Texas 2021 - 87th Regular

Texas Senate Bill SB63 Compare Versions

OldNewDifferences
1-S.B. No. 63
1+87R25678 TJB-F
2+ By: Nelson, et al. S.B. No. 63
3+ (Meyer)
4+ Substitute the following for S.B. No. 63: No.
25
36
7+ A BILL TO BE ENTITLED
48 AN ACT
5- relating to the property tax appraisal system, including an
6- entitlement to a tax exemption based on the appraised value of
7- certain renewable energy devices.
9+ relating to the system for appraising property for ad valorem tax
10+ purposes.
811 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
912 SECTION 1. Section 5.03, Tax Code, is amended by adding
1013 Subsection (d) to read as follows:
1114 (d) Notwithstanding any other provision of this title, the
1215 comptroller may, after providing notice, require a document,
1316 payment, notice, report, or other item required to be submitted to
1417 the comptroller under this title to be submitted electronically and
1518 may send a document, payment, notice, report or other item the
1619 comptroller is required to send under this title electronically.
1720 The comptroller may adopt rules to administer this subsection,
1821 including rules specifying the format of an item electronically
1922 submitted to or sent by the comptroller.
2023 SECTION 2. Section 5.041, Tax Code, is amended by amending
2124 Subsections (b) and (e-1) and adding Subsection (i) to read as
2225 follows:
2326 (b) A member of the appraisal review board established for
2427 an appraisal district must complete the course established under
2528 Subsection (a). The course must provide at least eight hours of
2629 classroom or distance training and education. A member of the
2730 appraisal review board may not participate in a hearing conducted
2831 by the board unless the person has completed the course established
2932 under Subsection (a) and received a certificate of course
3033 completion.
3134 (e-1) In addition to the course established under
3235 Subsection (a), the comptroller shall approve curricula and provide
3336 materials for use in a continuing education course for members of an
3437 appraisal review board. The course must provide at least four hours
3538 of classroom or distance training and education. The curricula and
3639 materials must include information regarding:
3740 (1) the cost, income, and market data comparison
3841 methods of appraising property;
3942 (2) the appraisal of business personal property;
4043 (3) the determination of capitalization rates for
4144 property appraisal purposes;
4245 (4) the duties of an appraisal review board;
4346 (5) the requirements regarding the independence of an
4447 appraisal review board from the board of directors and the chief
4548 appraiser and other employees of the appraisal district;
4649 (6) the prohibitions against ex parte communications
4750 applicable to appraisal review board members;
4851 (7) the Uniform Standards of Professional Appraisal
4952 Practice;
5053 (8) the duty of the appraisal district to substantiate
5154 the district's determination of the value of property;
5255 (9) the requirements regarding the equal and uniform
5356 appraisal of property;
5457 (10) the right of a property owner to protest the
5558 appraisal of the property as provided by Chapter 41; and
5659 (11) a detailed explanation of each of the actions
5760 described by Sections 25.25, 41.41(a), 41.411, 41.412, 41.413,
5861 41.42, and 41.43 so that members are fully aware of each of the
5962 grounds on which a property appraisal can be appealed.
6063 (i) The comptroller may adopt rules to implement this
6164 section, including rules establishing criteria for course
6265 availability and for demonstrating course completion.
6366 SECTION 3. Section 6.035(a-1), Tax Code, is amended to read
6467 as follows:
6568 (a-1) An individual is ineligible to serve on the board of
6669 directors of an appraisal district [board of directors] if the
6770 individual:
6871 (1) has served as a member of the board of directors
6972 for all or part of five terms, unless:
7073 (A) the individual was the county
7174 assessor-collector at the time the individual served as a board
7275 member; or
7376 (B) the appraisal district is established in a
7477 county with a population of less than 120,000;
7578 (2) has engaged in the business of appraising property
7679 for compensation for use in proceedings under this title at any time
7780 during the preceding three years;
7881 (3) has engaged in the business [or] of representing
7982 property owners for compensation in proceedings under this title in
8083 the appraisal district at any time during the preceding three
8184 years; or
8285 (4) has been an employee of the appraisal district at
8386 any time during the preceding three years.
