Texas 2021 - 87th 2nd C.S.

Texas Senate Bill SB35 Compare Versions

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11 By: Hall S.B. No. 35
22
33
44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to the repeal of the additional ad valorem taxes imposed as
77 a result of a sale or change of use of certain land.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 ARTICLE 1. REPEAL OF ADDITIONAL TAX PROVISIONS IN SUBCHAPTERS C, D,
1010 E, F, G, AND H, CHAPTER 23, TAX CODE
1111 SECTION 1.01. Section 1.07(d), Tax Code, is amended to read
1212 as follows:
1313 (d) A notice required by Section 11.43(q), 11.45(d),
1414 23.44(d), [23.46(c) or (f),] 23.54(e), 23.541(c), [23.55(e),]
1515 23.551(a), 23.57(d), [23.76(e),] 23.79(d), or 23.85(d) must be sent
1616 by certified mail.
1717 SECTION 1.02. Section 23.52(e), Tax Code, is amended to
1818 read as follows:
1919 (e) The [For the purposes of Section 23.55 of this code,
2020 the] chief appraiser [also] shall determine the market value of
2121 qualified open-space land and shall record both the market value
2222 and the appraised value in the appraisal records.
2323 SECTION 1.03. Section 23.524(e), Tax Code, is amended to
2424 read as follows:
2525 (e) Notwithstanding Subsection (b) or (c), the eligibility
2626 of [For the purposes of this subchapter, a change of use of the]
2727 land subject to this section for appraisal under this subchapter is
2828 considered to have ended [occurred] on the day the period
2929 prescribed by Subsection (c) begins if the owner has not fully
3030 complied with the terms of the agreement described by Subsection
3131 (b) on the date the agreement ends.
3232 SECTION 1.04. Sections 23.551(a) and (d), Tax Code, are
3333 amended to read as follows:
3434 (a) If land appraised as provided by this subchapter is
3535 owned by an individual 65 years of age or older, before making a
3636 determination that [a change in use of] the land is no longer
3737 eligible for appraisal under this subchapter [has occurred], the
3838 chief appraiser shall deliver a written notice to the owner stating
3939 that the chief appraiser believes [a change in use of] the land may
4040 no longer be eligible for appraisal under this subchapter [have
4141 occurred].
4242 (d) If the chief appraiser does not receive a response on or
4343 before the 60th day after the date the notice is mailed, the chief
4444 appraiser must make a reasonable effort to locate the owner and
4545 determine whether the land remains eligible to be appraised as
4646 provided by this subchapter before determining that [a change in
4747 use of] the land is no longer eligible for appraisal under this
4848 subchapter [has occurred].
4949 SECTION 1.05. Section 23.73(c), Tax Code, is amended to
5050 read as follows:
5151 (c) The [For the purposes of Section 23.76 of this code,
5252 the] chief appraiser [also] shall determine the market value of
5353 qualified timber land and shall record both the market value and the
5454 appraised value in the appraisal records.
5555 SECTION 1.06. Section 31.01(c), Tax Code, is amended to
5656 read as follows:
5757 (c) The tax bill or a separate statement accompanying the
5858 tax bill shall:
5959 (1) identify the property subject to the tax;
6060 (2) state the appraised value, assessed value, and
6161 taxable value of the property;
6262 (3) if the property is land appraised as provided by
6363 Subchapter C, D, E, or H, Chapter 23, state the market value of the
6464 land [and the taxable value for purposes of deferred or additional
6565 taxation as provided by Section 23.46, 23.55, 23.76, or 23.9807, as
6666 applicable];
6767 (4) state the assessment ratio for the taxing unit;
6868 (5) state the type and amount of any partial exemption
6969 applicable to the property, indicating whether it applies to
7070 appraised or assessed value;
7171 (6) state the total tax rate for the taxing unit;
7272 (7) state the amount of tax due, the due date, and the
7373 delinquency date;
7474 (8) explain the payment option and discounts provided
7575 by Sections 31.03 and 31.05, if available to the taxing unit's
7676 taxpayers, and state the date on which each of the discount periods
7777 provided by Section 31.05 concludes, if the discounts are
7878 available;
7979 (9) state the rates of penalty and interest imposed
8080 for delinquent payment of the tax;
8181 (10) include the name and telephone number of the
8282 assessor for the taxing unit and, if different, of the collector for
8383 the taxing unit;
8484 (11) for real property, state for the current tax year
8585 and each of the preceding five tax years:
8686 (A) the appraised value and taxable value of the
8787 property;
8888 (B) the total tax rate for the taxing unit;
8989 (C) the amount of taxes imposed on the property
9090 by the taxing unit; and
9191 (D) the difference, expressed as a percent
9292 increase or decrease, as applicable, in the amount of taxes imposed
9393 on the property by the taxing unit compared to the amount imposed
9494 for the preceding tax year; and
9595 (12) for real property, state the differences,
9696 expressed as a percent increase or decrease, as applicable, in the
9797 following for the current tax year as compared to the fifth tax year
9898 before that tax year:
9999 (A) the appraised value and taxable value of the
100100 property;
101101 (B) the total tax rate for the taxing unit; and
102102 (C) the amount of taxes imposed on the property
103103 by the taxing unit.
