Texas 2021 - 87th 2nd C.S.

Texas House Bill HB160 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 87S20034 SMT-D
22 By: King of Parker H.B. No. 160
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the repeal of the additional ad valorem taxes imposed as
88 a result of a sale or change of use of certain land.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 ARTICLE 1. REPEAL OF ADDITIONAL TAX PROVISIONS IN SUBCHAPTERS C, D,
1111 E, F, G, AND H, CHAPTER 23, TAX CODE
1212 SECTION 1.01. Section 1.07(d), Tax Code, is amended to read
1313 as follows:
1414 (d) A notice required by Section 11.43(q), 11.45(d),
1515 23.44(d), [23.46(c) or (f),] 23.54(e), 23.541(c), [23.55(e),]
1616 23.551(a), 23.57(d), [23.76(e),] 23.79(d), or 23.85(d) must be sent
1717 by certified mail.
1818 SECTION 1.02. Section 23.52(e), Tax Code, is amended to
1919 read as follows:
2020 (e) The [For the purposes of Section 23.55 of this code,
2121 the] chief appraiser [also] shall determine the market value of
2222 qualified open-space land and shall record both the market value
2323 and the appraised value in the appraisal records.
2424 SECTION 1.03. Section 23.524(e), Tax Code, is amended to
2525 read as follows:
2626 (e) Notwithstanding Subsection (b) or (c), the eligibility
2727 of [For the purposes of this subchapter, a change of use of the]
2828 land subject to this section for appraisal under this subchapter is
2929 considered to have ended [occurred] on the day the period
3030 prescribed by Subsection (c) begins if the owner has not fully
3131 complied with the terms of the agreement described by Subsection
3232 (b) on the date the agreement ends.
3333 SECTION 1.04. Sections 23.551(a) and (d), Tax Code, are
3434 amended to read as follows:
3535 (a) If land appraised as provided by this subchapter is
3636 owned by an individual 65 years of age or older, before making a
3737 determination that [a change in use of] the land is no longer
3838 eligible for appraisal under this subchapter [has occurred], the
3939 chief appraiser shall deliver a written notice to the owner stating
4040 that the chief appraiser believes [a change in use of] the land may
4141 no longer be eligible for appraisal under this subchapter [have
4242 occurred].
4343 (d) If the chief appraiser does not receive a response on or
4444 before the 60th day after the date the notice is mailed, the chief
4545 appraiser must make a reasonable effort to locate the owner and
4646 determine whether the land remains eligible to be appraised as
4747 provided by this subchapter before determining that [a change in
4848 use of] the land is no longer eligible for appraisal under this
4949 subchapter [has occurred].
5050 SECTION 1.05. Section 23.73(c), Tax Code, is amended to
5151 read as follows:
5252 (c) The [For the purposes of Section 23.76 of this code,
5353 the] chief appraiser [also] shall determine the market value of
5454 qualified timber land and shall record both the market value and the
5555 appraised value in the appraisal records.
5656 SECTION 1.06. Section 31.01(c), Tax Code, is amended to
5757 read as follows:
5858 (c) The tax bill or a separate statement accompanying the
5959 tax bill shall:
6060 (1) identify the property subject to the tax;
6161 (2) state the appraised value, assessed value, and
6262 taxable value of the property;
6363 (3) if the property is land appraised as provided by
6464 Subchapter C, D, E, or H, Chapter 23, state the market value of the
6565 land [and the taxable value for purposes of deferred or additional
6666 taxation as provided by Section 23.46, 23.55, 23.76, or 23.9807, as
6767 applicable];
6868 (4) state the assessment ratio for the taxing unit;
6969 (5) state the type and amount of any partial exemption
7070 applicable to the property, indicating whether it applies to
7171 appraised or assessed value;
7272 (6) state the total tax rate for the taxing unit;
7373 (7) state the amount of tax due, the due date, and the
7474 delinquency date;
7575 (8) explain the payment option and discounts provided
7676 by Sections 31.03 and 31.05, if available to the taxing unit's
7777 taxpayers, and state the date on which each of the discount periods
7878 provided by Section 31.05 concludes, if the discounts are
7979 available;
8080 (9) state the rates of penalty and interest imposed
8181 for delinquent payment of the tax;
8282 (10) include the name and telephone number of the
8383 assessor for the taxing unit and, if different, of the collector for
8484 the taxing unit;
8585 (11) for real property, state for the current tax year
8686 and each of the preceding five tax years:
8787 (A) the appraised value and taxable value of the
8888 property;
8989 (B) the total tax rate for the taxing unit;
9090 (C) the amount of taxes imposed on the property
9191 by the taxing unit; and
9292 (D) the difference, expressed as a percent
9393 increase or decrease, as applicable, in the amount of taxes imposed
9494 on the property by the taxing unit compared to the amount imposed
9595 for the preceding tax year; and
9696 (12) for real property, state the differences,
9797 expressed as a percent increase or decrease, as applicable, in the
9898 following for the current tax year as compared to the fifth tax year
9999 before that tax year:
100100 (A) the appraised value and taxable value of the
101101 property;
102102 (B) the total tax rate for the taxing unit; and
103103 (C) the amount of taxes imposed on the property
104104 by the taxing unit.