8487 SECTION 4. Section 6.054, Tax Code, is amended to read as
8588 follows:
8689 Sec. 6.054. RESTRICTION ON EMPLOYMENT BY APPRAISAL
8790 DISTRICT. An individual may not be employed by an appraisal
8891 district if the individual [is]:
8992 (1) is an officer of a taxing unit that participates
9093 in the appraisal district; [or]
9194 (2) is an employee of a taxing unit that participates
9295 in the appraisal district; or
9396 (3) has served as a member of the appraisal review
9497 board for the appraisal district at any time during the preceding
9598 two years.
9699 SECTION 5. Section 6.41(f), Tax Code, is amended to read as
97100 follows:
98101 (f) A member of the appraisal review board may be removed
99102 from the board by a majority vote of the appraisal district board of
100103 directors, or by the local administrative district judge or the
101104 judge's designee, as applicable, that appointed the member. Not
102105 later than the 90th day after the date the board of directors, local
103106 administrative district judge, or judge's designee that appointed a
104107 member of the appraisal review board learns of a potential ground
105108 for removal of the member, the board of directors, local
106109 administrative district judge, or judge's designee, as applicable,
107110 shall remove the member or find by official action that the member's
108111 removal is not warranted. Grounds for removal are:
109112 (1) a violation of Section 6.412, 6.413, 41.66(f), or
110113 41.69;
111114 (2) good cause relating to the attendance of members
112115 at called meetings of the board as established by written policy
113116 adopted by a majority of the appraisal district board of directors;
114117 or
115118 (3) evidence of repeated bias or misconduct.
116- SECTION 6. Section 11.27, Tax Code, is amended by amending
117- Subsection (a) and adding Subsection (a-1) to read as follows:
118- (a) A person is entitled to an exemption from taxation of
119- the amount of appraised value of real [his] property owned by the
120- person that arises from the installation or construction on the
121- property of a solar or wind-powered energy device that is primarily
122- for production and distribution of energy for on-site use.
123- (a-1) A person is entitled to an exemption from taxation of
124- the appraised value of a solar or wind-powered energy device owned
125- by the person that is installed or constructed on real property and
126- is primarily for production and distribution of energy for on-site
127- use regardless of whether the person owns the real property on which
128- the device is installed or constructed.
129- SECTION 7. Sections 11.45(a), (b), (d), and (e), Tax Code,
119+ SECTION 6. Sections 11.45(a), (b), (d), and (e), Tax Code,
130120 are amended to read as follows:
131121 (a) The chief appraiser shall determine separately each
132122 applicant's right to an exemption. After considering the
133123 application and all relevant information, the chief appraiser
134124 shall, as soon as practicable but not later than the 90th day after
135125 the later of the date the applicant first qualifies for the
136126 exemption or the date the applicant provides to the chief appraiser
137127 the information necessary for the chief appraiser to determine the
138128 applicant's right to the exemption, as the law and facts warrant:
139129 (1) approve the application and allow the exemption;
140130 (2) modify the exemption applied for and allow the
141131 exemption as modified;
142132 (3) disapprove the application and request additional
143133 information from the applicant in support of the claim; or
144134 (4) deny the application.
145135 (b) If the chief appraiser requires [requests] additional
146136 information from an applicant, the chief appraiser shall, as soon
147137 as practicable but not later than the 30th day after the date the
148138 application is filed with the chief appraiser, deliver a written
149139 notice to the applicant specifying the additional information the
150140 applicant must provide to the chief appraiser before the chief
151141 appraiser can determine the applicant's right to the exemption.
152142 The [the] applicant must furnish the information not later than the
153143 30th day [it within 30 days] after the date of the request or the
154144 application is denied. However, for good cause shown the chief
155145 appraiser may extend the deadline for furnishing the information by
156146 written order for a single period not to exceed 15 days.
