B) the appraised value of the property for the |
---|
1573 | 1573 | | preceding tax year; and |
---|
1574 | 1574 | | (C) the market value of all new improvements to |
---|
1575 | 1575 | | the property. |
---|
1576 | 1576 | | SECTION 54. Subchapter B, Chapter 23, Tax Code, is amended |
---|
1577 | 1577 | | by adding Section 23.231 to read as follows: |
---|
1578 | 1578 | | Sec. 23.231. LIMITATION ON APPRAISED VALUE OF CERTAIN REAL |
---|
1579 | 1579 | | PROPERTY. (a) This section applies only to residential real |
---|
1580 | 1580 | | property consisting of a single-family home, duplex, triplex, or |
---|
1581 | 1581 | | quadraplex or to a tract of unimproved land that the owner acquired |
---|
1582 | 1582 | | as a bona fide purchaser for value. |
---|
1583 | 1583 | | (b) This section applies to property only if the owner |
---|
1584 | 1584 | | discloses the purchase price the owner paid for the property to the |
---|
1585 | 1585 | | appraisal office. |
---|
1586 | 1586 | | (c) This section does not apply to property if: |
---|
1587 | 1587 | | (1) the purchase of the property was made: |
---|
1588 | 1588 | | (A) pursuant to a court order; |
---|
1589 | 1589 | | (B) from a trustee in bankruptcy; |
---|
1590 | 1590 | | (C) by one co-owner from one or more other |
---|
1591 | 1591 | | co-owners; |
---|
1592 | 1592 | | (D) from a spouse or a person or persons within |
---|
1593 | 1593 | | the first or second degree of lineal consanguinity of one or more of |
---|
1594 | 1594 | | the purchasers; or |
---|
1595 | 1595 | | (E) from a governmental entity; or |
---|
1596 | 1596 | | (2) the chief appraiser determines that the owner of |
---|
1597 | 1597 | | the property was not a bona fide purchaser for value under criteria |
---|
1598 | 1598 | | established by rules adopted by the comptroller for that purpose. |
---|
1599 | 1599 | | (d) Regardless of whether the appraisal office has |
---|
1600 | 1600 | | appraised the property and determined the market value of the |
---|
1601 | 1601 | | property for the tax year, the appraised value of property for a tax |
---|
1602 | 1602 | | year may not exceed the lesser of: |
---|
1603 | 1603 | | (1) the market value of the property; or |
---|
1604 | 1604 | | (2) the sum of: |
---|
1605 | 1605 | | (A) the purchase price paid by the property owner |
---|
1606 | 1606 | | for the property; and |
---|
1607 | 1607 | | (B) the market value of each new improvement to |
---|
1608 | 1608 | | the property as of January 1 of the first tax year in which the |
---|
1609 | 1609 | | improvement was added to the appraisal roll. |
---|
1610 | 1610 | | (e) When appraising property, the chief appraiser shall: |
---|
1611 | 1611 | | (1) appraise the property at its market value; and |
---|
1612 | 1612 | | (2) include in the appraisal records both the market |
---|
1613 | 1613 | | value of the property and the amount computed under Subsection |
---|
1614 | 1614 | | (d)(2). |
---|
1615 | 1615 | | (f) The limitation provided by Subsection (a) takes effect |
---|
1616 | 1616 | | as to property on January 1 of the first tax year the owner |
---|
1617 | 1617 | | qualifies the property for a limitation under this section. The |
---|
1618 | 1618 | | limitation expires on January 1 of the first tax year that neither |
---|
1619 | 1619 | | the owner of the property when the limitation took effect nor the |
---|
1620 | 1620 | | owner's spouse or surviving spouse qualifies for the limitation. |
---|
1621 | 1621 | | (g) This section does not apply to property appraised under |
---|
1622 | 1622 | | Subchapter C, D, E, F, or G. |
---|
1623 | 1623 | | (h) To receive a limitation on appraised value under this |
---|
1624 | 1624 | | section, the owner of the property must apply for the limitation. |
---|
1625 | 1625 | | To apply for the limitation, the owner must file an application with |
---|
1626 | 1626 | | the chief appraiser for each appraisal office in which the property |
---|
1627 | 1627 | | subject to the claimed limitation has situs. The application must |
---|
1628 | 1628 | | be filed not later than May 1 of the year after the year in which the |
---|
1629 | 1629 | | owner acquired the property. The comptroller by rule shall |
---|
1630 | 1630 | | prescribe the form for the application to ensure that the applicant |
---|
1631 | 1631 | | furnishes the information necessary to determine the applicant's |
---|
1632 | 1632 | | eligibility for the limitation, including the price for which the |
---|
1633 | 1633 | | applicant acquired the property. |
---|
1634 | 1634 | | (i) In this section, "new improvement" means an improvement |
---|
1635 | 1635 | | to property made since the owner acquired the property that |
---|
1636 | 1636 | | increases the market value of the property. The term does not |
---|
1637 | 1637 | | include repairs to or ordinary maintenance of an existing structure |
---|
1638 | 1638 | | or the grounds or another feature of the property. |
---|
1639 | 1639 | | (j) Notwithstanding Subsections (d) and (i) and except as |
---|
1640 | 1640 | | provided by Subdivision (2) of this subsection, an improvement to |
---|
1641 | 1641 | | property that would otherwise constitute a new improvement is not |
---|
1642 | 1642 | | treated as a new improvement if the improvement is a replacement |
---|
1643 | 1643 | | structure for a structure that was rendered uninhabitable or |
---|
1644 | 1644 | | unusable by a casualty or by wind or water damage. For purposes of |
---|
1645 | 1645 | | appraising the property under Subsection (d) in the tax year in |
---|
1646 | 1646 | | which the structure would have constituted a new improvement: |
---|
1647 | 1647 | | (1) the appraised value the property would have had in |
---|
1648 | 1648 | | the preceding tax year if the casualty or damage had not occurred is |
---|
1649 | 1649 | | considered to be the appraised value of the property for that year, |
---|
1650 | 1650 | | regardless of whether that appraised value exceeds the actual |
---|
1651 | 1651 | | appraised value of the property for that year as limited by |
---|
1652 | 1652 | | Subsection (d); and |
---|
1653 | 1653 | | (2) the replacement structure is considered to be a |
---|
1654 | 1654 | | new improvement only if: |
---|
1655 | 1655 | | (A) the square footage of the replacement |
---|
1656 | 1656 | | structure exceeds that of the replaced structure as that structure |
---|
1657 | 1657 | | existed before the casualty or damage occurred; or |
---|
1658 | 1658 | | (B) the exterior of the replacement structure is |
---|
1659 | 1659 | | of higher quality construction and composition than that of the |
---|
1660 | 1660 | | replaced structure. |
---|
1661 | 1661 | | (k) In this subsection, "disaster recovery program" means |
---|
1662 | 1662 | | the disaster recovery program administered by the General Land |
---|
1663 | 1663 | | Office that is funded with community development block grant |
---|
1664 | 1664 | | disaster recovery money authorized by the Consolidated Security, |
---|
1665 | 1665 | | Disaster Assistance, and Continuing Appropriations Act, 2009 (Pub. |
---|
1666 | 1666 | | L. No. 110-329), and the Consolidated and Further Continuing |
---|
1667 | 1667 | | Appropriations Act, 2012 (Pub. L. No. 112-55). Notwithstanding |
---|
1668 | 1668 | | Subsection (j)(2), and only to the extent necessary to satisfy the |
---|
1669 | 1669 | | requirements of the disaster recovery program, a replacement |
---|
1670 | 1670 | | structure described by that subdivision is not considered to be a |
---|
1671 | 1671 | | new improvement if to satisfy the requirements of the disaster |
---|
1672 | 1672 | | recovery program it was necessary that: |
---|
1673 | 1673 | | (1) the square footage of the replacement structure |
---|
1674 | 1674 | | exceed that of the replaced structure as that structure existed |
---|
1675 | 1675 | | before the casualty or damage occurred; or |
---|
1676 | 1676 | | (2) the exterior of the replacement structure be of |
---|
1677 | 1677 | | higher quality construction and composition than that of the |
---|
1678 | 1678 | | replaced structure. |
---|
1679 | 1679 | | (l) For purposes of Subsection (d)(2)(B), an improvement is |
---|
1680 | 1680 | | considered to be a new improvement in a tax year if the market value |
---|
1681 | 1681 | | of the improvement increased from the value of the improvement in |
---|
1682 | 1682 | | the preceding tax year because the improvement was not complete in |
---|
1683 | 1683 | | the preceding tax year. |
---|
1684 | 1684 | | SECTION 55. The heading to Section 25.18, Tax Code, is |
---|
1685 | 1685 | | amended to read as follows: |
---|
1686 | 1686 | | Sec. 25.18. REAPPRAISAL OF PROPERTY [PERIODIC |
---|
1687 | 1687 | | REAPPRAISALS]. |
---|
1688 | 1688 | | SECTION 56. Section 25.18(a), Tax Code, is amended to read |
---|
1689 | 1689 | | as follows: |
---|
1690 | 1690 | | (a) An [Each] appraisal office may reappraise [shall |
---|
1691 | 1691 | | implement the plan for periodic reappraisal of] property if the |
---|
1692 | 1692 | | chief appraiser determines that conditions warrant the reappraisal |
---|
1693 | 1693 | | [approved by the board of directors under Section 6.05(i)]. |
---|
1694 | 1694 | | SECTION 57. Section 25.19(b), Tax Code, is amended to read |
---|
1695 | 1695 | | as follows: |
---|
1696 | 1696 | | (b) The chief appraiser shall [separate real from personal |
---|
1697 | 1697 | | property and] include in the notice for each property: |
---|
1698 | 1698 | | (1) a list of the taxing units in which the property is |
---|
1699 | 1699 | | taxable; |
---|
1700 | 1700 | | (2) the appraised value of the property in the |
---|
1701 | 1701 | | preceding year; |
---|
1702 | 1702 | | (3) the taxable value of the property in the preceding |
---|
1703 | 1703 | | year for each taxing unit taxing the property; |
---|
1704 | 1704 | | (4) the appraised value of the property for the |
---|
1705 | 1705 | | current year, the kind and amount of each exemption and partial |
---|
1706 | 1706 | | exemption, if any, approved for the property for the current year |
---|