105105 SECTION 1.07. Section 41.41(a), Tax Code, is amended to
106106 read as follows:
107107 (a) A property owner is entitled to protest before the
108108 appraisal review board the following actions:
109109 (1) determination of the appraised value of the
110110 owner's property or, in the case of land appraised as provided by
111111 Subchapter C, D, E, or H, Chapter 23, determination of its appraised
112112 or market value;
113113 (2) unequal appraisal of the owner's property;
114114 (3) inclusion of the owner's property on the appraisal
115115 records;
116116 (4) denial to the property owner in whole or in part of
117117 a partial exemption;
118118 (5) determination that the owner's land does not
119119 qualify for appraisal as provided by Subchapter C, D, E, or H,
120120 Chapter 23;
121121 (6) identification of the taxing units in which the
122122 owner's property is taxable in the case of the appraisal district's
123123 appraisal roll;
124124 (7) determination that the property owner is the owner
125125 of property; or
126126 (8) [a determination that a change in use of land
127127 appraised under Subchapter C, D, E, or H, Chapter 23, has occurred;
128128 or
129129 [(9)] any other action of the chief appraiser,
130130 appraisal district, or appraisal review board that applies to and
131131 adversely affects the property owner.
132132 SECTION 1.08. Sections 41.44(a) and (c), Tax Code, are
133133 amended to read as follows:
134134 (a) Except as provided by Subsections (b), (c), (c-1), and
135135 (c-2), to be entitled to a hearing and determination of a protest,
136136 the property owner initiating the protest must file a written
137137 notice of the protest with the appraisal review board having
138138 authority to hear the matter protested:
139139 (1) not later than May 15 or the 30th day after the
140140 date that notice to the property owner was delivered to the property
141141 owner as provided by Section 25.19, whichever is later;
142142 (2) in the case of a protest of a change in the
143143 appraisal records ordered as provided by Subchapter A of this
144144 chapter or by Chapter 25, not later than the 30th day after the date
145145 notice of the change is delivered to the property owner;
146146 (3) [in the case of a determination that a change in
147147 the use of land appraised under Subchapter C, D, E, or H, Chapter
148148 23, has occurred, not later than the 30th day after the date the
149149 notice of the determination is delivered to the property owner;
150150 [(4)] in the case of a determination of eligibility
151151 for a refund under Section 23.1243, not later than the 30th day
152152 after the date the notice of the determination is delivered to the
153153 property owner; or
154154 (4) [(5)] in the case of a protest of the modification
155155 or denial of an application for an exemption under Section 11.35, or
156156 the determination of an appropriate damage assessment rating for an
157157 item of qualified property under that section, not later than the
158158 30th day after the date the property owner receives the notice
159159 required under Section 11.45(e).
160160 (c) A property owner who files notice of a protest
161161 authorized by Section 41.411 is entitled to a hearing and
162162 determination of the protest if the property owner files the notice
163163 prior to the date the taxes on the property to which the notice
164164 applies become delinquent. [An owner of land who files a notice of
165165 protest under Subsection (a)(3) is entitled to a hearing and
166166 determination of the protest without regard to whether the
167167 appraisal records are approved.]