157147 (d) If the chief appraiser modifies or denies an application
158148 [exemption], the chief appraiser [he] shall deliver a written
159149 notice of the modification or denial to the applicant not later than
160150 the fifth day [within five days] after the date the chief appraiser
161151 [he] makes the determination. The notice must state and fully
162152 explain each reason the chief appraiser modified or denied the
163153 application. The notice must [He shall] include [with the notice] a
164154 brief explanation of the procedures for protesting the modification
165155 or denial [his action].
166156 (e) If the chief appraiser approves, modifies, or denies an
167157 application for an exemption under Section 11.35, the chief
168158 appraiser shall deliver a written notice of the approval,
169159 modification, or denial to the applicant not later than the fifth
170160 day after the date the chief appraiser makes the determination. The
171161 notice must include the damage assessment rating assigned by the
172162 chief appraiser to each item of qualified property that is the
173163 subject of the application and a brief explanation of the
174164 procedures for protesting the chief appraiser's determination. If
175165 the chief appraiser modifies or denies the application, the notice
176166 must state and fully explain each reason the chief appraiser
177167 modified or denied the application. The notice required under this
178168 subsection is in lieu of any notice that would otherwise be required
179169 under Subsection (d).
180- SECTION 8. Sections 23.44(a), (b), and (d), Tax Code, are
170+ SECTION 7. Sections 23.44(a), (b), and (d), Tax Code, are
181171 amended to read as follows:
182172 (a) The chief appraiser shall determine individually each
183173 claimant's right to the agricultural designation. After
184174 considering the application and all relevant information, the chief
185175 appraiser shall, as soon as practicable but not later than the 90th
186176 day after the later of the date the claimant is first eligible for
187177 the agricultural designation or the date the claimant provides to
188178 the chief appraiser the information necessary for the chief
189179 appraiser to determine the claimant's right to the agricultural
190180 designation, as the law and facts warrant:
191181 (1) approve the application and designate the land for
192182 agricultural use;
193183 (2) disapprove the application and request additional
194184 information from the claimant in support of the claim; or
195185 (3) deny the application.
196186 (b) If the chief appraiser requires [requests] additional
197187 information from a claimant, the chief appraiser shall, as soon as
198188 practicable but not later than the 30th day after the date the
199189 application is filed with the chief appraiser, deliver a written
200190 notice to the claimant specifying the additional information the
201191 claimant must provide to the chief appraiser before the chief
202192 appraiser can determine the applicant's right to the agricultural
203193 designation. The [the] claimant must furnish the information not
204194 later than the 30th day [within 30 days] after the date of the
205195 request or the application is denied. However, for good cause shown
206196 the chief appraiser may extend the deadline for furnishing
207197 additional information by written order for a single period not to
208198 exceed 15 days.
209199 (d) If the chief appraiser denies an application, the chief
210200 appraiser [he] shall deliver a written notice of the denial to the
211201 claimant not later than the fifth day [within five days] after the
212202 date of denial. The notice must state and fully explain each reason
213203 the chief appraiser denied the application. The notice must
214204 include a brief explanation of the procedures for protesting the
215205 denial.
216- SECTION 9. Sections 23.57(a), (b), and (d), Tax Code, are
206+ SECTION 8. Sections 23.57(a), (b), and (d), Tax Code, are
217207 amended to read as follows:
218208 (a) The chief appraiser shall determine separately each
219209 applicant's right to have the applicant's [his] land appraised
220210 under this subchapter. After considering the application and all
221211 relevant information, the chief appraiser shall, as soon as
222212 practicable but not later than the 90th day after the later of the
223213 date the applicant's land is first eligible for appraisal under
224214 this subchapter or the date the applicant provides to the chief
225215 appraiser the information necessary for the chief appraiser to
226216 determine the applicant's right to have the applicant's land
227217 appraised under this subchapter, as the law and facts warrant:
228218 (1) approve the application and allow appraisal under
229219 this subchapter;
230220 (2) disapprove the application and request additional
231221 information from the applicant in support of the claim; or
232222 (3) deny the application.
