Texas 2019 - 86th Regular

Texas Senate Bill SB894

Caption

Relating to the additional tax imposed on land appraised for ad valorem tax purposes as agricultural, open-space, or timber land if the land is sold or diverted to a different use.

Impact

By implementing this additional tax on land converted from agricultural uses, SB 894 alters the tax burden on property owners. It introduces penalties for those changing land-use without appropriate compliance, emphasizing the importance of maintaining tax revenue from valuable non-agricultural developments. The stipulated additional taxes will cover the preceding three years calculated according to the market value, ensuring that revenue reflects the land's potential worth rather than its historical agricultural usage. This is expected to have significant implications for developers and landowners contemplating changes to land-use practices in Texas.

Summary

Senate Bill 894, relating to the additional tax imposed on land appraised for ad valorem tax purposes as agricultural, open-space, or timber land if the land is sold or diverted to a different use, seeks to amend existing provisions in the Texas Tax Code. The bill specifically addresses the circumstances under which property that has been designated for agricultural use is sold or converted to a non-agricultural purpose, mandating that an additional tax be levied based on historical tax assessment values. This aims to ensure that property owners transitioning land use are subject to appropriate tax adjustments according to market value rather than agricultural valuation, aimed at capturing the full economic value of the property for public revenue.

Sentiment

The sentiment regarding SB 894 appears to be mixed. Proponents with a focus on tax fair distribution suggest that imposing additional taxes on converted lands aligns with broader fiscal policies, ensuring that communities benefit financially from land-use transitions. Conversely, opponents may raise concerns about the equitable treatment of landowners and the potential financial strain this additional tax burden could place upon those wanting to sell or develop their properties, which could disproportionately impact smaller agricultural owners or those in economically sensitive situations.

Contention

Notable points of contention surrounding SB 894 involve the balance between state tax revenue needs and the rights of landowners. Critics may argue that imposing an additional tax post-sale or diversion is punitive towards owners who may not have anticipated such costs, particularly if they are transitioning for legitimate economic development purposes. Furthermore, the bill's provisions about tax lien attachment and the chief appraiser's determination role may lead to disputes regarding land-use changes, especially in communities where agriculture and development interests intersect.

Companion Bills

TX HB614

Same As Relating to the additional tax imposed on land appraised for ad valorem tax purposes as agricultural, open-space, or timber land if the land is sold or diverted to a different use.

TX HB614

Same As Relating to the additional tax imposed on land appraised for ad valorem tax purposes as agricultural, open-space, or timber land if the land is sold or diverted to a different use.

Similar Bills

TX HB3833

Relating to the appraisal of certain real property for ad valorem tax purposes.

TX HB614

Relating to the additional tax imposed on land appraised for ad valorem tax purposes as agricultural, open-space, or timber land if the land is sold or diverted to a different use.

TX HB2314

Relating to liability for interest if land appraised for ad valorem tax purposes as agricultural or open-space land is sold or diverted to a different use.

TX SB629

Relating to liability for interest if land appraised for ad valorem tax purposes as agricultural or open-space land is sold or diverted to a different use.

TX SB49

Relating to liability for interest if land appraised for ad valorem tax purposes as agricultural or open-space land is sold or diverted to a different use.

TX HB3754

Relating to powers and duties of the Office of Public Utility Counsel to represent residential and small commercial consumers in certain water or sewer utility service matters before the Texas Commission on Environmental Quality.

TX HB1520

Relating to certain extraordinary costs incurred by certain gas utilities relating to Winter Storm Uri and a study of measures to mitigate similar future costs; providing authority to issue bonds and impose fees and assessments.

TX SB1579

Relating to the recovery and securitization of extraordinary costs incurred by certain gas utilities; authority to issue bonds.