1 | 1 | | 86R4612 JES-F |
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2 | 2 | | By: Campbell S.B. No. 1520 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the calculation of penalties and interest resulting |
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8 | 8 | | from the final determination of an ad valorem tax appeal that |
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9 | 9 | | changes a property owner's tax liability. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Sections 42.42(c) and (d), Tax Code, are amended |
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12 | 12 | | to read as follows: |
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13 | 13 | | (c) If the final determination of an appeal occurs after the |
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14 | 14 | | property owner has paid a portion of the tax finally determined to |
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15 | 15 | | be due as required by Section 42.08, the assessor for each affected |
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16 | 16 | | taxing unit shall prepare and mail a supplemental tax bill in the |
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17 | 17 | | form and manner prescribed by Subsection (b). The additional tax is |
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18 | 18 | | due and becomes delinquent as provided by Subsection (b). If the |
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19 | 19 | | additional tax is not paid by the delinquency date for the |
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20 | 20 | | additional tax, [but] the property owner is liable for penalties |
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21 | 21 | | and interest on the tax included in the supplemental bill |
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22 | 22 | | calculated as provided by Section 33.01 as if the tax included in |
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23 | 23 | | the supplemental bill became delinquent on the original delinquency |
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24 | 24 | | date prescribed by Chapter 31. |
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25 | 25 | | (d) If the property owner did not pay any portion of the |
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26 | 26 | | taxes imposed on the property because the court found that payment |
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27 | 27 | | would constitute an unreasonable restraint on the owner's right of |
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28 | 28 | | access to the courts as provided by Section 42.08(d), after the |
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29 | 29 | | final determination of the appeal the assessor for each affected |
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30 | 30 | | taxing unit shall prepare and mail a supplemental tax bill in the |
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31 | 31 | | form and manner prescribed by Subsection (b). The additional tax is |
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32 | 32 | | due and becomes delinquent as provided by Subsection (b). If the |
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33 | 33 | | additional tax is not paid by the delinquency date for the |
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34 | 34 | | additional tax, [but] the property owner is liable for interest on |
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35 | 35 | | the tax included in the supplemental bill calculated as provided by |
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36 | 36 | | Section 33.01 as if the tax included in the supplemental bill became |
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37 | 37 | | delinquent on the delinquency date prescribed by Chapter 31. |
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38 | 38 | | SECTION 2. The changes in law made by this Act apply only to |
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39 | 39 | | an appeal under Chapter 42, Tax Code, that is filed on or after the |
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40 | 40 | | effective date of this Act. |
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41 | 41 | | SECTION 3. This Act takes effect September 1, 2019. |
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