233223 (b) If the chief appraiser requires [requests] additional
234224 information from an applicant, the chief appraiser shall, as soon
235225 as practicable but not later than the 30th day after the date the
236226 application is filed with the chief appraiser, deliver a written
237227 notice to the applicant specifying the additional information the
238228 applicant must provide to the chief appraiser before the chief
239229 appraiser can determine the applicant's right to have the
240230 applicant's land appraised under this subchapter. The [the]
241231 applicant must furnish the information not later than the 30th day
242232 [it within 30 days] after the date of the request or the application
243233 is denied. However, for good cause shown the chief appraiser may
244234 extend the deadline for furnishing the information by written order
245235 for a single period not to exceed 15 days.
246236 (d) If the chief appraiser denies an application, the chief
247237 appraiser [he] shall deliver a written notice of the denial to the
248238 applicant not later than the fifth day [within five days] after the
249239 date the chief appraiser [he] makes the determination. The notice
250240 must state and fully explain each reason the chief appraiser denied
251241 the application. The notice must [He shall] include [with the
252242 notice] a brief explanation of the procedures for protesting the
253243 denial [his action and a full explanation of the reasons for denial
254244 of the application].
255- SECTION 10. Sections 23.79(a), (b), and (d), Tax Code, are
245+ SECTION 9. Sections 23.79(a), (b), and (d), Tax Code, are
256246 amended to read as follows:
257247 (a) The chief appraiser shall determine separately each
258248 applicant's right to have the applicant's [his] land appraised
259249 under this subchapter. After considering the application and all
260250 relevant information, the chief appraiser shall, as soon as
261251 practicable but not later than the 90th day after the later of the
262252 date the applicant's land is first eligible for appraisal under
263253 this subchapter or the date the applicant provides to the chief
264254 appraiser the information necessary for the chief appraiser to
265255 determine the applicant's right to have the applicant's land
266256 appraised under this subchapter, as the law and facts warrant:
267257 (1) approve the application and allow appraisal under
268258 this subchapter;
269259 (2) disapprove the application and request additional
270260 information from the applicant in support of the claim; or
271261 (3) deny the application.
272262 (b) If the chief appraiser requires [requests] additional
273263 information from an applicant, the chief appraiser shall, as soon
274264 as practicable but not later than the 30th day after the date the
275265 application is filed with the chief appraiser, deliver a written
276266 notice to the applicant specifying the additional information the
277267 applicant must provide to the chief appraiser before the chief
278268 appraiser can determine the applicant's right to have the
279269 applicant's land appraised under this subchapter. The [the]
280270 applicant must furnish the information not later than the 30th day
281271 [it within 30 days] after the date of the request or the application
282272 is denied. However, for good cause shown the chief appraiser may
283273 extend the deadline for furnishing the information by written order
284274 for a single period not to exceed 15 days.
285275 (d) If the chief appraiser denies an application, the chief
286276 appraiser [he] shall deliver a written notice of the denial to the
287277 applicant not later than the fifth day [within five days] after the
288278 date the chief appraiser [he] makes the determination. The notice
289279 must state and fully explain each reason the chief appraiser denied
290280 the application. The notice must [He shall] include [with the
291281 notice] a brief explanation of the procedures for protesting the
292282 denial [his action].
293- SECTION 11. Sections 23.85(a), (b), and (d), Tax Code, are
283+ SECTION 10. Sections 23.85(a), (b), and (d), Tax Code, are
294284 amended to read as follows:
295285 (a) The chief appraiser shall determine individually each
296286 claimant's right to appraisal under this subchapter. After
297287 considering the application and all relevant information, the chief
298288 appraiser shall, as soon as practicable but not later than the 90th
299289 day after the later of the date the claimant is first eligible for
300290 appraisal under this subchapter or the date the claimant provides
301291 to the chief appraiser the information necessary for the chief
302292 appraiser to determine the claimant's right to appraisal under this
303293 subchapter, as the law and facts warrant:
304294 (1) approve the application and allow appraisal under
305295 this subchapter;
306296 (2) disapprove the application and request additional
307297 information from the claimant in support of the claim; or
308298 (3) deny the application.