104104 SECTION 1.07. Section 41.41(a), Tax Code, is amended to
105105 read as follows:
106106 (a) A property owner is entitled to protest before the
107107 appraisal review board the following actions:
108108 (1) determination of the appraised value of the
109109 owner's property or, in the case of land appraised as provided by
110110 Subchapter C, D, E, or H, Chapter 23, determination of its appraised
111111 or market value;
112112 (2) unequal appraisal of the owner's property;
113113 (3) inclusion of the owner's property on the appraisal
114114 records;
115115 (4) denial to the property owner in whole or in part of
116116 a partial exemption;
117117 (5) determination that the owner's land does not
118118 qualify for appraisal as provided by Subchapter C, D, E, or H,
119119 Chapter 23;
120120 (6) identification of the taxing units in which the
121121 owner's property is taxable in the case of the appraisal district's
122122 appraisal roll;
123123 (7) determination that the property owner is the owner
124124 of property; or
125125 (8) [a determination that a change in use of land
126126 appraised under Subchapter C, D, E, or H, Chapter 23, has occurred;
127127 or
128128 [(9)] any other action of the chief appraiser,
129129 appraisal district, or appraisal review board that applies to and
130130 adversely affects the property owner.
131131 SECTION 1.08. Sections 41.44(a) and (c), Tax Code, are
132132 amended to read as follows:
133133 (a) Except as provided by Subsections (b), (c), (c-1), and
134134 (c-2), to be entitled to a hearing and determination of a protest,
135135 the property owner initiating the protest must file a written
136136 notice of the protest with the appraisal review board having
137137 authority to hear the matter protested:
138138 (1) not later than May 15 or the 30th day after the
139139 date that notice to the property owner was delivered to the property
140140 owner as provided by Section 25.19, whichever is later;
141141 (2) in the case of a protest of a change in the
142142 appraisal records ordered as provided by Subchapter A of this
143143 chapter or by Chapter 25, not later than the 30th day after the date
144144 notice of the change is delivered to the property owner;
145145 (3) [in the case of a determination that a change in
146146 the use of land appraised under Subchapter C, D, E, or H, Chapter
147147 23, has occurred, not later than the 30th day after the date the
148148 notice of the determination is delivered to the property owner;
149149 [(4)] in the case of a determination of eligibility
150150 for a refund under Section 23.1243, not later than the 30th day
151151 after the date the notice of the determination is delivered to the
152152 property owner; or
153153 (4) [(5)] in the case of a protest of the modification
154154 or denial of an application for an exemption under Section 11.35, or
155155 the determination of an appropriate damage assessment rating for an
156156 item of qualified property under that section, not later than the
157157 30th day after the date the property owner receives the notice
158158 required under Section 11.45(e).
159159 (c) A property owner who files notice of a protest
160160 authorized by Section 41.411 is entitled to a hearing and
161161 determination of the protest if the property owner files the notice
162162 prior to the date the taxes on the property to which the notice
163163 applies become delinquent. [An owner of land who files a notice of
164164 protest under Subsection (a)(3) is entitled to a hearing and
165165 determination of the protest without regard to whether the
166166 appraisal records are approved.]