1707 | 1707 | | and for the preceding year, and, if an exemption or partial |
---|
1708 | 1708 | | exemption that was approved for the preceding year was canceled or |
---|
1709 | 1709 | | reduced for the current year, the amount of the exemption or partial |
---|
1710 | 1710 | | exemption canceled or reduced; |
---|
1711 | 1711 | | (5) if the appraised value is greater than it was in |
---|
1712 | 1712 | | the preceding year, the amount of tax that would be imposed on the |
---|
1713 | 1713 | | property on the basis of the tax rate for the preceding year; |
---|
1714 | 1714 | | (6) in italic typeface, the following statement: "The |
---|
1715 | 1715 | | Texas Legislature does not set the amount of your local taxes. Your |
---|
1716 | 1716 | | property tax burden is decided by your locally elected officials, |
---|
1717 | 1717 | | and all inquiries concerning your taxes should be directed to those |
---|
1718 | 1718 | | officials"; |
---|
1719 | 1719 | | (7) a detailed explanation of the time and procedure |
---|
1720 | 1720 | | for protesting the value; |
---|
1721 | 1721 | | (8) the date and place the appraisal review board will |
---|
1722 | 1722 | | begin hearing protests; and |
---|
1723 | 1723 | | (9) a brief explanation that the governing body of |
---|
1724 | 1724 | | each taxing unit decides whether or not taxes on the property will |
---|
1725 | 1725 | | increase and the appraisal office [district] only determines the |
---|
1726 | 1726 | | value of the property. |
---|
1727 | 1727 | | SECTION 58. Sections 26.012(6) and (15), Tax Code, are |
---|
1728 | 1728 | | amended to read as follows: |
---|
1729 | 1729 | | (6) "Current total value" means the total taxable |
---|
1730 | 1730 | | value of property listed on the appraisal roll for the current year, |
---|
1731 | 1731 | | including all appraisal roll supplements and corrections as of the |
---|
1732 | 1732 | | date of the calculation, less the taxable value of property |
---|
1733 | 1733 | | exempted for the current tax year for the first time under Section |
---|
1734 | 1734 | | 11.31 [or 11.315], except that: |
---|
1735 | 1735 | | (A) the current total value for a school district |
---|
1736 | 1736 | | excludes: |
---|
1737 | 1737 | | (i) the total value of homesteads that |
---|
1738 | 1738 | | qualify for a tax limitation as provided by Section 11.26; and |
---|
1739 | 1739 | | (ii) new property value of property that is |
---|
1740 | 1740 | | subject to an agreement entered into under Chapter 313; and |
---|
1741 | 1741 | | (B) the current total value for a county, |
---|
1742 | 1742 | | municipality, or junior college district excludes the total value |
---|
1743 | 1743 | | of homesteads that qualify for a tax limitation provided by Section |
---|
1744 | 1744 | | 11.261. |
---|
1745 | 1745 | | (15) "Lost property levy" means the amount of taxes |
---|
1746 | 1746 | | levied in the preceding year on property value that was taxable in |
---|
1747 | 1747 | | the preceding year but is not taxable in the current year because |
---|
1748 | 1748 | | the property is exempt in the current year under a provision of this |
---|
1749 | 1749 | | code [other than Section 11.251 or 11.253], the property has |
---|
1750 | 1750 | | qualified for special appraisal under Chapter 23 in the current |
---|
1751 | 1751 | | year, or the property is located in territory that has ceased to be |
---|
1752 | 1752 | | a part of the unit since the preceding year. |
---|
1753 | 1753 | | SECTION 59. Section 26.09(b), Tax Code, is amended to read |
---|
1754 | 1754 | | as follows: |
---|
1755 | 1755 | | (b) [The county assessor-collector shall add the properties |
---|
1756 | 1756 | | and their values certified to him as provided by Chapter 24 of this |
---|
1757 | 1757 | | code to the appraisal roll for county tax purposes.] The county |
---|
1758 | 1758 | | assessor-collector shall use the appraisal roll certified to the |
---|
1759 | 1759 | | county assessor-collector [him] as provided by Section 26.01 [with |
---|
1760 | 1760 | | the added properties and values] to calculate county taxes. |
---|
1761 | 1761 | | SECTION 60. Section 31.032(a), Tax Code, is amended to read |
---|
1762 | 1762 | | as follows: |
---|
1763 | 1763 | | (a) This section applies only to: |
---|
1764 | 1764 | | (1) real property that: |
---|
1765 | 1765 | | (A) is: |
---|
1766 | 1766 | | (i) the residence homestead of the owner or |
---|
1767 | 1767 | | consists of property that is used for residential purposes and that |
---|
1768 | 1768 | | has fewer than five living units; or |
---|
1769 | 1769 | | (ii) owned or leased by a business entity |
---|
1770 | 1770 | | that had not more than the amount calculated as provided by |
---|
1771 | 1771 | | Subsection (h) in gross receipts in the entity's most recent |
---|
1772 | 1772 | | federal tax year or state franchise tax annual period, according to |
---|
1773 | 1773 | | the applicable federal income tax return or state franchise tax |
---|
1774 | 1774 | | report of the entity; |
---|
1775 | 1775 | | (B) is located in a disaster area; and |
---|
1776 | 1776 | | (C) has been damaged as a direct result of the |
---|
1777 | 1777 | | disaster; and |
---|
1778 | 1778 | | (2) [tangible personal property that is owned or |
---|
1779 | 1779 | | leased by a business entity described by Subdivision (1)(A)(ii); |
---|
1780 | 1780 | | and |
---|
1781 | 1781 | | [(3)] taxes that are imposed on the property by a |
---|
1782 | 1782 | | taxing unit before the first anniversary of the disaster. |
---|
1783 | 1783 | | SECTION 61. Section 41.43(b), Tax Code, is amended to read |
---|
1784 | 1784 | | as follows: |
---|
1785 | 1785 | | (b) A protest on the ground of unequal appraisal of property |
---|
1786 | 1786 | | shall be determined in favor of the protesting party unless the |
---|
1787 | 1787 | | appraisal office [district] establishes that[: |
---|
1788 | 1788 | | [(1) the appraisal ratio of the property is equal to or |
---|
1789 | 1789 | | less than the median level of appraisal of a reasonable and |
---|
1790 | 1790 | | representative sample of other properties in the appraisal |
---|
1791 | 1791 | | district; |
---|
1792 | 1792 | | [(2) the appraisal ratio of the property is equal to or |
---|
1793 | 1793 | | less than the median level of appraisal of a sample of properties in |
---|
1794 | 1794 | | the appraisal district consisting of a reasonable number of other |
---|
1795 | 1795 | | properties similarly situated to, or of the same general kind or |
---|
1796 | 1796 | | character as, the property subject to the protest; or |
---|
1797 | 1797 | | [(3)] the appraised value of the property is equal to |
---|
1798 | 1798 | | or less than the median appraised value of a reasonable number of |
---|
1799 | 1799 | | comparable properties appropriately adjusted. |
---|
1800 | 1800 | | SECTION 62. Section 41.44(a), Tax Code, is amended to read |
---|
1801 | 1801 | | as follows: |
---|
1802 | 1802 | | (a) Except as provided by Subsections (b), (c), (c-1), and |
---|
1803 | 1803 | | (c-2), to be entitled to a hearing and determination of a protest, |
---|
1804 | 1804 | | the property owner initiating the protest must file a written |
---|
1805 | 1805 | | notice of the protest with the appraisal review board having |
---|
1806 | 1806 | | authority to hear the matter protested: |
---|
1807 | 1807 | | (1) not later than May 15 or the 30th day after the |
---|
1808 | 1808 | | date that notice to the property owner was delivered to the property |
---|
1809 | 1809 | | owner as provided by Section 25.19, whichever is later; |
---|
1810 | 1810 | | (2) in the case of a protest of a change in the |
---|
1811 | 1811 | | appraisal records ordered as provided by Subchapter A of this |
---|
1812 | 1812 | | chapter or by Chapter 25, not later than the 30th day after the date |
---|
1813 | 1813 | | notice of the change is delivered to the property owner; or |
---|
1814 | 1814 | | (3) in the case of a determination that a change in the |
---|
1815 | 1815 | | use of land appraised under Subchapter C, D, E, or H, Chapter 23, |
---|
1816 | 1816 | | has occurred, not later than the 30th day after the date the notice |
---|
1817 | 1817 | | of the determination is delivered to the property owner[; or |
---|
1818 | 1818 | | [(4) in the case of a determination of eligibility for |
---|
1819 | 1819 | | a refund under Section 23.1243, not later than the 30th day after |
---|
1820 | 1820 | | the date the notice of the determination is delivered to the |
---|
1821 | 1821 | | property owner]. |
---|
1822 | 1822 | | SECTION 63. Section 42.01, Tax Code, is amended to read as |
---|
1823 | 1823 | | follows: |
---|
1824 | 1824 | | Sec. 42.01. RIGHT OF APPEAL BY PROPERTY OWNER. (a) A |
---|
1825 | 1825 | | property owner is entitled to appeal[: |
---|
1826 | 1826 | | [(1)] an order of the appraisal review board |
---|
1827 | 1827 | | determining: |
---|
1828 | 1828 | | (1) [(A)] a protest by the property owner as provided |
---|
1829 | 1829 | | by Subchapter C of Chapter 41; |
---|
1830 | 1830 | | (2) [(B)] a determination of an appraisal review board |
---|
1831 | 1831 | | on a motion filed under Section 25.25; or |
---|
1832 | 1832 | | (3) [(C)] a determination of an appraisal review board |
---|
1833 | 1833 | | that the property owner has forfeited the right to a final |
---|
1834 | 1834 | | determination of a motion filed under Section 25.25 or of a protest |
---|
1835 | 1835 | | under Section 41.411 for failing to comply with the prepayment |
---|
1836 | 1836 | | requirements of Section 25.26 or 41.4115, as applicable[; or |
---|
1837 | 1837 | | [(D) a determination of an appraisal review board |
---|
1838 | 1838 | | of eligibility for a refund requested under Section 23.1243; or |
---|
1839 | 1839 | | [(2) an order of the comptroller issued as provided by |
---|
1840 | 1840 | | Subchapter B, Chapter 24, apportioning among the counties the |
---|
1841 | 1841 | | appraised value of railroad rolling stock owned by the property |
---|
1842 | 1842 | | owner]. |
---|
1843 | 1843 | | (b) A property owner who establishes that the owner did not |
---|