309299 (b) If the chief appraiser requires [requests] additional
310300 information from a claimant, the chief appraiser shall, as soon as
311301 practicable but not later than the 30th day after the date the
312302 application is filed with the chief appraiser, deliver a written
313303 notice to the claimant specifying the additional information the
314304 claimant must provide to the chief appraiser before the chief
315305 appraiser can determine the claimant's right to appraisal under
316306 this subchapter. The [the] claimant must furnish the information
317307 not later than the 30th day [within 30 days] after the date of the
318308 request or the application is denied. However, for good cause shown
319309 the chief appraiser may extend the deadline for furnishing
320310 additional information by written order for a single period not to
321311 exceed 15 days.
322312 (d) If the chief appraiser denies an application, the chief
323313 appraiser [he] shall deliver a written notice of the denial to the
324314 claimant not later than the fifth day [within five days] after the
325315 date of denial. The notice must state and fully explain each reason
326316 the chief appraiser denied the application. The notice must
327317 include a brief explanation of the procedures for protesting the
328318 denial.
329- SECTION 12. Sections 23.95(a), (b), and (d), Tax Code, are
319+ SECTION 11. Sections 23.95(a), (b), and (d), Tax Code, are
330320 amended to read as follows:
331321 (a) The chief appraiser shall determine individually each
332322 claimant's right to appraisal under this subchapter. After
333323 considering the application and all relevant information, the chief
334324 appraiser shall, as soon as practicable but not later than the 90th
335325 day after the later of the date the claimant is first eligible for
336326 appraisal under this subchapter or the date the claimant provides
337327 to the chief appraiser the information necessary for the chief
338328 appraiser to determine the claimant's right to appraisal under this
339329 subchapter, as the law and facts warrant:
340330 (1) approve the application and allow appraisal under
341331 this subchapter;
342332 (2) disapprove the application and request additional
343333 information from the claimant in support of the claim; or
344334 (3) deny the application.
345335 (b) If the chief appraiser requires [requests] additional
346336 information from a claimant, the chief appraiser shall, as soon as
347337 practicable but not later than the 30th day after the date the
348338 application is filed with the chief appraiser, deliver a written
349339 notice to the claimant specifying the additional information the
350340 claimant must provide to the chief appraiser before the chief
351341 appraiser can determine the claimant's right to appraisal under
352342 this subchapter. The [the] claimant must furnish the information
353343 not later than the 30th day [within 30 days] after the date of the
354344 request or before April 15, whichever is earlier, or the
355345 application is denied. However, for good cause shown the chief
356346 appraiser may extend the deadline for furnishing additional
357347 information by written order for a single period not to exceed 15
358348 days.
359349 (d) If the chief appraiser denies an application, the chief
360350 appraiser [he] shall deliver a written notice of the denial to the
361351 claimant not later than the fifth day [within five days] after the
362352 date of denial. The notice must state and fully explain each reason
363353 the chief appraiser denied the application. The notice must include
364354 a brief explanation of the procedures for protesting the denial.
365- SECTION 13. Sections 23.9805(a), (b), and (d), Tax Code,
355+ SECTION 12. Sections 23.9805(a), (b), and (d), Tax Code,
366356 are amended to read as follows:
367357 (a) The chief appraiser shall determine separately each
368358 applicant's right to have the applicant's land appraised under this
369359 subchapter. After considering the application and all relevant
370360 information, the chief appraiser shall, as soon as practicable but
371361 not later than the 90th day after the later of the date the
372362 applicant's land is first eligible for appraisal under this
373363 subchapter or the date the applicant provides to the chief
374364 appraiser the information necessary for the chief appraiser to
375365 determine the applicant's right to have the applicant's land
376366 appraised under this subchapter, based on the law and facts:
377367 (1) approve the application and allow appraisal under
378368 this subchapter;
379369 (2) disapprove the application and request additional
380370 information from the applicant in support of the claim; or
381371 (3) deny the application.
