Texas 2021 - 87th 1st C.S.

Texas House Bill HB105 Compare Versions

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11 By: Bernal H.B. No. 105
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44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to a study of the impact, feasibility, and advisability of
77 adopting a property tax system in which the disclosure of the sales
88 price of real property is required by law.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. (a) The comptroller shall conduct a study of the
1111 impact, feasibility, and advisability of adopting a property tax
1212 system in which the disclosure of the sales price of real property
1313 is required by law.
1414 (b) The comptroller shall establish an advisory committee
1515 to assist the comptroller in conducting the study. The advisory
1616 committee must be composed of:
1717 (1) the following representatives appointed by the
1818 comptroller:
1919 (A) one representative of a school district that
2020 is required to reduce its local revenue level under Section 48.257,
2121 Education Code;
2222 (B) one representative of a school district that
2323 receives state aid under Chapter 48, Education Code;
2424 (C) one member of a county commissioners court;
2525 (D) one member of the governing body of a
2626 municipality;
2727 (E) one member of the governing body of a
2828 political subdivision other than a school district, county, or
2929 municipality;
3030 (F) one or more representatives of appraisal
3131 districts;
3232 (G) one or more representatives of the profession
3333 of real estate agents;
3434 (H) one or more representatives of property tax
3535 payers;
3636 (I) one or more representatives of organizations
3737 interested in the effect of public policy on low-income and
3838 moderate-income households; and
3939 (J) one or more representatives of other
4040 appropriate interested organizations or members of the public, as
4141 determined by the comptroller;
4242 (2) one member of the house of representatives
4343 appointed by the speaker of the house of representatives; and
4444 (3) one member of the senate appointed by the
4545 lieutenant governor.
4646 (c) The comptroller, with the assistance of the advisory
4747 committee, shall study:
4848 (1) the impact on the property tax system, property
4949 tax revenue of school districts and other taxing units, the
5050 allocation of property tax burdens among taxpayers, and the cost to
5151 the state to fund public education:
5252 (A) under the current system in which the
5353 disclosure of the sales price of real property is not required by
5454 law; and
5555 (B) under a system in which the disclosure of the
5656 sales price of real property would be required by law;
5757 (2) the statutory and administrative changes that
5858 would be necessary to effectively collect, disseminate, and use
5959 sales price information;
6060 (3) the annual cost to purchase real property sales
6161 price information from a private entity, such as a multiple listing
6262 service, compared to the annual cost to obtain that information
6363 under a system in which the disclosure of the sales price of real
6464 property would be required by law; and
6565 (4) the annual cost to appraisal districts of all
6666 property tax protests and appeals filed under Chapters 41, 41A, and
6767 42, Tax Code, and Subchapter Z, Chapter 2003, Government Code.
6868 (d) In studying the allocation of property tax burdens among
6969 taxpayers, the comptroller and the advisory committee must compare
7070 the tax burden among property owners of each classification of real
7171 property, including a comparison of the burden on owners of:
7272 (1) commercial properties as compared to
7373 single-family residential properties;
7474 (2) industrial properties as compared to
7575 single-family residential properties; and
7676 (3) single-family residential properties for which
7777 the sales price of the property is provided by a private entity,
7878 such as a multiple listing service, to a chief appraiser for use by
7979 the chief appraiser in determining the appraised value of the
8080 property as compared to single-family residential properties for
8181 which the sales price is not provided.
8282 (e) The comptroller and the advisory committee shall
8383 prepare a report that:
8484 (1) makes findings and recommendations regarding the
8585 issues studied under Subsection (c) of this section;
8686 (2) forecasts the fiscal impact to state revenue for
8787 the following three state fiscal bienniums under a system in which
8888 the disclosure of the sales price of real property would be required
8989 by law as compared to a system in which the sales price of real
9090 property is not required by law; and
9191 (3) lists each type of taxing unit that would be
9292 impacted under a system in which the disclosure of the sales price
9393 of real property would be required by law.
9494 (f) The comptroller may contract with appraisal districts,
9595 taxing units, or other appropriate entities for assistance and to
9696 obtain information necessary to conduct the study. A state agency,
9797 appraisal district, or taxing unit shall assist the comptroller if
9898 the comptroller requests information or assistance in conducting
9999 the study.
100100 (g) Not later than December 1, 2022, the comptroller shall
101101 submit to the governor, lieutenant governor, and speaker of the
102102 house of representatives the report prepared under Subsection (e)
103103 of this section.
104104 SECTION 2. This Act expires September 1, 2023.
105105 SECTION 3. This Act takes effect immediately if it receives
106106 a vote of two-thirds of all the members elected to each house, as
107107 provided by Section 39, Article III, Texas Constitution. If this
108108 Act does not receive the vote necessary for immediate effect, this
109109 Act takes effect on the 91st day after the last day of the
110110 legislative session.