1 | 1 | | By: Bernal H.B. No. 105 |
---|
2 | 2 | | |
---|
3 | 3 | | |
---|
4 | 4 | | A BILL TO BE ENTITLED |
---|
5 | 5 | | AN ACT |
---|
6 | 6 | | relating to a study of the impact, feasibility, and advisability of |
---|
7 | 7 | | adopting a property tax system in which the disclosure of the sales |
---|
8 | 8 | | price of real property is required by law. |
---|
9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
10 | 10 | | SECTION 1. (a) The comptroller shall conduct a study of the |
---|
11 | 11 | | impact, feasibility, and advisability of adopting a property tax |
---|
12 | 12 | | system in which the disclosure of the sales price of real property |
---|
13 | 13 | | is required by law. |
---|
14 | 14 | | (b) The comptroller shall establish an advisory committee |
---|
15 | 15 | | to assist the comptroller in conducting the study. The advisory |
---|
16 | 16 | | committee must be composed of: |
---|
17 | 17 | | (1) the following representatives appointed by the |
---|
18 | 18 | | comptroller: |
---|
19 | 19 | | (A) one representative of a school district that |
---|
20 | 20 | | is required to reduce its local revenue level under Section 48.257, |
---|
21 | 21 | | Education Code; |
---|
22 | 22 | | (B) one representative of a school district that |
---|
23 | 23 | | receives state aid under Chapter 48, Education Code; |
---|
24 | 24 | | (C) one member of a county commissioners court; |
---|
25 | 25 | | (D) one member of the governing body of a |
---|
26 | 26 | | municipality; |
---|
27 | 27 | | (E) one member of the governing body of a |
---|
28 | 28 | | political subdivision other than a school district, county, or |
---|
29 | 29 | | municipality; |
---|
30 | 30 | | (F) one or more representatives of appraisal |
---|
31 | 31 | | districts; |
---|
32 | 32 | | (G) one or more representatives of the profession |
---|
33 | 33 | | of real estate agents; |
---|
34 | 34 | | (H) one or more representatives of property tax |
---|
35 | 35 | | payers; |
---|
36 | 36 | | (I) one or more representatives of organizations |
---|
37 | 37 | | interested in the effect of public policy on low-income and |
---|
38 | 38 | | moderate-income households; and |
---|
39 | 39 | | (J) one or more representatives of other |
---|
40 | 40 | | appropriate interested organizations or members of the public, as |
---|
41 | 41 | | determined by the comptroller; |
---|
42 | 42 | | (2) one member of the house of representatives |
---|
43 | 43 | | appointed by the speaker of the house of representatives; and |
---|
44 | 44 | | (3) one member of the senate appointed by the |
---|
45 | 45 | | lieutenant governor. |
---|
46 | 46 | | (c) The comptroller, with the assistance of the advisory |
---|
47 | 47 | | committee, shall study: |
---|
48 | 48 | | (1) the impact on the property tax system, property |
---|
49 | 49 | | tax revenue of school districts and other taxing units, the |
---|
50 | 50 | | allocation of property tax burdens among taxpayers, and the cost to |
---|
51 | 51 | | the state to fund public education: |
---|
52 | 52 | | (A) under the current system in which the |
---|
53 | 53 | | disclosure of the sales price of real property is not required by |
---|
54 | 54 | | law; and |
---|
55 | 55 | | (B) under a system in which the disclosure of the |
---|
56 | 56 | | sales price of real property would be required by law; |
---|
57 | 57 | | (2) the statutory and administrative changes that |
---|
58 | 58 | | would be necessary to effectively collect, disseminate, and use |
---|
59 | 59 | | sales price information; |
---|
60 | 60 | | (3) the annual cost to purchase real property sales |
---|
61 | 61 | | price information from a private entity, such as a multiple listing |
---|
62 | 62 | | service, compared to the annual cost to obtain that information |
---|
63 | 63 | | under a system in which the disclosure of the sales price of real |
---|
64 | 64 | | property would be required by law; and |
---|
65 | 65 | | (4) the annual cost to appraisal districts of all |
---|
66 | 66 | | property tax protests and appeals filed under Chapters 41, 41A, and |
---|
67 | 67 | | 42, Tax Code, and Subchapter Z, Chapter 2003, Government Code. |
---|
68 | 68 | | (d) In studying the allocation of property tax burdens among |
---|
69 | 69 | | taxpayers, the comptroller and the advisory committee must compare |
---|
70 | 70 | | the tax burden among property owners of each classification of real |
---|
71 | 71 | | property, including a comparison of the burden on owners of: |
---|
72 | 72 | | (1) commercial properties as compared to |
---|
73 | 73 | | single-family residential properties; |
---|
74 | 74 | | (2) industrial properties as compared to |
---|
75 | 75 | | single-family residential properties; and |
---|
76 | 76 | | (3) single-family residential properties for which |
---|
77 | 77 | | the sales price of the property is provided by a private entity, |
---|
78 | 78 | | such as a multiple listing service, to a chief appraiser for use by |
---|
79 | 79 | | the chief appraiser in determining the appraised value of the |
---|
80 | 80 | | property as compared to single-family residential properties for |
---|
81 | 81 | | which the sales price is not provided. |
---|
82 | 82 | | (e) The comptroller and the advisory committee shall |
---|
83 | 83 | | prepare a report that: |
---|
84 | 84 | | (1) makes findings and recommendations regarding the |
---|
85 | 85 | | issues studied under Subsection (c) of this section; |
---|
86 | 86 | | (2) forecasts the fiscal impact to state revenue for |
---|
87 | 87 | | the following three state fiscal bienniums under a system in which |
---|
88 | 88 | | the disclosure of the sales price of real property would be required |
---|
89 | 89 | | by law as compared to a system in which the sales price of real |
---|
90 | 90 | | property is not required by law; and |
---|
91 | 91 | | (3) lists each type of taxing unit that would be |
---|
92 | 92 | | impacted under a system in which the disclosure of the sales price |
---|
93 | 93 | | of real property would be required by law. |
---|
94 | 94 | | (f) The comptroller may contract with appraisal districts, |
---|
95 | 95 | | taxing units, or other appropriate entities for assistance and to |
---|
96 | 96 | | obtain information necessary to conduct the study. A state agency, |
---|
97 | 97 | | appraisal district, or taxing unit shall assist the comptroller if |
---|
98 | 98 | | the comptroller requests information or assistance in conducting |
---|
99 | 99 | | the study. |
---|
100 | 100 | | (g) Not later than December 1, 2022, the comptroller shall |
---|
101 | 101 | | submit to the governor, lieutenant governor, and speaker of the |
---|
102 | 102 | | house of representatives the report prepared under Subsection (e) |
---|
103 | 103 | | of this section. |
---|
104 | 104 | | SECTION 2. This Act expires September 1, 2023. |
---|
105 | 105 | | SECTION 3. This Act takes effect immediately if it receives |
---|
106 | 106 | | a vote of two-thirds of all the members elected to each house, as |
---|
107 | 107 | | provided by Section 39, Article III, Texas Constitution. If this |
---|
108 | 108 | | Act does not receive the vote necessary for immediate effect, this |
---|
109 | 109 | | Act takes effect on the 91st day after the last day of the |
---|
110 | 110 | | legislative session. |
---|