167167 SECTION 1.09. Section 60.022, Agriculture Code, is amended
168168 to read as follows:
169169 Sec. 60.022. CONTENTS OF PETITION. A petition filed under
170170 Section 60.021 must:
171171 (1) describe the boundaries of the proposed district
172172 by metes and bounds or by lot and block number, if there is a
173173 recorded map or plat and survey of the area;
174174 (2) include a name for the proposed district, which
175175 must include the term "Agricultural Development District";
176176 (3) be signed by the landowners of any land to be
177177 included within the proposed district and provide an acknowledgment
178178 consistent with Section 121.001, Civil Practice and Remedies Code,
179179 that the landowners desire the land to be included in the district;
180180 (4) include the names of at least five persons who are
181181 willing and qualified to serve as temporary directors of the
182182 district;
183183 (5) name each county in which any agricultural
184184 facilities to be owned by the district are to be located;
185185 (6) name each municipality in which any part of the
186186 district is to be located;
187187 (7) state the general nature of the proposed
188188 development and the cost of the development as then estimated by the
189189 petitioners;
190190 (8) state the necessity and feasibility of the
191191 proposed district and whether the district will serve the public
192192 purpose of furthering agricultural interests;
193193 (9) include a pledge that the district will make
194194 payments in lieu of taxes to any school district and county in which
195195 any real property to be owned by the district is located, in [as
196196 follows:
197197 [(A)] annual payments to each entity that are
198198 equal to the amount of taxes imposed on the real property by the
199199 entity in the year of the district's creation; and
200200 [(B) a payment to each entity equal to the amount
201201 that would be due under Section 23.55, Tax Code, on the district's
202202 date of creation; and]
203203 (10) include a pledge that, if the district employs
204204 more than 50 persons, the district will make payments in lieu of
205205 taxes to any school district, in addition to those made under
206206 Subdivision (9), in an amount negotiated between the district and
207207 the school district.
208208 SECTION 1.10. Section 21.0421(e), Property Code, is amended
209209 to read as follows:
210210 (e) This section does not[:
211211 [(1)] authorize groundwater rights appraised
212212 separately from the real property under this section to be
213213 appraised separately from real property for property tax appraisal
214214 purposes[; or
215215 [(2) subject real property condemned for the purpose
216216 described by Subsection (a) to an additional tax as provided by
217217 Section 23.46 or 23.55, Tax Code].
218218 SECTION 1.11. Subsection (a), Section 23.46, Tax Code, is
219219 transferred to Section 23.41, Tax Code, and redesignated as
220220 Subsection (c), Section 23.41, Tax Code.
221221 SECTION 1.12. The following provisions of the Tax Code are
222222 repealed:
223223 (1) Section 23.20(g);
224224 (2) the heading to Section 23.46;
225225 (3) Sections 23.46(b), (c), (d), (e), and (f);
226226 (4) Sections 23.46(e-1) and (g), as added by S.B.
227227 No. 725, Acts of the 87th Legislature, Regular Session, 2021, and
228228 effective September 1, 2021;
229229 (5) Sections 23.47(c) and (d);
230230 (6) Section 23.55;
231231 (7) Sections 23.58(c) and (d);
232232 (8) Section 23.76;
233233 (9) Section 23.86;
234234 (10) Section 23.96; and
235235 (11) Section 23.9807.
236236 SECTION 1.13. The repeal of Sections 23.46, 23.55, 23.76,
237237 23.86, 23.96, and 23.9807, Tax Code, by this Act does not affect an
238238 additional tax imposed as a result of a sale or change of use of land
239239 appraised under Subchapter C, D, E, F, G, or H, Chapter 23, Tax
240240 Code, that occurred before the effective date of this Act, and the
241241 former law is continued in effect for purposes of that tax.