1844 | 1844 | | forfeit the right to a final determination of a motion or of a |
---|
1845 | 1845 | | protest in an appeal under Subsection (a)(3) [(a)(1)(C)] is |
---|
1846 | 1846 | | entitled to a final determination of the court, as applicable: |
---|
1847 | 1847 | | (1) of the motion filed under Section 25.25; or |
---|
1848 | 1848 | | (2) of the protest under Section 41.411 of the failure |
---|
1849 | 1849 | | of the chief appraiser or appraisal review board to provide or |
---|
1850 | 1850 | | deliver a notice to which the property owner is entitled, and, if |
---|
1851 | 1851 | | failure to provide or deliver the notice is established, of a |
---|
1852 | 1852 | | protest made by the property owner on any other grounds of protest |
---|
1853 | 1853 | | authorized by this title relating to the property to which the |
---|
1854 | 1854 | | notice applies. |
---|
1855 | 1855 | | SECTION 64. Section 42.21(b), Tax Code, is amended to read |
---|
1856 | 1856 | | as follows: |
---|
1857 | 1857 | | (b) A petition for review brought under Section 42.02 must |
---|
1858 | 1858 | | be brought against the owner of the property involved in the appeal. |
---|
1859 | 1859 | | A petition for review brought under Section 42.031 must be brought |
---|
1860 | 1860 | | against the appraisal office [district] and against the owner of |
---|
1861 | 1861 | | the property involved in the appeal. [A petition for review brought |
---|
1862 | 1862 | | under Section 42.01(a)(2) or 42.03 must be brought against the |
---|
1863 | 1863 | | comptroller.] Any other petition for review under this chapter |
---|
1864 | 1864 | | must be brought against the appraisal office [district]. A |
---|
1865 | 1865 | | petition for review may not be brought against the appraisal review |
---|
1866 | 1866 | | board. An appraisal office [district] may hire an attorney that |
---|
1867 | 1867 | | represents the office [district] to represent the appraisal review |
---|
1868 | 1868 | | board established for the office [district] to file an answer and |
---|
1869 | 1869 | | obtain a dismissal of a suit filed against the appraisal review |
---|
1870 | 1870 | | board in violation of this subsection. |
---|
1871 | 1871 | | SECTION 65. Section 42.22, Tax Code, as amended by Chapters |
---|
1872 | 1872 | | 667 (S.B. 548) and 1033 (H.B. 301), Acts of the 73rd Legislature, |
---|
1873 | 1873 | | Regular Session, 1993, is reenacted and amended to read as follows: |
---|
1874 | 1874 | | Sec. 42.22. VENUE. (a) Except as provided by Subsection |
---|
1875 | 1875 | | [Subsections] (b) of this section [and (c),] and by Section 42.221, |
---|
1876 | 1876 | | venue is in the county in which the appraisal review board that |
---|
1877 | 1877 | | issued the order appealed is located. |
---|
1878 | 1878 | | (b) Venue of an action brought under Section 42.01(a) |
---|
1879 | 1879 | | [42.01(1)] is in the county in which the property is located or in |
---|
1880 | 1880 | | the county in which the appraisal review board that issued the order |
---|
1881 | 1881 | | is located. |
---|
1882 | 1882 | | [(c) Venue is in Travis County if the order appealed was |
---|
1883 | 1883 | | issued by the comptroller.] |
---|
1884 | 1884 | | SECTION 66. Sections 42.23(f) and (i), Tax Code, are |
---|
1885 | 1885 | | amended to read as follows: |
---|
1886 | 1886 | | (f) For purposes of a no-evidence motion for summary |
---|
1887 | 1887 | | judgment filed by a party to an appeal under this chapter, the offer |
---|
1888 | 1888 | | of evidence, including an affidavit or testimony, by any person, |
---|
1889 | 1889 | | including the appraisal office [district], the property owner, or |
---|
1890 | 1890 | | the owner's agent, that was presented at the hearing on the protest |
---|
1891 | 1891 | | before the appraisal review board constitutes sufficient evidence |
---|
1892 | 1892 | | to deny the motion. |
---|
1893 | 1893 | | (i) If an appraisal office [district] employee testifies as |
---|
1894 | 1894 | | to the value of real property in an appeal under Section 42.25 or |
---|
1895 | 1895 | | 42.26, the court may give preference to an employee who is a person |
---|
1896 | 1896 | | authorized to perform an appraisal of real estate under Section |
---|
1897 | 1897 | | 1103.201, Occupations Code. |
---|
1898 | 1898 | | SECTION 67. Sections 42.26(a), (b), and (d), Tax Code, are |
---|
1899 | 1899 | | amended to read as follows: |
---|
1900 | 1900 | | (a) The district court shall grant relief on the ground that |
---|
1901 | 1901 | | a property is appraised unequally if[: |
---|
1902 | 1902 | | [(1) the appraisal ratio of the property exceeds by at |
---|
1903 | 1903 | | least 10 percent the median level of appraisal of a reasonable and |
---|
1904 | 1904 | | representative sample of other properties in the appraisal |
---|
1905 | 1905 | | district; |
---|
1906 | 1906 | | [(2) the appraisal ratio of the property exceeds by at |
---|
1907 | 1907 | | least 10 percent the median level of appraisal of a sample of |
---|
1908 | 1908 | | properties in the appraisal district consisting of a reasonable |
---|
1909 | 1909 | | number of other properties similarly situated to, or of the same |
---|
1910 | 1910 | | general kind or character as, the property subject to the appeal; or |
---|
1911 | 1911 | | [(3)] the appraised value of the property exceeds the |
---|
1912 | 1912 | | median appraised value of a reasonable number of comparable |
---|
1913 | 1913 | | properties appropriately adjusted. |
---|
1914 | 1914 | | (b) [If a property owner is entitled to relief under |
---|
1915 | 1915 | | Subsection (a)(1), the court shall order the property's appraised |
---|
1916 | 1916 | | value changed to the value as calculated on the basis of the median |
---|
1917 | 1917 | | level of appraisal according to Subsection (a)(1). If a property |
---|
1918 | 1918 | | owner is entitled to relief under Subsection (a)(2), the court |
---|
1919 | 1919 | | shall order the property's appraised value changed to the value |
---|
1920 | 1920 | | calculated on the basis of the median level of appraisal according |
---|
1921 | 1921 | | to Subsection (a)(2).] If a property owner is entitled to relief |
---|
1922 | 1922 | | under Subsection (a) [Subsection (a)(3)], the court shall order the |
---|
1923 | 1923 | | property's appraised value changed to the value calculated on the |
---|
1924 | 1924 | | basis of the median appraised value according to that subsection |
---|
1925 | 1925 | | [Subsection (a)(3). If a property owner is entitled to relief under |
---|
1926 | 1926 | | more than one subdivision of Subsection (a), the court shall order |
---|
1927 | 1927 | | the property's appraised value changed to the value that results in |
---|
1928 | 1928 | | the lowest appraised value]. The court shall determine the [each |
---|
1929 | 1929 | | applicable median level of appraisal or] median appraised value |
---|
1930 | 1930 | | according to law[,] and is not required to adopt the [median level |
---|
1931 | 1931 | | of appraisal or] median appraised value proposed by a party to the |
---|
1932 | 1932 | | appeal. [The court may not limit or deny relief to the property |
---|
1933 | 1933 | | owner entitled to relief under a subdivision of Subsection (a) |
---|
1934 | 1934 | | because the appraised value determined according to another |
---|
1935 | 1935 | | subdivision of Subsection (a) results in a higher appraised value.] |
---|
1936 | 1936 | | (d) For purposes of this section, the value of the property |
---|
1937 | 1937 | | subject to the suit and the value of a comparable property [or |
---|
1938 | 1938 | | sample property] that is used for comparison must be the market |
---|
1939 | 1939 | | value determined by the appraisal office [district] when the |
---|
1940 | 1940 | | property is [a residence homestead] subject to the limitation on |
---|
1941 | 1941 | | appraised value imposed by Section 23.23 or 23.231. |
---|
1942 | 1942 | | SECTION 68. Sections 151.356(a) and (c), Tax Code, are |
---|
1943 | 1943 | | amended to read as follows: |
---|
1944 | 1944 | | (a) In this section: |
---|
1945 | 1945 | | (1) "Environmental protection agency of the United |
---|
1946 | 1946 | | States" includes: |
---|
1947 | 1947 | | (A) the United States Department of the Interior |
---|
1948 | 1948 | | and any agency, bureau, or other entity established in that |
---|
1949 | 1949 | | department, including the Bureau of Safety and Environmental |
---|
1950 | 1950 | | Enforcement and the Bureau of Ocean Energy Management; and |
---|
1951 | 1951 | | (B) any other department, agency, bureau, or |
---|
1952 | 1952 | | entity of the United States that prescribes rules or regulations |
---|
1953 | 1953 | | described by Subdivision (3)(A). |
---|
1954 | 1954 | | (2) "Offshore[, "offshore] spill response containment |
---|
1955 | 1955 | | property" means tangible personal property: |
---|
1956 | 1956 | | (A) used, constructed, acquired, stored, or |
---|
1957 | 1957 | | installed solely as part of, or used solely for the development, |
---|
1958 | 1958 | | improvement, storage, deployment, repair, maintenance, or testing |
---|
1959 | 1959 | | of, an offshore spill response containment system that is stored |
---|
1960 | 1960 | | while not in use in a county bordering on the Gulf of Mexico or on a |
---|
1961 | 1961 | | bay or other body of water immediately adjacent to the Gulf of |
---|
1962 | 1962 | | Mexico [(1) described by Section 11.271(c)]; |
---|
1963 | 1963 | | (B) [(2)] owned or leased by an entity formed |
---|
1964 | 1964 | | primarily for the purpose of designing, developing, modifying, |
---|
1965 | 1965 | | enhancing, assembling, operating, deploying, and maintaining an |
---|
1966 | 1966 | | offshore spill response containment system [described by Section |
---|
1967 | 1967 | | 11.271(f)]; and |
---|
1968 | 1968 | | (C) [(3)] used or intended to be used solely in |
---|
1969 | 1969 | | an offshore spill response containment system [as defined by |
---|
1970 | 1970 | | Section 11.271(a)]. |
---|
1971 | 1971 | | (3) "Offshore spill response containment system" |