168168 SECTION 1.09. Section 60.022, Agriculture Code, is amended
169169 to read as follows:
170170 Sec. 60.022. CONTENTS OF PETITION. A petition filed under
171171 Section 60.021 must:
172172 (1) describe the boundaries of the proposed district
173173 by metes and bounds or by lot and block number, if there is a
174174 recorded map or plat and survey of the area;
175175 (2) include a name for the proposed district, which
176176 must include the term "Agricultural Development District";
177177 (3) be signed by the landowners of any land to be
178178 included within the proposed district and provide an acknowledgment
179179 consistent with Section 121.001, Civil Practice and Remedies Code,
180180 that the landowners desire the land to be included in the district;
181181 (4) include the names of at least five persons who are
182182 willing and qualified to serve as temporary directors of the
183183 district;
184184 (5) name each county in which any agricultural
185185 facilities to be owned by the district are to be located;
186186 (6) name each municipality in which any part of the
187187 district is to be located;
188188 (7) state the general nature of the proposed
189189 development and the cost of the development as then estimated by the
190190 petitioners;
191191 (8) state the necessity and feasibility of the
192192 proposed district and whether the district will serve the public
193193 purpose of furthering agricultural interests;
194194 (9) include a pledge that the district will make
195195 payments in lieu of taxes to any school district and county in which
196196 any real property to be owned by the district is located, in [as
197197 follows:
198198 [(A)] annual payments to each entity that are
199199 equal to the amount of taxes imposed on the real property by the
200200 entity in the year of the district's creation; and
201201 [(B) a payment to each entity equal to the amount
202202 that would be due under Section 23.55, Tax Code, on the district's
203203 date of creation; and]
204204 (10) include a pledge that, if the district employs
205205 more than 50 persons, the district will make payments in lieu of
206206 taxes to any school district, in addition to those made under
207207 Subdivision (9), in an amount negotiated between the district and
208208 the school district.
209209 SECTION 1.10. Section 21.0421(e), Property Code, is amended
210210 to read as follows:
211211 (e) This section does not[:
212212 [(1)] authorize groundwater rights appraised
213213 separately from the real property under this section to be
214214 appraised separately from real property for property tax appraisal
215215 purposes[; or
216216 [(2) subject real property condemned for the purpose
217217 described by Subsection (a) to an additional tax as provided by
218218 Section 23.46 or 23.55, Tax Code].
219219 SECTION 1.11. Subsection (a), Section 23.46, Tax Code, is
220220 transferred to Section 23.41, Tax Code, and redesignated as
221221 Subsection (c), Section 23.41, Tax Code, to read as follows:
222222 (c) [(a)] When appraising land designated for agricultural
223223 use, the chief appraiser also shall appraise the land at its market
224224 value and shall record both the market value and the value based on
225225 its capacity to produce agricultural products in the appraisal
226226 records.
227227 SECTION 1.12. The following provisions of the Tax Code are
228228 repealed:
229229 (1) Section 23.20(g);
230230 (2) the heading to Section 23.46;
231231 (3) Sections 23.46(b), (c), (d), (e), and (f);
232232 (4) Sections 23.46(e-1) and (g), as added by S.B.
233233 No. 725, Acts of the 87th Legislature, Regular Session, 2021, and
234234 effective September 1, 2021;
235235 (5) Sections 23.47(c) and (d);
236236 (6) Section 23.55;
237237 (7) Sections 23.58(c) and (d);
238238 (8) Section 23.76;
239239 (9) Section 23.86;
240240 (10) Section 23.96; and
241241 (11) Section 23.9807.
242242 SECTION 1.13. The repeal of Sections 23.46, 23.55, 23.76,
243243 23.86, 23.96, and 23.9807, Tax Code, by this Act does not affect an
244244 additional tax imposed as a result of a sale or change of use of land
245245 appraised under Subchapter C, D, E, F, G, or H, Chapter 23, Tax
246246 Code, that occurred before the effective date of this Act, and the
247247 former law is continued in effect for purposes of that tax.