242242 ARTICLE 2. REPEAL OF ADDITIONAL TAX PROVISIONS IN SUBCHAPTERS D, E,
243243 F, G, AND H, CHAPTER 23, TAX CODE
244244 SECTION 2.01. Section 1.07(d), Tax Code, is amended to read
245245 as follows:
246246 (d) A notice required by Section 11.43(q), 11.45(d),
247247 23.44(d), 23.46(c) or (f), 23.54(e), 23.541(c), [23.55(e),]
248248 23.551(a), 23.57(d), [23.76(e),] 23.79(d), or 23.85(d) must be sent
249249 by certified mail.
250250 SECTION 2.02. Section 23.20(g), Tax Code, is amended to
251251 read as follows:
252252 (g) A waiver of a special appraisal of property under
253253 Subchapter C[, D, E, F, or G of this chapter] does not constitute a
254254 change of use of the property or diversion of the property to
255255 another use for purposes of the imposition of additional taxes
256256 under that subchapter [any of those subchapters].
257257 SECTION 2.03. Section 23.52(e), Tax Code, is amended to
258258 read as follows:
259259 (e) The [For the purposes of Section 23.55 of this code,
260260 the] chief appraiser [also] shall determine the market value of
261261 qualified open-space land and shall record both the market value
262262 and the appraised value in the appraisal records.
263263 SECTION 2.04. Section 23.524(e), Tax Code, is amended to
264264 read as follows:
265265 (e) Notwithstanding Subsection (b) or (c), the eligibility
266266 of [For the purposes of this subchapter, a change of use of the]
267267 land subject to this section for appraisal under this subchapter is
268268 considered to have ended [occurred] on the day the period
269269 prescribed by Subsection (c) begins if the owner has not fully
270270 complied with the terms of the agreement described by Subsection
271271 (b) on the date the agreement ends.
272272 SECTION 2.05. Sections 23.551(a) and (d), Tax Code, are
273273 amended to read as follows:
274274 (a) If land appraised as provided by this subchapter is
275275 owned by an individual 65 years of age or older, before making a
276276 determination that [a change in use of] the land is no longer
277277 eligible for appraisal under this subchapter [has occurred], the
278278 chief appraiser shall deliver a written notice to the owner stating
279279 that the chief appraiser believes [a change in use of] the land may
280280 no longer be eligible for appraisal under this subchapter [have
281281 occurred].
282282 (d) If the chief appraiser does not receive a response on or
283283 before the 60th day after the date the notice is mailed, the chief
284284 appraiser must make a reasonable effort to locate the owner and
285285 determine whether the land remains eligible to be appraised as
286286 provided by this subchapter before determining that [a change in
287287 use of] the land is no longer eligible for appraisal under this
288288 subchapter [has occurred].
289289 SECTION 2.06. Section 23.73(c), Tax Code, is amended to
290290 read as follows:
291291 (c) The [For the purposes of Section 23.76 of this code,
292292 the] chief appraiser [also] shall determine the market value of
293293 qualified timber land and shall record both the market value and the
294294 appraised value in the appraisal records.