382372 (b) If the chief appraiser requires [requests] additional
383373 information from an applicant, the chief appraiser shall, as soon
384374 as practicable but not later than the 30th day after the date the
385375 application is filed with the chief appraiser, deliver a written
386376 notice to the applicant specifying the additional information the
387377 applicant must provide to the chief appraiser before the chief
388378 appraiser can determine the applicant's right to have the
389379 applicant's land appraised under this subchapter. The [the]
390380 applicant must furnish the information [it] not later than the 30th
391381 day after the date of the request or the chief appraiser shall deny
392382 the application. However, for good cause shown, the chief
393383 appraiser may extend the deadline for furnishing the information by
394384 written order for a single period not to exceed 15 days.
395385 (d) If the chief appraiser denies an application, the chief
396386 appraiser shall deliver a written notice of the denial to the
397387 applicant not later than the fifth day after the date the chief
398388 appraiser makes the determination. The notice must state and fully
399389 explain each reason the chief appraiser denied the application.
400390 The chief appraiser shall include with the notice a brief
401391 explanation of the procedures for protesting the denial.
402- SECTION 14. Section 25.193(b), Tax Code, is amended to read
392+ SECTION 13. Section 25.193(b), Tax Code, is amended to read
403393 as follows:
404394 (b) If a property owner has elected to receive notices by
405395 e-mail as provided by Section 1.086, [for property described by
406396 that section,] the notice required by this section must be sent in
407397 that manner regardless of whether the information was also included
408398 in a notice under Section 25.19 and must be sent separately from any
409399 other notice sent to the property owner by the chief appraiser.
410- SECTION 15. Section 25.25(e), Tax Code, is amended to read
400+ SECTION 14. Section 25.25(e), Tax Code, is amended to read
411401 as follows:
412402 (e) If the chief appraiser and the property owner do not
413403 agree to the correction before the 15th day after the date the
414404 motion is filed, a party bringing a motion under Subsection (c) or
415405 (d) is entitled on request to a hearing on and a determination of
416406 the motion by the appraisal review board. A party bringing a motion
417407 under this section must describe the error or errors that the motion
418408 is seeking to correct. If a request for hearing is made on or after
419409 January 1 but before September 1, the appraisal review board shall
420410 schedule the hearing to be held as soon as practicable but not later
421411 than the 90th day after the date the board approves the appraisal
422412 records as provided by Section 41.12. If a request for hearing is
423413 made on or after September 1 but before January 1 of the following
424414 tax year, the appraisal review board shall schedule the hearing to
425415 be held as soon as practicable but not later than the 90th day after
426416 the date the request for the hearing is made. Not later than 15 days
427417 before the date of the hearing, the board shall deliver written
428418 notice of the date, time, and place of the hearing to the chief
429419 appraiser, the property owner, and the presiding officer of the
430420 governing body of each taxing unit in which the property is located.
431421 The chief appraiser, the property owner, and each taxing unit are
432422 entitled to present evidence and argument at the hearing and to
433423 receive written notice of the board's determination of the motion.
434424 The property owner is entitled to elect to present the owner's
435425 evidence and argument before, after, or between the cases presented
436426 by the chief appraiser and each taxing unit. A property owner who
437427 files the motion must comply with the payment requirements of
438428 Section 25.26 or forfeit the right to a final determination of the
439429 motion.