---|
1972 | 1972 | | means a marine or mobile containment system that: |
---|
1973 | 1973 | | (A) is designed and used or intended to be used |
---|
1974 | 1974 | | solely to implement a response plan that meets or exceeds rules or |
---|
1975 | 1975 | | regulations adopted by any environmental protection agency of the |
---|
1976 | 1976 | | United States, this state, or a political subdivision of this state |
---|
1977 | 1977 | | for the control, reduction, or monitoring of air, water, or land |
---|
1978 | 1978 | | pollution in the event of a blowout or loss of control of an |
---|
1979 | 1979 | | offshore well drilled or used for the exploration for or production |
---|
1980 | 1980 | | of oil or gas; |
---|
1981 | 1981 | | (B) has a design capability to respond to a |
---|
1982 | 1982 | | blowout or loss of control of an offshore well drilled or used for |
---|
1983 | 1983 | | the exploration for or production of oil or gas that is drilled in |
---|
1984 | 1984 | | more than 5,000 feet of water; |
---|
1985 | 1985 | | (C) is used or intended to be used solely to |
---|
1986 | 1986 | | respond to a blowout or loss of control of an offshore well drilled |
---|
1987 | 1987 | | or used for the exploration for or production of oil or gas without |
---|
1988 | 1988 | | regard to the depth of the water in which the well is drilled; and |
---|
1989 | 1989 | | (D) except for any monitoring function for which |
---|
1990 | 1990 | | the system may be used, is used or intended to be used as a temporary |
---|
1991 | 1991 | | measure to address fugitive oil, gas, sulfur, or other minerals |
---|
1992 | 1992 | | after a leak has occurred and is not used or intended to be used |
---|
1993 | 1993 | | after the leak has been contained as a continuing means of producing |
---|
1994 | 1994 | | oil, gas, sulfur, or other minerals. |
---|
1995 | 1995 | | (4) "Rules or regulations adopted by any environmental |
---|
1996 | 1996 | | protection agency of the United States" includes 30 C.F.R. Part 254 |
---|
1997 | 1997 | | and any corresponding provision or provisions of succeeding, |
---|
1998 | 1998 | | similar, substitute, proposed, or final federal regulations. |
---|
1999 | 1999 | | (c) The sale, lease, rental, storage, use, or other |
---|
2000 | 2000 | | consumption by an entity described by Subsection (a)(2)(B) [Section |
---|
2001 | 2001 | | 11.271(f)] of offshore spill response containment property used |
---|
2002 | 2002 | | solely for the purposes described by [Section 11.271(c) and] this |
---|
2003 | 2003 | | section is exempted from the taxes imposed by this chapter. |
---|
2004 | 2004 | | SECTION 69. Section 312.007(a), Tax Code, is amended to |
---|
2005 | 2005 | | read as follows: |
---|
2006 | 2006 | | (a) In this section, "abatement period" means the period |
---|
2007 | 2007 | | during which all or a portion of the value of real property [or |
---|
2008 | 2008 | | tangible personal property] that is the subject of a tax abatement |
---|
2009 | 2009 | | agreement is exempt from taxation. |
---|
2010 | 2010 | | SECTION 70. Sections 312.204(a), (e), and (g), Tax Code, |
---|
2011 | 2011 | | are amended to read as follows: |
---|
2012 | 2012 | | (a) The governing body of a municipality eligible to enter |
---|
2013 | 2013 | | into tax abatement agreements under Section 312.002 may agree in |
---|
2014 | 2014 | | writing with the owner of taxable real property that is located in a |
---|
2015 | 2015 | | reinvestment zone, but that is not in an improvement project |
---|
2016 | 2016 | | financed by tax increment bonds, to exempt from taxation a portion |
---|
2017 | 2017 | | of the value of the real property [or of tangible personal property |
---|
2018 | 2018 | | located on the real property, or both,] for a period not to exceed |
---|
2019 | 2019 | | 10 years, on the condition that the owner of the property make |
---|
2020 | 2020 | | specific improvements or repairs to the property. The governing |
---|
2021 | 2021 | | body of an eligible municipality may agree in writing with the owner |
---|
2022 | 2022 | | of a leasehold interest in tax-exempt real property that is located |
---|
2023 | 2023 | | in a reinvestment zone, but that is not in an improvement project |
---|
2024 | 2024 | | financed by tax increment bonds, to exempt a portion of the value of |
---|
2025 | 2025 | | property subject to ad valorem taxation, including the leasehold |
---|
2026 | 2026 | | interest or [,] improvements [, or tangible personal property] |
---|
2027 | 2027 | | located on the real property, for a period not to exceed 10 years, |
---|
2028 | 2028 | | on the condition that the owner of the leasehold interest make |
---|
2029 | 2029 | | specific improvements or repairs to the real property. A tax |
---|
2030 | 2030 | | abatement agreement under this section is subject to the rights of |
---|
2031 | 2031 | | holders of outstanding bonds of the municipality. An agreement |
---|
2032 | 2032 | | exempting taxable real property or leasehold interests or |
---|
2033 | 2033 | | improvements on tax-exempt real property may provide for the |
---|
2034 | 2034 | | exemption of such taxable interests in each year covered by the |
---|
2035 | 2035 | | agreement only to the extent its value for that year exceeds its |
---|
2036 | 2036 | | value for the year in which the agreement is executed. [An |
---|
2037 | 2037 | | agreement exempting tangible personal property located on taxable |
---|
2038 | 2038 | | or tax-exempt real property may provide for the exemption of |
---|
2039 | 2039 | | tangible personal property located on the real property in each |
---|
2040 | 2040 | | year covered by the agreement other than tangible personal property |
---|
2041 | 2041 | | that was located on the real property at any time before the period |
---|
2042 | 2042 | | covered by the agreement with the municipality, including inventory |
---|
2043 | 2043 | | and supplies.] In a municipality that has a comprehensive zoning |
---|
2044 | 2044 | | ordinance, an improvement, repair, development, or redevelopment |
---|
2045 | 2045 | | taking place under an agreement under this section must conform to |
---|
2046 | 2046 | | the comprehensive zoning ordinance. |
---|
2047 | 2047 | | (e) The governing body of a municipality eligible to enter |
---|
2048 | 2048 | | into tax abatement agreements under Section 312.002 may agree in |
---|
2049 | 2049 | | writing with the owner or lessee of real property that is located in |
---|
2050 | 2050 | | a reinvestment zone to exempt from taxation for a period not to |
---|
2051 | 2051 | | exceed 10 years a portion of the value of the real property [or of |
---|
2052 | 2052 | | personal property, or both,] located within the zone and owned or |
---|
2053 | 2053 | | leased by a certificated air carrier, on the condition that the |
---|
2054 | 2054 | | certificated air carrier make specific real property improvements |
---|
2055 | 2055 | | or lease for a term of 10 years or more real property improvements |
---|
2056 | 2056 | | located within the reinvestment zone. An agreement may provide for |
---|
2057 | 2057 | | the exemption of the real property in each year covered by the |
---|
2058 | 2058 | | agreement to the extent its value for that year exceeds its value |
---|
2059 | 2059 | | for the year in which the agreement is executed. [An agreement may |
---|
2060 | 2060 | | provide for the exemption of the personal property owned or leased |
---|
2061 | 2061 | | by a certificated air carrier located within the reinvestment zone |
---|
2062 | 2062 | | in each year covered by the agreement other than specific personal |
---|
2063 | 2063 | | property that was located within the reinvestment zone at any time |
---|
2064 | 2064 | | before the period covered by the agreement with the municipality.] |
---|
2065 | 2065 | | (g) Notwithstanding the other provisions of this chapter, |
---|
2066 | 2066 | | the governing body of a municipality eligible to enter into tax |
---|
2067 | 2067 | | abatement agreements under Section 312.002 may agree in writing |
---|
2068 | 2068 | | with the owner of real property that is located in a reinvestment |
---|
2069 | 2069 | | zone to exempt from taxation for a period not to exceed five years a |
---|
2070 | 2070 | | portion of the value of the real property [or of tangible personal |
---|
2071 | 2071 | | property located on the real property, or both,] that is used to |
---|
2072 | 2072 | | provide housing for military personnel employed at a military |
---|
2073 | 2073 | | facility located in or near the municipality. An agreement may |
---|
2074 | 2074 | | provide for the exemption of the real property in each year covered |
---|
2075 | 2075 | | by the agreement only to the extent its value for that year exceeds |
---|
2076 | 2076 | | its value for the year in which the agreement is executed. [An |
---|
2077 | 2077 | | agreement may provide for the exemption of tangible personal |
---|
2078 | 2078 | | property located on the real property in each year covered by the |
---|
2079 | 2079 | | agreement other than tangible personal property that was located on |
---|
2080 | 2080 | | the real property at any time before the period covered by the |
---|
2081 | 2081 | | agreement with the municipality and other than inventory or |
---|
2082 | 2082 | | supplies.] The governing body of the municipality may adopt |
---|
2083 | 2083 | | guidelines and criteria for tax abatement agreements entered into |
---|
2084 | 2084 | | under this subsection that are different from the guidelines and |
---|
2085 | 2085 | | criteria that apply to tax abatement agreements entered into under |
---|
2086 | 2086 | | another provision of this section. Tax abatement agreements |
---|
2087 | 2087 | | entered into under this subsection are not required to contain |
---|
2088 | 2088 | | identical terms for the portion of the value of the property that is |
---|
2089 | 2089 | | to be exempt or for the duration of the exemption as tax abatement |
---|
2090 | 2090 | | agreements entered into with the owners of property in the |
---|