295295 SECTION 2.07. Sections 31.01(c) and (c-1), Tax Code, are
296296 amended to read as follows:
297297 (c) The tax bill or a separate statement accompanying the
298298 tax bill shall:
299299 (1) identify the property subject to the tax;
300300 (2) state the appraised value, assessed value, and
301301 taxable value of the property;
302302 (3) if the property is land appraised as provided by
303303 Subchapter C, [D, E, or H,] Chapter 23, state the market value and
304304 the taxable value for purposes of deferred or additional taxation
305305 as provided by Section 23.46[, 23.55, 23.76, or 23.9807, as
306306 applicable];
307307 (4) if the property is land appraised as provided by
308308 Subchapter D, E, or H, Chapter 23, state the market value of the
309309 land;
310310 (5) state the assessment ratio for the taxing unit;
311311 (6) [(5)] state the type and amount of any partial
312312 exemption applicable to the property, indicating whether it applies
313313 to appraised or assessed value;
314314 (7) [(6)] state the total tax rate for the taxing
315315 unit;
316316 (8) [(7)] state the amount of tax due, the due date,
317317 and the delinquency date;
318318 (9) [(8)] explain the payment option and discounts
319319 provided by Sections 31.03 and 31.05, if available to the taxing
320320 unit's taxpayers, and state the date on which each of the discount
321321 periods provided by Section 31.05 concludes, if the discounts are
322322 available;
323323 (10) [(9)] state the rates of penalty and interest
324324 imposed for delinquent payment of the tax;
325325 (11) [(10)] include the name and telephone number of
326326 the assessor for the taxing unit and, if different, of the collector
327327 for the taxing unit;
328328 (12) [(11)] for real property, state for the current
329329 tax year and each of the preceding five tax years:
330330 (A) the appraised value and taxable value of the
331331 property;
332332 (B) the total tax rate for the taxing unit;
333333 (C) the amount of taxes imposed on the property
334334 by the taxing unit; and
335335 (D) the difference, expressed as a percent
336336 increase or decrease, as applicable, in the amount of taxes imposed
337337 on the property by the taxing unit compared to the amount imposed
338338 for the preceding tax year; and
339339 (13) [(12)] for real property, state the differences,
340340 expressed as a percent increase or decrease, as applicable, in the
341341 following for the current tax year as compared to the fifth tax year
342342 before that tax year:
343343 (A) the appraised value and taxable value of the
344344 property;
345345 (B) the total tax rate for the taxing unit; and
346346 (C) the amount of taxes imposed on the property
347347 by the taxing unit.
348348 (c-1) If for any of the preceding six tax years any
349349 information required by Subsection (c)(12) [(c)(11)] or (13) [(12)]
350350 to be included in a tax bill or separate statement is unavailable,
351351 the tax bill or statement must state that the information is not
352352 available for that year.
353353 SECTION 2.08. Section 41.41(a), Tax Code, is amended to
354354 read as follows:
355355 (a) A property owner is entitled to protest before the
356356 appraisal review board the following actions:
357357 (1) determination of the appraised value of the
358358 owner's property or, in the case of land appraised as provided by
359359 Subchapter C, D, E, or H, Chapter 23, determination of its appraised
360360 or market value;
361361 (2) unequal appraisal of the owner's property;
362362 (3) inclusion of the owner's property on the appraisal
363363 records;
364364 (4) denial to the property owner in whole or in part of
365365 a partial exemption;
366366 (5) determination that the owner's land does not
367367 qualify for appraisal as provided by Subchapter C, D, E, or H,
368368 Chapter 23;
369369 (6) identification of the taxing units in which the
370370 owner's property is taxable in the case of the appraisal district's
371371 appraisal roll;
372372 (7) determination that the property owner is the owner
373373 of property;
374374 (8) a determination that a change in use of land
375375 appraised under Subchapter C, [D, E, or H,] Chapter 23, has
376376 occurred; or
377377 (9) any other action of the chief appraiser, appraisal
378378 district, or appraisal review board that applies to and adversely
379379 affects the property owner.
380380 SECTION 2.09. Section 41.44(a), Tax Code, is amended to
381381 read as follows:
382382 (a) Except as provided by Subsections (b), (c), (c-1), and
383383 (c-2), to be entitled to a hearing and determination of a protest,
384384 the property owner initiating the protest must file a written
385385 notice of the protest with the appraisal review board having
386386 authority to hear the matter protested:
387387 (1) not later than May 15 or the 30th day after the
388388 date that notice to the property owner was delivered to the property
389389 owner as provided by Section 25.19, whichever is later;
390390 (2) in the case of a protest of a change in the
391391 appraisal records ordered as provided by Subchapter A of this
392392 chapter or by Chapter 25, not later than the 30th day after the date
393393 notice of the change is delivered to the property owner;
394394 (3) in the case of a determination that a change in the
395395 use of land appraised under Subchapter C, [D, E, or H,] Chapter 23,
396396 has occurred, not later than the 30th day after the date the notice
397397 of the determination is delivered to the property owner;
398398 (4) in the case of a determination of eligibility for a
399399 refund under Section 23.1243, not later than the 30th day after the
400400 date the notice of the determination is delivered to the property
401401 owner; or
402402 (5) in the case of a protest of the modification or
403403 denial of an application for an exemption under Section 11.35, or
404404 the determination of an appropriate damage assessment rating for an
405405 item of qualified property under that section, not later than the
406406 30th day after the date the property owner receives the notice
407407 required under Section 11.45(e).