440- SECTION 16. Section 41.44(d), Tax Code, is amended to read
430+ SECTION 15. Section 41.44(d), Tax Code, is amended to read
441431 as follows:
442432 (d) A notice of protest is sufficient if it identifies the
443433 protesting property owner, including a person claiming an ownership
444434 interest in the property even if that person is not listed on the
445435 appraisal records as an owner of the property, identifies the
446436 property that is the subject of the protest, and indicates apparent
447437 dissatisfaction with some determination of the appraisal
448438 office. The notice need not be on an official form, but the
449439 comptroller shall prescribe a form that provides for more detail
450440 about the nature of the protest. The form must permit a property
451441 owner to include each property in the appraisal district that is the
452442 subject of a protest. If the form includes boxes a property owner
453443 is required to select from to indicate the reason the owner is
454444 filing a protest, the form must permit a property owner who believes
455445 that the owner's property was appraised at a value that exceeds its
456446 appraised value, was appraised unequally, or both, to select a
457447 single box to indicate that the owner is filing a protest for either
458448 or both reasons. The form must permit a property owner to request
459449 that the protest be heard by a special panel established under
460450 Section 6.425 if the protest will be determined by an appraisal
461451 review board to which that section applies and the property is
462452 included in a classification described by Section 6.425(b). The
463453 comptroller, each appraisal office, and each appraisal review board
464454 shall make the forms readily available and deliver one to a property
465455 owner on request.
466- SECTION 17. Section 41.45(a), Tax Code, is amended to read
456+ SECTION 16. Section 41.45(a), Tax Code, is amended to read
467457 as follows:
468458 (a) On the filing of a notice as required by Section 41.44,
469459 the appraisal review board shall schedule a hearing on the protest.
470460 The appraisal review board shall schedule the hearing to be held as
471461 soon as practicable but not later than the 90th day after the date
472462 the board approves the appraisal records as provided by Section
473463 41.12. If more than one protest is filed relating to the same
474464 property, the appraisal review board shall schedule a single
475465 hearing on all timely filed protests relating to the property. A
476466 hearing for a property that is owned in undivided or fractional
477467 interests, including separate interests in a mineral in place,
478468 shall be scheduled to provide for participation by all owners who
479469 have timely filed a protest.
480- SECTION 18. Section 41.46, Tax Code, is amended by adding
470+ SECTION 17. Section 41.46, Tax Code, is amended by adding
481471 Subsection (f) to read as follows:
482472 (f) This subsection applies only to the appraisal review
483473 board of an appraisal district established in a county with a
484474 population of 120,000 or more. In addition to the notice required
485475 by Subsection (a), on written request of the property owner
486476 initiating the protest, the appraisal review board shall deliver to
487477 the property owner an electronic reminder stating the date, time,
488478 and place of the protest hearing that is the subject of the notice.
489479 The property owner may request that delivery of the electronic
490480 reminder be made by e-mail or text message. The property owner must
491481 provide in the request the e-mail address or telephone number, as
492482 applicable, to which the appraisal review board must send the
493483 reminder. The appraisal review board must deliver the electronic
494484 reminder to the property owner not earlier than the seventh day
495485 after the date the appraisal review board delivers the notice
496486 required by Subsection (a) and not later than the day before the
497487 date of the hearing. Failure to deliver the electronic reminder
498488 required by this subsection is not considered a failure to provide
499489 or deliver notice under Section 41.411.
500- SECTION 19. Section 41.67, Tax Code, is amended by adding
490+ SECTION 18. Section 41.67, Tax Code, is amended by adding
501491 Subsection (e) to read as follows:
502492 (e) The chief appraiser may not offer evidence or argument
503493 at a hearing on a protest in support of a reason for modifying or
504494 denying an application other than a reason stated in a notice
505495 delivered to the applicant under Section 11.45(d) or (e), 23.44(d),
506496 23.57(d), 23.79(d), 23.85(d), 23.95(d), or 23.9805(d) unless the
507497 chief appraiser:
508498 (1) provides written notice to the property owner of
509499 the additional reason for modifying or denying the application not
510500 later than the 14th day before the date of the hearing; and
511501 (2) establishes that the additional reason was not
512502 known to the chief appraiser at the time the chief appraiser
513503 delivered to the applicant the notice under Section 11.45(d) or
514504 (e), 23.44(d), 23.57(d), 23.79(d), 23.85(d), 23.95(d), or
515505 23.9805(d).