248248 ARTICLE 2. REPEAL OF ADDITIONAL TAX PROVISIONS IN SUBCHAPTERS D, E,
249249 F, G, AND H, CHAPTER 23, TAX CODE
250250 SECTION 2.01. Section 1.07(d), Tax Code, is amended to read
251251 as follows:
252252 (d) A notice required by Section 11.43(q), 11.45(d),
253253 23.44(d), 23.46(c) or (f), 23.54(e), 23.541(c), [23.55(e),]
254254 23.551(a), 23.57(d), [23.76(e),] 23.79(d), or 23.85(d) must be sent
255255 by certified mail.
256256 SECTION 2.02. Section 23.20(g), Tax Code, is amended to
257257 read as follows:
258258 (g) A waiver of a special appraisal of property under
259259 Subchapter C[, D, E, F, or G of this chapter] does not constitute a
260260 change of use of the property or diversion of the property to
261261 another use for purposes of the imposition of additional taxes
262262 under that subchapter [any of those subchapters].
263263 SECTION 2.03. Section 23.52(e), Tax Code, is amended to
264264 read as follows:
265265 (e) The [For the purposes of Section 23.55 of this code,
266266 the] chief appraiser [also] shall determine the market value of
267267 qualified open-space land and shall record both the market value
268268 and the appraised value in the appraisal records.
269269 SECTION 2.04. Section 23.524(e), Tax Code, is amended to
270270 read as follows:
271271 (e) Notwithstanding Subsection (b) or (c), the eligibility
272272 of [For the purposes of this subchapter, a change of use of the]
273273 land subject to this section for appraisal under this subchapter is
274274 considered to have ended [occurred] on the day the period
275275 prescribed by Subsection (c) begins if the owner has not fully
276276 complied with the terms of the agreement described by Subsection
277277 (b) on the date the agreement ends.
278278 SECTION 2.05. Sections 23.551(a) and (d), Tax Code, are
279279 amended to read as follows:
280280 (a) If land appraised as provided by this subchapter is
281281 owned by an individual 65 years of age or older, before making a
282282 determination that [a change in use of] the land is no longer
283283 eligible for appraisal under this subchapter [has occurred], the
284284 chief appraiser shall deliver a written notice to the owner stating
285285 that the chief appraiser believes [a change in use of] the land may
286286 no longer be eligible for appraisal under this subchapter [have
287287 occurred].
288288 (d) If the chief appraiser does not receive a response on or
289289 before the 60th day after the date the notice is mailed, the chief
290290 appraiser must make a reasonable effort to locate the owner and
291291 determine whether the land remains eligible to be appraised as
292292 provided by this subchapter before determining that [a change in
293293 use of] the land is no longer eligible for appraisal under this
294294 subchapter [has occurred].
295295 SECTION 2.06. Section 23.73(c), Tax Code, is amended to
296296 read as follows:
297297 (c) The [For the purposes of Section 23.76 of this code,
298298 the] chief appraiser [also] shall determine the market value of
299299 qualified timber land and shall record both the market value and the
300300 appraised value in the appraisal records.