2091 | 2091 | | reinvestment zone under another provision of this section. |
---|
2092 | 2092 | | SECTION 71. Section 312.210(b), Tax Code, is amended to |
---|
2093 | 2093 | | read as follows: |
---|
2094 | 2094 | | (b) A tax abatement agreement with the owner of real |
---|
2095 | 2095 | | property [or tangible personal property] that is located in the |
---|
2096 | 2096 | | reinvestment zone described by Subsection (a) and in a school |
---|
2097 | 2097 | | district that has a wealth per student that does not exceed the |
---|
2098 | 2098 | | equalized wealth level must exempt from taxation: |
---|
2099 | 2099 | | (1) the portion of the value of the property in the |
---|
2100 | 2100 | | amount specified in the joint agreement among the municipality, |
---|
2101 | 2101 | | county, and junior college district; and |
---|
2102 | 2102 | | (2) an amount equal to 10 percent of the maximum |
---|
2103 | 2103 | | portion of the value of the property that may under Section |
---|
2104 | 2104 | | 312.204(a) be otherwise exempted from taxation. |
---|
2105 | 2105 | | SECTION 72. Section 312.211(a), Tax Code, is amended to |
---|
2106 | 2106 | | read as follows: |
---|
2107 | 2107 | | (a) This section applies only to [: |
---|
2108 | 2108 | | [(1)] real property: |
---|
2109 | 2109 | | (1) [(A)] that is located in a reinvestment zone; |
---|
2110 | 2110 | | (2) [(B)] that is not in an improvement project |
---|
2111 | 2111 | | financed by tax increment bonds; and |
---|
2112 | 2112 | | (3) [(C)] that is the subject of a voluntary cleanup |
---|
2113 | 2113 | | agreement under Section 361.606, Health and Safety Code [; and |
---|
2114 | 2114 | | [(2) tangible personal property located on the real |
---|
2115 | 2115 | | property]. |
---|
2116 | 2116 | | SECTION 73. Sections 312.402(a), (a-1), and (a-3), Tax |
---|
2117 | 2117 | | Code, are amended to read as follows: |
---|
2118 | 2118 | | (a) The commissioners court may execute a tax abatement |
---|
2119 | 2119 | | agreement with the owner of taxable real property located in a |
---|
2120 | 2120 | | reinvestment zone designated under this subchapter [or with the |
---|
2121 | 2121 | | owner of tangible personal property located on real property in a |
---|
2122 | 2122 | | reinvestment zone] to exempt from taxation all or a portion of the |
---|
2123 | 2123 | | value of the real property [, all or a portion of the value of the |
---|
2124 | 2124 | | tangible personal property located on the real property, or all or a |
---|
2125 | 2125 | | portion of the value of both]. |
---|
2126 | 2126 | | (a-1) The commissioners court may execute a tax abatement |
---|
2127 | 2127 | | agreement with the owner of a leasehold interest in tax-exempt real |
---|
2128 | 2128 | | property located in a reinvestment zone designated under this |
---|
2129 | 2129 | | subchapter to exempt all or a portion of the value of the leasehold |
---|
2130 | 2130 | | interest in the real property. The court may execute a tax |
---|
2131 | 2131 | | abatement agreement with the owner of [tangible personal property |
---|
2132 | 2132 | | or] an improvement located on tax-exempt real property that is |
---|
2133 | 2133 | | located in a designated reinvestment zone to exempt all or a portion |
---|
2134 | 2134 | | of the value of the [tangible personal property or] improvement |
---|
2135 | 2135 | | located on the real property. |
---|
2136 | 2136 | | (a-3) The commissioners court may execute a tax abatement |
---|
2137 | 2137 | | agreement with a lessee of taxable real property located in a |
---|
2138 | 2138 | | reinvestment zone designated under this subchapter to exempt from |
---|
2139 | 2139 | | taxation all or a portion of the value of the fixtures, |
---|
2140 | 2140 | | improvements, or other real property owned by the lessee and |
---|
2141 | 2141 | | located on the property that is subject to the lease [, all or a |
---|
2142 | 2142 | | portion of the value of tangible personal property owned by the |
---|
2143 | 2143 | | lessee and located on the real property that is the subject of the |
---|
2144 | 2144 | | lease, or all or a portion of the value of both the fixtures, |
---|
2145 | 2145 | | improvements, or other real property and the tangible personal |
---|
2146 | 2146 | | property described by this subsection]. |
---|
2147 | 2147 | | SECTION 74. Section 313.021(2), Tax Code, is amended to |
---|
2148 | 2148 | | read as follows: |
---|
2149 | 2149 | | (2) "Qualified property" means: |
---|
2150 | 2150 | | (A) land: |
---|
2151 | 2151 | | (i) that is located in an area designated as |
---|
2152 | 2152 | | a reinvestment zone under Chapter 311 or 312 or as an enterprise |
---|
2153 | 2153 | | zone under Chapter 2303, Government Code; |
---|
2154 | 2154 | | (ii) on which a person proposes to |
---|
2155 | 2155 | | construct a new building or erect or affix a new improvement that |
---|
2156 | 2156 | | does not exist before the date the person submits a complete |
---|
2157 | 2157 | | application for a limitation on appraised value under this |
---|
2158 | 2158 | | subchapter; |
---|
2159 | 2159 | | (iii) that is not subject to a tax abatement |
---|
2160 | 2160 | | agreement entered into by a school district under Chapter 312; and |
---|
2161 | 2161 | | (iv) on which, in connection with the new |
---|
2162 | 2162 | | building or new improvement described by Subparagraph (ii), the |
---|
2163 | 2163 | | owner or lessee of, or the holder of another possessory interest in, |
---|
2164 | 2164 | | the land proposes to: |
---|
2165 | 2165 | | (a) make a qualified investment in an |
---|
2166 | 2166 | | amount equal to at least the minimum amount required by Section |
---|
2167 | 2167 | | 313.023; and |
---|
2168 | 2168 | | (b) create at least 25 new qualifying |
---|
2169 | 2169 | | jobs; and |
---|
2170 | 2170 | | (B) the new building or other new improvement |
---|
2171 | 2171 | | described by Paragraph (A)(ii)[; and |
---|
2172 | 2172 | | [(C) tangible personal property: |
---|
2173 | 2173 | | [(i) that is not subject to a tax abatement |
---|
2174 | 2174 | | agreement entered into by a school district under Chapter 312; |
---|
2175 | 2175 | | [(ii) for which a sales and use tax refund |
---|
2176 | 2176 | | is not claimed under Section 151.3186; and |
---|
2177 | 2177 | | [(iii) except for new equipment described |
---|
2178 | 2178 | | in Section 151.318(q) or (q-1), that is first placed in service in |
---|
2179 | 2179 | | the new building, in the newly expanded building, or in or on the |
---|
2180 | 2180 | | new improvement described by Paragraph (A)(ii), or on the land on |
---|
2181 | 2181 | | which that new building or new improvement is located, if the |
---|
2182 | 2182 | | personal property is ancillary and necessary to the business |
---|
2183 | 2183 | | conducted in that new building or in or on that new improvement]. |
---|
2184 | 2184 | | SECTION 75. Section 313.025(a), Tax Code, is amended to |
---|
2185 | 2185 | | read as follows: |
---|
2186 | 2186 | | (a) The owner or lessee of, or the holder of another |
---|
2187 | 2187 | | possessory interest in, any qualified property described by Section |
---|
2188 | 2188 | | 313.021(2)(A) or[,] (B)[, or (C)] may apply to the governing body of |
---|
2189 | 2189 | | the school district in which the property is located for a |
---|
2190 | 2190 | | limitation on the appraised value for school district maintenance |
---|
2191 | 2191 | | and operations ad valorem tax purposes of the person's qualified |
---|
2192 | 2192 | | property. An application must be made on the form prescribed by |
---|
2193 | 2193 | | the comptroller and include the information required by the |
---|
2194 | 2194 | | comptroller, and it must be accompanied by: |
---|
2195 | 2195 | | (1) the application fee established by the governing |
---|
2196 | 2196 | | body of the school district; |
---|
2197 | 2197 | | (2) information sufficient to show that the real [and |
---|
2198 | 2198 | | personal] property identified in the application as qualified |
---|
2199 | 2199 | | property meets the applicable criteria established by Section |
---|
2200 | 2200 | | 313.021(2); and |
---|
2201 | 2201 | | (3) any information required by the comptroller for |
---|
2202 | 2202 | | the purposes of Section 313.026. |
---|
2203 | 2203 | | SECTION 76. Section 71.041(5), Agriculture Code, is amended |
---|
2204 | 2204 | | to read as follows: |
---|
2205 | 2205 | | (5) "Nursery stock weather protection unit" means a |
---|
2206 | 2206 | | plant cover consisting of a series of removable, portable metal |
---|
2207 | 2207 | | hoops, covered by nonreusable plastic sheeting, shade cloth, or |
---|
2208 | 2208 | | other similar removable material, used exclusively for protecting |
---|
2209 | 2209 | | nursery products from weather elements. A nursery stock weather |
---|
2210 | 2210 | | protection unit is an implement of husbandry for all purposes[, |
---|
2211 | 2211 | | including Article VIII, Section 19a, of the Texas Constitution]. |
---|
2212 | 2212 | | SECTION 77. Section 93.001(2), Business & Commerce Code, is |
---|
2213 | 2213 | | amended to read as follows: |
---|
2214 | 2214 | | (2) "Heavy equipment" means self-propelled, |
---|
2215 | 2215 | | self-powered, or pull-type equipment, including farm equipment or a |
---|
2216 | 2216 | | diesel engine, that weighs at least 1,500 pounds and is intended to |
---|
2217 | 2217 | | be used for agricultural, construction, industrial, maritime, |
---|
2218 | 2218 | | mining, or forestry uses. The term does not include a motor |
---|
2219 | 2219 | | vehicle that is required by: |
---|
2220 | 2220 | | (A) Chapter 501, Transportation Code, to be |
---|
2221 | 2221 | | titled; or |
---|
2222 | 2222 | | (B) Chapter 502, Transportation Code, to be |
---|
2223 | 2223 | | registered [has the meaning assigned by Section 23.1241, Tax Code]. |
---|
2224 | 2224 | | SECTION 78. Sections 89.003(a) and (b), Finance Code, are |
---|
2225 | 2225 | | amended to read as follows: |
---|
2226 | 2226 | | (a) Each association and each federal association shall |
---|
2227 | 2227 | | render for ad valorem taxation all of its personal property, other |