516- SECTION 20. (a) Section 6.035(a-1), Tax Code, as amended by
506+ SECTION 19. (a) Section 6.035(a-1), Tax Code, as amended by
517507 this Act, does not affect the eligibility of a person serving as an
518508 appointed member of the board of directors of an appraisal district
519509 immediately before the effective date of this Act to continue to
520510 serve on the board for the remainder of the term to which the member
521511 was appointed.
522512 (b) Service as an appointed member of the board of directors
523513 of an appraisal district before January 1, 2022, does not count for
524514 purposes of determining whether a person is ineligible to serve on
525515 the board of directors of an appraisal district under Section
526516 6.035(a-1)(1), Tax Code, as added by this Act.
527- SECTION 21. Section 6.054, Tax Code, as amended by this Act,
517+ SECTION 20. Section 6.054, Tax Code, as amended by this Act,
528518 applies only to a former member of an appraisal review board first
529519 employed by an appraisal district on or after the effective date of
530520 this Act.
531- SECTION 22. Section 6.41(f), Tax Code, as amended by this
521+ SECTION 21. Section 6.41(f), Tax Code, as amended by this
532522 Act, applies only to a potential ground for removal of a member of
533523 an appraisal review board that an appraisal district board of
534524 directors, local administrative district judge, or local
535525 administrative district judge's designee, as applicable, first
536526 learns of on or after the effective date of this Act.
537- SECTION 23. The amendment made by this Act to Section 11.27,
538- Tax Code, is a clarification of existing law and does not imply that
539- existing law may be construed as inconsistent with the law as
540- amended by this Act.
541- SECTION 24. Sections 11.45(a) and (b), 23.44(a) and (b),
527+ SECTION 22. Sections 11.45(a) and (b), 23.44(a) and (b),
542528 23.57(a) and (b), 23.79(a) and (b), 23.85(a) and (b), 23.95(a) and
543529 (b), and 23.9805(a) and (b), Tax Code, as amended by this Act, apply
544530 only to an application filed with a chief appraiser on or after the
545531 effective date of this Act.
546- SECTION 25. Sections 11.45(d) and (e), 23.44(d), 23.57(d),
532+ SECTION 23. Sections 11.45(d) and (e), 23.44(d), 23.57(d),
547533 23.79(d), 23.85(d), 23.95(d), and 23.9805(d), Tax Code, as amended
548534 by this Act, apply only to a notice required to be delivered by a
549535 chief appraiser on or after the effective date of this Act.
550- SECTION 26. Section 25.25(e), Tax Code, as amended by this
536+ SECTION 24. Section 25.25(e), Tax Code, as amended by this
551537 Act, applies only to a motion to correct an appraisal roll filed on
552538 or after the effective date of this Act.
553- SECTION 27. Sections 41.45, 41.46, and 41.67, Tax Code, as
539+ SECTION 25. Sections 41.45, 41.46, and 41.67, Tax Code, as
554540 amended by this Act, apply only to a protest for which the notice of
555541 protest was filed on or after the effective date of this Act.
556- SECTION 28. This Act takes effect September 1, 2021.
557- ______________________________ ______________________________
558- President of the Senate Speaker of the House
559- I hereby certify that S.B. No. 63 passed the Senate on
560- April 23, 2021, by the following vote: Yeas 31, Nays 0; and that
561- the Senate concurred in House amendments on May 28, 2021, by the
562- following vote: Yeas 31, Nays 0.
563- ______________________________
564- Secretary of the Senate
565- I hereby certify that S.B. No. 63 passed the House, with
566- amendments, on May 25, 2021, by the following vote: Yeas 145,
567- Nays 0, one present not voting.
568- ______________________________
569- Chief Clerk of the House
570- Approved:
571- ______________________________
572- Date
573- ______________________________
574- Governor
542+ SECTION 26. This Act takes effect September 1, 2021.