301301 SECTION 2.07. Sections 31.01(c) and (c-1), Tax Code, are
302302 amended to read as follows:
303303 (c) The tax bill or a separate statement accompanying the
304304 tax bill shall:
305305 (1) identify the property subject to the tax;
306306 (2) state the appraised value, assessed value, and
307307 taxable value of the property;
308308 (3) if the property is land appraised as provided by
309309 Subchapter C, [D, E, or H,] Chapter 23, state the market value and
310310 the taxable value for purposes of deferred or additional taxation
311311 as provided by Section 23.46[, 23.55, 23.76, or 23.9807, as
312312 applicable];
313313 (4) if the property is land appraised as provided by
314314 Subchapter D, E, or H, Chapter 23, state the market value of the
315315 land;
316316 (5) state the assessment ratio for the taxing unit;
317317 (6) [(5)] state the type and amount of any partial
318318 exemption applicable to the property, indicating whether it applies
319319 to appraised or assessed value;
320320 (7) [(6)] state the total tax rate for the taxing
321321 unit;
322322 (8) [(7)] state the amount of tax due, the due date,
323323 and the delinquency date;
324324 (9) [(8)] explain the payment option and discounts
325325 provided by Sections 31.03 and 31.05, if available to the taxing
326326 unit's taxpayers, and state the date on which each of the discount
327327 periods provided by Section 31.05 concludes, if the discounts are
328328 available;
329329 (10) [(9)] state the rates of penalty and interest
330330 imposed for delinquent payment of the tax;
331331 (11) [(10)] include the name and telephone number of
332332 the assessor for the taxing unit and, if different, of the collector
333333 for the taxing unit;
334334 (12) [(11)] for real property, state for the current
335335 tax year and each of the preceding five tax years:
336336 (A) the appraised value and taxable value of the
337337 property;
338338 (B) the total tax rate for the taxing unit;
339339 (C) the amount of taxes imposed on the property
340340 by the taxing unit; and
341341 (D) the difference, expressed as a percent
342342 increase or decrease, as applicable, in the amount of taxes imposed
343343 on the property by the taxing unit compared to the amount imposed
344344 for the preceding tax year; and
345345 (13) [(12)] for real property, state the differences,
346346 expressed as a percent increase or decrease, as applicable, in the
347347 following for the current tax year as compared to the fifth tax year
348348 before that tax year:
349349 (A) the appraised value and taxable value of the
350350 property;
351351 (B) the total tax rate for the taxing unit; and
352352 (C) the amount of taxes imposed on the property
353353 by the taxing unit.
354354 (c-1) If for any of the preceding six tax years any
355355 information required by Subsection (c)(12) [(c)(11)] or (13) [(12)]
356356 to be included in a tax bill or separate statement is unavailable,
357357 the tax bill or statement must state that the information is not
358358 available for that year.
359359 SECTION 2.08. Section 41.41(a), Tax Code, is amended to
360360 read as follows:
361361 (a) A property owner is entitled to protest before the
362362 appraisal review board the following actions:
363363 (1) determination of the appraised value of the
364364 owner's property or, in the case of land appraised as provided by
365365 Subchapter C, D, E, or H, Chapter 23, determination of its appraised
366366 or market value;
367367 (2) unequal appraisal of the owner's property;
368368 (3) inclusion of the owner's property on the appraisal
369369 records;
370370 (4) denial to the property owner in whole or in part of
371371 a partial exemption;
372372 (5) determination that the owner's land does not
373373 qualify for appraisal as provided by Subchapter C, D, E, or H,
374374 Chapter 23;
375375 (6) identification of the taxing units in which the
376376 owner's property is taxable in the case of the appraisal district's
377377 appraisal roll;
378378 (7) determination that the property owner is the owner
379379 of property;
380380 (8) a determination that a change in use of land
381381 appraised under Subchapter C, [D, E, or H,] Chapter 23, has
382382 occurred; or
383383 (9) any other action of the chief appraiser, appraisal
384384 district, or appraisal review board that applies to and adversely
385385 affects the property owner.
386386 SECTION 2.09. Section 41.44(a), Tax Code, is amended to
387387 read as follows:
388388 (a) Except as provided by Subsections (b), (c), (c-1), and
389389 (c-2), to be entitled to a hearing and determination of a protest,
390390 the property owner initiating the protest must file a written
391391 notice of the protest with the appraisal review board having
392392 authority to hear the matter protested:
393393 (1) not later than May 15 or the 30th day after the
394394 date that notice to the property owner was delivered to the property
395395 owner as provided by Section 25.19, whichever is later;
396396 (2) in the case of a protest of a change in the
397397 appraisal records ordered as provided by Subchapter A of this
398398 chapter or by Chapter 25, not later than the 30th day after the date
399399 notice of the change is delivered to the property owner;
400400 (3) in the case of a determination that a change in the
401401 use of land appraised under Subchapter C, [D, E, or H,] Chapter 23,
402402 has occurred, not later than the 30th day after the date the notice
403403 of the determination is delivered to the property owner;
404404 (4) in the case of a determination of eligibility for a
405405 refund under Section 23.1243, not later than the 30th day after the
406406 date the notice of the determination is delivered to the property
407407 owner; or
408408 (5) in the case of a protest of the modification or
409409 denial of an application for an exemption under Section 11.35, or
410410 the determination of an appropriate damage assessment rating for an
411411 item of qualified property under that section, not later than the
412412 30th day after the date the property owner receives the notice
413413 required under Section 11.45(e).