---|
2228 | 2228 | | than tangible personal property [furniture, fixtures, equipment, |
---|
2229 | 2229 | | and automobiles], as a whole at the value remaining after deducting |
---|
2230 | 2230 | | the following from the total value of its entire assets: |
---|
2231 | 2231 | | (1) all debts that it owes; |
---|
2232 | 2232 | | (2) all tax-free securities that it owns; |
---|
2233 | 2233 | | (3) its loss reserves and surplus; |
---|
2234 | 2234 | | (4) its savings liability; [and] |
---|
2235 | 2235 | | (5) the appraised value of its [furniture, fixtures, |
---|
2236 | 2236 | | and] real property; and |
---|
2237 | 2237 | | (6) the value of its tangible personal property. |
---|
2238 | 2238 | | (b) The association or federal association shall render the |
---|
2239 | 2239 | | personal property, other than tangible personal property |
---|
2240 | 2240 | | [furniture, fixtures, equipment, and automobiles], to the chief |
---|
2241 | 2241 | | appraiser of the appraisal office [district] in the county in which |
---|
2242 | 2242 | | its principal office is located. |
---|
2243 | 2243 | | SECTION 79. Subchapter M, Chapter 403, Government Code, is |
---|
2244 | 2244 | | amended by adding Section 403.3001 to read as follows: |
---|
2245 | 2245 | | Sec. 403.3001. DETERMINATION OF SCHOOL DISTRICT PROPERTY |
---|
2246 | 2246 | | VALUES. A reference in law to the taxable value or total taxable |
---|
2247 | 2247 | | value of property in a school district as determined under this |
---|
2248 | 2248 | | subchapter means the total taxable value of that property as |
---|
2249 | 2249 | | determined by the assessor for the district under Section 26.04, |
---|
2250 | 2250 | | Tax Code. |
---|
2251 | 2251 | | SECTION 80. Chapter 245, Local Government Code, is amended |
---|
2252 | 2252 | | by adding Section 245.008 to read as follows: |
---|
2253 | 2253 | | Sec. 245.008. NOTIFICATION OF APPRAISAL OFFICE OF ISSUANCE |
---|
2254 | 2254 | | OF CERTAIN PERMITS. A political subdivision that issues a |
---|
2255 | 2255 | | real-property-related permit shall notify the appraisal office |
---|
2256 | 2256 | | established for the county in which the property is located of the |
---|
2257 | 2257 | | issuance of the permit. |
---|
2258 | 2258 | | SECTION 81. Section 1151.1015, Occupations Code, is amended |
---|
2259 | 2259 | | to read as follows: |
---|
2260 | 2260 | | Sec. 1151.1015. ASSISTANCE FROM COMPTROLLER. The |
---|
2261 | 2261 | | comptroller shall enter into a memorandum of understanding with the |
---|
2262 | 2262 | | department under which the comptroller shall provide: |
---|
2263 | 2263 | | (1) information on the educational needs of and |
---|
2264 | 2264 | | opportunities for tax professionals; |
---|
2265 | 2265 | | (2) review and approval of all required educational |
---|
2266 | 2266 | | courses, examinations, and continuing education programs for |
---|
2267 | 2267 | | registrants; and |
---|
2268 | 2268 | | (3) [a copy of any report issued by the comptroller |
---|
2269 | 2269 | | under Section 5.102, Tax Code, and if requested by the department a |
---|
2270 | 2270 | | copy of any work papers or other documents collected or created in |
---|
2271 | 2271 | | connection with a report issued under that section; and |
---|
2272 | 2272 | | [(4)] information and assistance regarding |
---|
2273 | 2273 | | administrative proceedings conducted under the commission's rules |
---|
2274 | 2274 | | or this chapter. |
---|
2275 | 2275 | | SECTION 82. Section 1151.204(c), Occupations Code, is |
---|
2276 | 2276 | | amended to read as follows: |
---|
2277 | 2277 | | (c) This section does not apply to: |
---|
2278 | 2278 | | (1) [a matter referred to the department by the |
---|
2279 | 2279 | | comptroller under Section 5.102, Tax Code, or a successor statute; |
---|
2280 | 2280 | | [(2)] a complaint concerning a registrant's failure to |
---|
2281 | 2281 | | comply with the registration and certification requirements of this |
---|
2282 | 2282 | | chapter; or |
---|
2283 | 2283 | | (2) [(3)] a complaint concerning a newly appointed |
---|
2284 | 2284 | | chief appraiser's failure to complete the training program |
---|
2285 | 2285 | | described by Section 1151.164. |
---|
2286 | 2286 | | SECTION 83. Section 503.038(a), Transportation Code, is |
---|
2287 | 2287 | | amended to read as follows: |
---|
2288 | 2288 | | (a) The department may cancel a dealer's general |
---|
2289 | 2289 | | distinguishing number if the dealer: |
---|
2290 | 2290 | | (1) falsifies or forges a title document, including an |
---|
2291 | 2291 | | affidavit making application for a certified copy of a title; |
---|
2292 | 2292 | | (2) files a false or forged tax document, including a |
---|
2293 | 2293 | | sales tax affidavit; |
---|
2294 | 2294 | | (3) fails to take assignment of any basic evidence of |
---|
2295 | 2295 | | ownership, including a certificate of title or manufacturer's |
---|
2296 | 2296 | | certificate, for a vehicle the dealer acquires; |
---|
2297 | 2297 | | (4) fails to assign any basic evidence of ownership, |
---|
2298 | 2298 | | including a certificate of title or manufacturer's certificate, for |
---|
2299 | 2299 | | a vehicle the dealer sells; |
---|
2300 | 2300 | | (5) uses or permits the use of a metal dealer's license |
---|
2301 | 2301 | | plate or a dealer's temporary tag on a vehicle that the dealer does |
---|
2302 | 2302 | | not own or control or that is not in stock and offered for sale; |
---|
2303 | 2303 | | (6) makes a material misrepresentation in an |
---|
2304 | 2304 | | application or other information filed with the department; |
---|
2305 | 2305 | | (7) fails to maintain the qualifications for a general |
---|
2306 | 2306 | | distinguishing number; |
---|
2307 | 2307 | | (8) fails to provide to the department within 30 days |
---|
2308 | 2308 | | after the date of demand by the department satisfactory and |
---|
2309 | 2309 | | reasonable evidence that the person is regularly and actively |
---|
2310 | 2310 | | engaged in business as a wholesale or retail dealer; |
---|
2311 | 2311 | | (9) has been licensed for at least 12 months and has |
---|
2312 | 2312 | | not assigned at least five vehicles during the previous 12-month |
---|
2313 | 2313 | | period; |
---|
2314 | 2314 | | (10) [has failed to demonstrate compliance with |
---|
2315 | 2315 | | Sections 23.12, 23.121, and 23.122, Tax Code; |
---|
2316 | 2316 | | [(11)] uses or allows the use of the dealer's general |
---|
2317 | 2317 | | distinguishing number or the location for which the general |
---|
2318 | 2318 | | distinguishing number is issued to avoid the requirements of this |
---|
2319 | 2319 | | chapter; |
---|
2320 | 2320 | | (11) [(12)] misuses or allows the misuse of a |
---|
2321 | 2321 | | temporary tag authorized under this chapter; |
---|
2322 | 2322 | | (12) [(13)] refuses to show on a buyer's temporary tag |
---|
2323 | 2323 | | the date of sale or other reasonable information required by the |
---|
2324 | 2324 | | department; or |
---|
2325 | 2325 | | (13) [(14)] otherwise violates this chapter or a rule |
---|
2326 | 2326 | | adopted under this chapter. |
---|
2327 | 2327 | | SECTION 84. (a) The following provisions of the Tax Code |
---|
2328 | 2328 | | are repealed: |
---|
2329 | 2329 | | (1) Section 1.12; |
---|
2330 | 2330 | | (2) Section 5.07(c); |
---|
2331 | 2331 | | (3) Section 5.10; |
---|
2332 | 2332 | | (4) Section 5.102; |
---|
2333 | 2333 | | (5) Section 5.12; |
---|
2334 | 2334 | | (6) Section 5.13; |
---|
2335 | 2335 | | (7) Section 5.16; |
---|
2336 | 2336 | | (8) Section 6.03; |
---|
2337 | 2337 | | (9) Section 6.031; |
---|
2338 | 2338 | | (10) Section 6.033; |
---|
2339 | 2339 | | (11) Section 6.034; |
---|
2340 | 2340 | | (12) Section 6.035(a-1); |
---|
2341 | 2341 | | (13) Section 6.036(a); |
---|
2342 | 2342 | | (14) Section 6.037; |
---|
2343 | 2343 | | (15) Section 6.04; |
---|
2344 | 2344 | | (16) Section 6.0501; |
---|
2345 | 2345 | | (17) Section 6.051; |
---|
2346 | 2346 | | (18) Section 6.061; |
---|
2347 | 2347 | | (19) Section 6.10; |
---|
2348 | 2348 | | (20) Section 6.15; |
---|
2349 | 2349 | | (21) Section 6.24(c); |
---|
2350 | 2350 | | (22) Section 11.11(h); |
---|
2351 | 2351 | | (23) Section 11.14; |
---|
2352 | 2352 | | (24) Section 11.145; |
---|
2353 | 2353 | | (25) Section 11.15; |
---|
2354 | 2354 | | (26) Section 11.16; |
---|
2355 | 2355 | | (27) Section 11.161; |
---|
2356 | 2356 | | (28) Section 11.23(f); |
---|
2357 | 2357 | | (29) Section 11.25; |
---|
2358 | 2358 | | (30) Section 11.251; |
---|
2359 | 2359 | | (31) Section 11.252; |
---|
2360 | 2360 | | (32) Section 11.253; |
---|
2361 | 2361 | | (33) Section 11.254; |
---|
2362 | 2362 | | (34) Section 11.271; |
---|
2363 | 2363 | | (35) Section 11.311; |
---|
2364 | 2364 | | (36) Section 11.315; |
---|
2365 | 2365 | | (37) Section 11.33; |
---|
2366 | 2366 | | (38) Section 11.437; |
---|
2367 | 2367 | | (39) Section 11.4391; |
---|
2368 | 2368 | | (40) Section 21.02; |
---|
2369 | 2369 | | (41) Section 21.021; |
---|
2370 | 2370 | | (42) Section 21.03; |
---|
2371 | 2371 | | (43) Section 21.031; |
---|
2372 | 2372 | | (44) Section 21.04; |
---|
2373 | 2373 | | (45) Section 21.05; |
---|
2374 | 2374 | | (46) Section 21.055; |
---|
2375 | 2375 | | (47) Section 21.07; |
---|
2376 | 2376 | | (48) Section 21.09; |
---|
2377 | 2377 | | (49) Section 21.10; |
---|
2378 | 2378 | | (50) Sections 22.01(e), (i), (j), (k), and (m); |
---|
2379 | 2379 | | (51) Sections 22.04(b), (c), and (d); |
---|
2380 | 2380 | | (52) Sections 22.07(a) and (b); |
---|
2381 | 2381 | | (53) Section 22.23(c); |
---|
2382 | 2382 | | (54) Section 23.121; |
---|
2383 | 2383 | | (55) Section 23.1211; |
---|
2384 | 2384 | | (56) Section 23.122; |
---|
2385 | 2385 | | (57) Section 23.123; |
---|
2386 | 2386 | | (58) Section 23.124; |
---|
2387 | 2387 | | (59) Section 23.1241; |
---|
2388 | 2388 | | (60) Section 23.1242; |
---|
2389 | 2389 | | (61) Section 23.1243; |
---|
2390 | 2390 | | (62) Section 23.125; |
---|
2391 | 2391 | | (63) Section 23.126; |
---|