408408 SECTION 2.10. Section 60.022, Agriculture Code, is amended
409409 to read as follows:
410410 Sec. 60.022. CONTENTS OF PETITION. A petition filed under
411411 Section 60.021 must:
412412 (1) describe the boundaries of the proposed district
413413 by metes and bounds or by lot and block number, if there is a
414414 recorded map or plat and survey of the area;
415415 (2) include a name for the proposed district, which
416416 must include the term "Agricultural Development District";
417417 (3) be signed by the landowners of any land to be
418418 included within the proposed district and provide an acknowledgment
419419 consistent with Section 121.001, Civil Practice and Remedies Code,
420420 that the landowners desire the land to be included in the district;
421421 (4) include the names of at least five persons who are
422422 willing and qualified to serve as temporary directors of the
423423 district;
424424 (5) name each county in which any agricultural
425425 facilities to be owned by the district are to be located;
426426 (6) name each municipality in which any part of the
427427 district is to be located;
428428 (7) state the general nature of the proposed
429429 development and the cost of the development as then estimated by the
430430 petitioners;
431431 (8) state the necessity and feasibility of the
432432 proposed district and whether the district will serve the public
433433 purpose of furthering agricultural interests;
434434 (9) include a pledge that the district will make
435435 payments in lieu of taxes to any school district and county in which
436436 any real property to be owned by the district is located, in [as
437437 follows:
438438 [(A)] annual payments to each entity that are
439439 equal to the amount of taxes imposed on the real property by the
440440 entity in the year of the district's creation; and
441441 [(B) a payment to each entity equal to the amount
442442 that would be due under Section 23.55, Tax Code, on the district's
443443 date of creation; and]
444444 (10) include a pledge that, if the district employs
445445 more than 50 persons, the district will make payments in lieu of
446446 taxes to any school district, in addition to those made under
447447 Subdivision (9), in an amount negotiated between the district and
448448 the school district.
449449 SECTION 2.11. Section 21.0421(e), Property Code, is amended
450450 to read as follows:
451451 (e) This section does not:
452452 (1) authorize groundwater rights appraised separately
453453 from the real property under this section to be appraised
454454 separately from real property for property tax appraisal purposes;
455455 or
456456 (2) subject real property condemned for the purpose
457457 described by Subsection (a) to an additional tax as provided by
458458 Section 23.46 [or 23.55], Tax Code.
459459 SECTION 2.12. The following provisions of the Tax Code are
460460 repealed:
461461 (1) Section 23.55;
462462 (2) Sections 23.58(c) and (d);
463463 (3) Section 23.76;
464464 (4) Section 23.86;
465465 (5) Section 23.96; and
466466 (6) Section 23.9807.
467467 SECTION 2.13. The repeal of Sections 23.55, 23.76, 23.86,
468468 23.96, and 23.9807, Tax Code, by this Act does not affect an
469469 additional tax imposed as a result of a change of use of land
470470 appraised under Subchapter D, E, F, G, or H, Chapter 23, Tax Code,
471471 that occurred before the effective date of this Act, and the former
472472 law is continued in effect for purposes of that tax.
473473 ARTICLE 3. EFFECTIVE DATE
474474 SECTION 3.01. (a) Except as otherwise provided by this
475475 section, this Act takes effect January 1, 2022.
476476 (b) Article 1 of this Act takes effect only if the
477477 constitutional amendment proposed by the 87th Legislature, 1st
478478 Called Session, 2021, repealing the provision that subjects land
479479 designated for agricultural use to an additional tax when the land
480480 is diverted to a purpose other than agricultural use or sold is
481481 approved by the voters. If that amendment is not approved by the
482482 voters, Article 1 of this Act has no effect.
483483 (c) Article 2 of this Act takes effect only if Article 1 of
484484 this Act does not take effect. If Article 1 of this Act takes
485485 effect, Article 2 of this Act has no effect.