414414 SECTION 2.10. Section 60.022, Agriculture Code, is amended
415415 to read as follows:
416416 Sec. 60.022. CONTENTS OF PETITION. A petition filed under
417417 Section 60.021 must:
418418 (1) describe the boundaries of the proposed district
419419 by metes and bounds or by lot and block number, if there is a
420420 recorded map or plat and survey of the area;
421421 (2) include a name for the proposed district, which
422422 must include the term "Agricultural Development District";
423423 (3) be signed by the landowners of any land to be
424424 included within the proposed district and provide an acknowledgment
425425 consistent with Section 121.001, Civil Practice and Remedies Code,
426426 that the landowners desire the land to be included in the district;
427427 (4) include the names of at least five persons who are
428428 willing and qualified to serve as temporary directors of the
429429 district;
430430 (5) name each county in which any agricultural
431431 facilities to be owned by the district are to be located;
432432 (6) name each municipality in which any part of the
433433 district is to be located;
434434 (7) state the general nature of the proposed
435435 development and the cost of the development as then estimated by the
436436 petitioners;
437437 (8) state the necessity and feasibility of the
438438 proposed district and whether the district will serve the public
439439 purpose of furthering agricultural interests;
440440 (9) include a pledge that the district will make
441441 payments in lieu of taxes to any school district and county in which
442442 any real property to be owned by the district is located, in [as
443443 follows:
444444 [(A)] annual payments to each entity that are
445445 equal to the amount of taxes imposed on the real property by the
446446 entity in the year of the district's creation; and
447447 [(B) a payment to each entity equal to the amount
448448 that would be due under Section 23.55, Tax Code, on the district's
449449 date of creation; and]
450450 (10) include a pledge that, if the district employs
451451 more than 50 persons, the district will make payments in lieu of
452452 taxes to any school district, in addition to those made under
453453 Subdivision (9), in an amount negotiated between the district and
454454 the school district.
455455 SECTION 2.11. Section 21.0421(e), Property Code, is amended
456456 to read as follows:
457457 (e) This section does not:
458458 (1) authorize groundwater rights appraised separately
459459 from the real property under this section to be appraised
460460 separately from real property for property tax appraisal purposes;
461461 or
462462 (2) subject real property condemned for the purpose
463463 described by Subsection (a) to an additional tax as provided by
464464 Section 23.46 [or 23.55], Tax Code.
465465 SECTION 2.12. The following provisions of the Tax Code are
466466 repealed:
467467 (1) Section 23.55;
468468 (2) Sections 23.58(c) and (d);
469469 (3) Section 23.76;
470470 (4) Section 23.86;
471471 (5) Section 23.96; and
472472 (6) Section 23.9807.
473473 SECTION 2.13. The repeal of Sections 23.55, 23.76, 23.86,
474474 23.96, and 23.9807, Tax Code, by this Act does not affect an
475475 additional tax imposed as a result of a change of use of land
476476 appraised under Subchapter D, E, F, G, or H, Chapter 23, Tax Code,
477477 that occurred before the effective date of this Act, and the former
478478 law is continued in effect for purposes of that tax.
479479 ARTICLE 3. EFFECTIVE DATE
480480 SECTION 3.01. (a) Except as otherwise provided by this
481481 section, this Act takes effect January 1, 2023.
482482 (b) Article 1 of this Act takes effect only if the
483483 constitutional amendment proposed by the 87th Legislature, 2nd
484484 Called Session, 2021, repealing the provision that subjects land
485485 designated for agricultural use to an additional tax when the land
486486 is diverted to a purpose other than agricultural use or sold is
487487 approved by the voters. If that amendment is not approved by the
488488 voters, Article 1 of this Act has no effect.
489489 (c) Article 2 of this Act takes effect only if Article 1 of
490490 this Act does not take effect. If Article 1 of this Act takes
491491 effect, Article 2 of this Act has no effect.