2392 | 2392 | | (64) Section 23.127; |
---|
2393 | 2393 | | (65) Section 23.128; |
---|
2394 | 2394 | | (66) Section 23.129; |
---|
2395 | 2395 | | (67) Section 23.24; |
---|
2396 | 2396 | | (68) Chapter 24; |
---|
2397 | 2397 | | (69) Sections 25.18(b) and (c); |
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2398 | 2398 | | (70) Section 33.11; |
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2399 | 2399 | | (71) Subchapter B, Chapter 33; |
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2400 | 2400 | | (72) Section 41.413(a); |
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2401 | 2401 | | (73) Section 41.47(c-1); |
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2402 | 2402 | | (74) Section 42.03; |
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2403 | 2403 | | (75) Section 42.05; and |
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2404 | 2404 | | (76) Section 42.26(c). |
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2405 | 2405 | | (b) Section 25.12(c), Tax Code, as added by Chapter 450 |
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2406 | 2406 | | (H.B. 1831), Acts of the 71st Legislature, Regular Session, 1989, |
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2407 | 2407 | | is repealed. |
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2408 | 2408 | | (c) Section 89.003(c), Finance Code, is repealed. |
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2409 | 2409 | | (d) The following provisions of the Government Code are |
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2410 | 2410 | | repealed: |
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2411 | 2411 | | (1) Section 403.301; |
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2412 | 2412 | | (2) Section 403.3011; |
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2413 | 2413 | | (3) Section 403.302; |
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2414 | 2414 | | (4) Section 403.303; and |
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2415 | 2415 | | (5) Section 403.304. |
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2416 | 2416 | | (e) Sections 379B.011(c), (d), and (e), Local Government |
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2417 | 2417 | | Code, are repealed. |
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2418 | 2418 | | SECTION 85. (a) On the effective date of this Act: |
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2419 | 2419 | | (1) each appraisal district and appraisal district |
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2420 | 2420 | | board of directors is abolished; |
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2421 | 2421 | | (2) an appraisal office is established for each |
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2422 | 2422 | | county; |
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2423 | 2423 | | (3) the county assessor-collector of each county |
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2424 | 2424 | | begins to govern the appraisal office established for that county; |
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2425 | 2425 | | (4) all personnel, property, records, and funds of an |
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2426 | 2426 | | appraisal district are transferred to the appraisal office for the |
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2427 | 2427 | | county for which the appraisal district was established; |
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2428 | 2428 | | (5) all unpaid debts incurred by an appraisal district |
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2429 | 2429 | | become debts of the appraisal office for the county for which the |
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2430 | 2430 | | appraisal district was established; |
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2431 | 2431 | | (6) the appraisal office for the county for which an |
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2432 | 2432 | | appraisal district was established is substituted for the appraisal |
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2433 | 2433 | | district in any pending action, including a protest or challenge |
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2434 | 2434 | | before an appraisal review board or an appeal or other action in a |
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2435 | 2435 | | court; and |
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2436 | 2436 | | (7) the appraisal review board of an appraisal office |
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2437 | 2437 | | established for a county is substituted for the appraisal review |
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2438 | 2438 | | board of the appraisal district established for the county in any |
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2439 | 2439 | | pending action, including a protest or challenge before the |
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2440 | 2440 | | appraisal review board or an appeal or other action in a court. |
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2441 | 2441 | | (b) A measure taken or adopted by the board of directors of |
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2442 | 2442 | | an appraisal district established for a county before the effective |
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2443 | 2443 | | date of this Act that is in effect on the effective date of this Act |
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2444 | 2444 | | continues in effect after the effective date of this Act until |
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2445 | 2445 | | superseded by a measure taken or adopted by the county |
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2446 | 2446 | | assessor-collector who governs the appraisal office established |
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2447 | 2447 | | for that county. |
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2448 | 2448 | | SECTION 86. As soon as practicable on or after January 1, |
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2449 | 2449 | | 2022, the county assessor-collector who governs each appraisal |
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2450 | 2450 | | office shall dispose of the real property owned by the office. The |
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2451 | 2451 | | county assessor-collector may use the proceeds to pay the debts of |
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2452 | 2452 | | the appraisal office or to cover the cost of administration of the |
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2453 | 2453 | | office. |
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2454 | 2454 | | SECTION 87. (a) As soon as practicable on or after January |
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2455 | 2455 | | 1, 2022, the state senators and state representatives whose |
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2456 | 2456 | | districts contain any part of the territory included in the county |
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2457 | 2457 | | for which an appraisal office is established, in the manner |
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2458 | 2458 | | provided by Section 6.12, Tax Code, as amended by this Act, shall |
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2459 | 2459 | | appoint the members of the agricultural advisory board for the |
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2460 | 2460 | | appraisal office. The county assessor-collector who governs the |
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2461 | 2461 | | appraisal office by resolution shall provide for staggered terms |
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2462 | 2462 | | for the members as necessary to comply with Section 6.12(c), Tax |
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2463 | 2463 | | Code. |
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2464 | 2464 | | (b) The changes made to Section 6.12, Tax Code, by this Act |
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2465 | 2465 | | apply only to the appointment of agricultural advisory board |
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2466 | 2466 | | members to terms beginning on or after January 1, 2022. This Act |
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2467 | 2467 | | does not affect the term of an agricultural advisory board member |
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2468 | 2468 | | serving on December 31, 2021, if the member was appointed before |
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2469 | 2469 | | January 1, 2022, to a term that began before December 31, 2021. |
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2470 | 2470 | | SECTION 88. (a) As soon as practicable on or after January |
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2471 | 2471 | | 1, 2022, the state senators and state representatives whose |
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2472 | 2472 | | districts contain any part of the territory included in the county |
---|
2473 | 2473 | | for which an appraisal office is established, in the manner |
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2474 | 2474 | | provided by Section 6.41, Tax Code, as amended by this Act, shall |
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2475 | 2475 | | appoint the members of the appraisal review board for the appraisal |
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2476 | 2476 | | office. The county assessor-collector who governs the appraisal |
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2477 | 2477 | | office by resolution shall provide for staggered terms for the |
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2478 | 2478 | | members as necessary to comply with Section 6.41(h), Tax Code, as |
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2479 | 2479 | | amended by this Act. |
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2480 | 2480 | | (b) The changes made to Section 6.41, Tax Code, by this Act |
---|
2481 | 2481 | | apply only to the appointment of appraisal review board members to |
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2482 | 2482 | | terms beginning on or after January 1, 2022. This Act does not |
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2483 | 2483 | | affect the term of an appraisal review board member serving on |
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2484 | 2484 | | December 31, 2021, if the member was appointed before January 1, |
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2485 | 2485 | | 2022, to a term that began before December 31, 2021, and expires |
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2486 | 2486 | | December 31, 2022. |
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2487 | 2487 | | SECTION 89. Sections 6.41 and 6.411, Tax Code, as amended by |
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2488 | 2488 | | this Act, apply only to an offense committed on or after the |
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2489 | 2489 | | effective date of this Act. An offense committed before the |
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2490 | 2490 | | effective date of this Act is governed by the law in effect on the |
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2491 | 2491 | | date the offense was committed, and the former law is continued in |
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2492 | 2492 | | effect for that purpose. For purposes of this section, an offense |
---|
2493 | 2493 | | was committed before the effective date of this Act if any element |
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2494 | 2494 | | of the offense occurred before that date. |
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2495 | 2495 | | SECTION 90. The change in law made by this Act to Section |
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2496 | 2496 | | 23.02, Tax Code, applies only to the reappraisal of property |
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2497 | 2497 | | located in an area that is declared to be a disaster area by the |
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2498 | 2498 | | governor on or after the effective date of this Act. The |
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2499 | 2499 | | reappraisal of property located in an area that was declared to be a |
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2500 | 2500 | | disaster area by the governor before the effective date of this Act |
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2501 | 2501 | | is governed by the law as it existed immediately before the |
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2502 | 2502 | | effective date of this Act, and that law is continued in effect for |
---|
2503 | 2503 | | that purpose. |
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2504 | 2504 | | SECTION 91. Section 23.231, Tax Code, as added by this Act, |
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2505 | 2505 | | applies only to the appraisal of real property for ad valorem tax |
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2506 | 2506 | | purposes for a tax year that begins on or after the effective date |
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2507 | 2507 | | of this Act. |
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2508 | 2508 | | SECTION 92. As soon as practicable after the effective date |
---|
2509 | 2509 | | of this Act, the comptroller by rule shall adopt forms and |
---|
2510 | 2510 | | procedures necessary for the implementation of Section 23.231, Tax |
---|
2511 | 2511 | | Code, as added by this Act. |
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2512 | 2512 | | SECTION 93. (a) The changes in law made by this Act to |
---|
2513 | 2513 | | Subchapter M, Chapter 403, Government Code, apply only to the |
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2514 | 2514 | | determination of the total taxable value of property in a school |
---|
2515 | 2515 | | district for a tax year that begins after December 31, 2021. The |
---|
2516 | 2516 | | determination of the total taxable value of property in a school |
---|
2517 | 2517 | | district for a tax year that begins before that date is governed by |
---|
2518 | 2518 | | Subchapter M, Chapter 403, Government Code, as that subchapter |
---|
2519 | 2519 | | existed when the tax year began, and the former law is continued in |
---|
2520 | 2520 | | effect for that purpose. |
---|
2521 | 2521 | | (b) Notwithstanding the changes in law made by this Act to |
---|
2522 | 2522 | | the provisions of the Tax Code, Agriculture Code, Business & |
---|
2523 | 2523 | | Commerce Code, Finance Code, and Transportation Code amended by |
---|
2524 | 2524 | | this Act and the repeal by this Act of provisions of the Tax Code and |
---|
2525 | 2525 | | Finance Code, each of those provisions, as it existed immediately |
---|
2526 | 2526 | | before January 1, 2020, is continued in effect for the purpose of |
---|
2527 | 2527 | | the levy and collection of an ad valorem tax on tangible personal |
---|
2528 | 2528 | | property imposed: |
---|
2529 | 2529 | | (1) before January 1, 2020; or |
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2530 | 2530 | | (2) pursuant to Section 1(l), Article VIII, Texas |
---|
2531 | 2531 | | Constitution. |
---|
2532 | 2532 | | SECTION 94. (a) If the constitutional amendment proposed |
---|
2533 | 2533 | | by the 86th Legislature, Regular Session, 2019, authorizing the |
---|
2534 | 2534 | | legislature to provide for the appraisal of certain real property |
---|
2535 | 2535 | | for ad valorem tax purposes based on its purchase price, exempting |
---|
2536 | 2536 | | all tangible personal property in this state from ad valorem |
---|
2537 | 2537 | | taxation, and authorizing the legislature to permit legislators to |
---|
2538 | 2538 | | appoint members of the board of equalization for an appraisal |
---|
2539 | 2539 | | entity is approved by the voters, the Special Tax Code Board is |
---|
2540 | 2540 | | created to recommend amendments to the Tax Code and other law to |
---|
2541 | 2541 | | efficiently and effectively implement the amendment. |
---|
2542 | 2542 | | (b) The board consists of nine members appointed as follows: |
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2543 | 2543 | | (1) seven members appointed by the governor; |
---|
2544 | 2544 | | (2) one member appointed by the lieutenant governor; |
---|
2545 | 2545 | | and |
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2546 | 2546 | | (3) one member appointed by the speaker of the house of |
---|
2547 | 2547 | | representatives. |
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2548 | 2548 | | (c) The board shall make legislative recommendations on |
---|
2549 | 2549 | | amendments to the Tax Code and other law required to implement the |
---|
2550 | 2550 | | constitutional amendment and otherwise improve the system for |
---|
2551 | 2551 | | appraising property for ad valorem tax purposes, including |
---|
2552 | 2552 | | recommendations regarding: |
---|
2553 | 2553 | | (1) the abolition of appraisal districts and the |
---|
2554 | 2554 | | transfer of their functions to the county assessor-collectors' |
---|
2555 | 2555 | | offices; |
---|
2556 | 2556 | | (2) the procedure to be used in appraising real |
---|
2557 | 2557 | | property for ad valorem tax purposes, including the appraisal of |
---|
2558 | 2558 | | such property on the basis of the purchase price of the property; |
---|
2559 | 2559 | | (3) the reporting of information regarding sales of |
---|
2560 | 2560 | | real property to the appraisal office and the use of that |
---|
2561 | 2561 | | information by the appraisal office; |
---|
2562 | 2562 | | (4) the notification of an appraisal office by a |
---|
2563 | 2563 | | political subdivision regarding real-property-related permits |
---|
2564 | 2564 | | issued by the political subdivision; and |
---|
2565 | 2565 | | (5) the procedure for appointing appraisal review |
---|
2566 | 2566 | | board members. |
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2567 | 2567 | | (d) Not later than September 1, 2020, the board shall submit |
---|
2568 | 2568 | | a report to the governor, lieutenant governor, speaker of the house |
---|
2569 | 2569 | | of representatives, comptroller, Legislative Budget Board, and |
---|
2570 | 2570 | | legislature regarding the board's recommendations. |
---|
2571 | 2571 | | (e) This section expires September 1, 2021. |
---|
2572 | 2572 | | SECTION 95. To the extent of any conflict, this Act prevails |
---|
2573 | 2573 | | over another Act of the 86th Legislature, Regular Session, 2019, |
---|
2574 | 2574 | | relating to nonsubstantive additions to and corrections in enacted |
---|
2575 | 2575 | | codes. |
---|
2576 | 2576 | | SECTION 96. (a) Except as provided by Subsection (b) of |
---|
2577 | 2577 | | this section, this Act takes effect January 1, 2022, but only if the |
---|
2578 | 2578 | | constitutional amendment proposed by the 86th Legislature, Regular |
---|
2579 | 2579 | | Session, 2019, authorizing the legislature to provide for the |
---|
2580 | 2580 | | appraisal of certain real property for ad valorem tax purposes |
---|
2581 | 2581 | | based on its purchase price, exempting all tangible personal |
---|
2582 | 2582 | | property in this state from ad valorem taxation, and authorizing |
---|
2583 | 2583 | | the legislature to permit legislators to appoint members of the |
---|
2584 | 2584 | | board of equalization for an appraisal entity is approved by the |
---|
2585 | 2585 | | voters. If that amendment is not approved by the voters, this Act |
---|
2586 | 2586 | | has no effect. |
---|
2587 | 2587 | | (b) Subject to Subsection (a) of this section, the section |
---|
2588 | 2588 | | of this Act creating the Special Tax Code Board takes effect January |
---|
2589 | 2589 | | 1, 2020. |
---|