1 | 1 | | 88R4609 SHH-F |
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2 | 2 | | By: Shine H.B. No. 4512 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the entitlement of a property owner to receive a |
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8 | 8 | | discount for making an early payment of the ad valorem taxes on the |
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9 | 9 | | owner's property. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 31.01(c), Tax Code, is amended to read as |
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12 | 12 | | follows: |
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13 | 13 | | (c) The tax bill or a separate statement accompanying the |
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14 | 14 | | tax bill shall: |
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15 | 15 | | (1) identify the property subject to the tax; |
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16 | 16 | | (2) state the appraised value, assessed value, and |
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17 | 17 | | taxable value of the property; |
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18 | 18 | | (3) if the property is land appraised as provided by |
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19 | 19 | | Subchapter C, D, E, or H, Chapter 23, state the market value and the |
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20 | 20 | | taxable value for purposes of deferred or additional taxation as |
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21 | 21 | | provided by Section 23.46, 23.55, 23.76, or 23.9807, as applicable; |
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22 | 22 | | (4) state the assessment ratio for the taxing unit; |
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23 | 23 | | (5) state the type and amount of any partial exemption |
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24 | 24 | | applicable to the property, indicating whether it applies to |
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25 | 25 | | appraised or assessed value; |
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26 | 26 | | (6) state the total tax rate for the taxing unit; |
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27 | 27 | | (7) state the amount of tax due, the due date, and the |
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28 | 28 | | delinquency date; |
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29 | 29 | | (8) explain the payment option [and discounts] |
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30 | 30 | | provided by Section [Sections] 31.03 [and 31.05,] if available to |
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31 | 31 | | the taxing unit's taxpayers; |
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32 | 32 | | (8-a) explain the discounts provided by Section |
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33 | 33 | | 31.05[,] and state the date on which each of the discount periods |
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34 | 34 | | provided by that section [Section 31.05] concludes[, if the |
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35 | 35 | | discounts are available]; |
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36 | 36 | | (9) state the rates of penalty and interest imposed |
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37 | 37 | | for delinquent payment of the tax; |
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38 | 38 | | (10) include the name and telephone number of the |
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39 | 39 | | assessor for the taxing unit and, if different, of the collector for |
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40 | 40 | | the taxing unit; |
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41 | 41 | | (11) for real property, state for the current tax year |
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42 | 42 | | and each of the preceding five tax years: |
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43 | 43 | | (A) the appraised value and taxable value of the |
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44 | 44 | | property; |
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45 | 45 | | (B) the total tax rate for the taxing unit; |
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46 | 46 | | (C) the amount of taxes imposed on the property |
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47 | 47 | | by the taxing unit; and |
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48 | 48 | | (D) the difference, expressed as a percent |
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49 | 49 | | increase or decrease, as applicable, in the amount of taxes imposed |
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50 | 50 | | on the property by the taxing unit compared to the amount imposed |
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51 | 51 | | for the preceding tax year; and |
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52 | 52 | | (12) for real property, state the differences, |
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53 | 53 | | expressed as a percent increase or decrease, as applicable, in the |
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54 | 54 | | following for the current tax year as compared to the fifth tax year |
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55 | 55 | | before that tax year: |
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56 | 56 | | (A) the appraised value and taxable value of the |
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57 | 57 | | property; |
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58 | 58 | | (B) the total tax rate for the taxing unit; and |
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59 | 59 | | (C) the amount of taxes imposed on the property |
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60 | 60 | | by the taxing unit. |
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61 | 61 | | SECTION 2. Sections 31.04(c), (d), and (e), Tax Code, are |
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62 | 62 | | amended to read as follows: |
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63 | 63 | | (c) The [A] payment option provided by Section 31.03 [of |
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64 | 64 | | this code or a discount adopted under Section 31.05(b) of this code] |
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65 | 65 | | does not apply to taxes that are calculated too late for it to be |
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66 | 66 | | available. |
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67 | 67 | | (d) If a taxing unit mails its tax bills after September 30 |
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68 | 68 | | [and adopts the discounts provided by Section 31.05(c) of this |
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69 | 69 | | code], the delinquency date is postponed to the first day of the |
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70 | 70 | | next month following the fourth full calendar month following the |
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71 | 71 | | date the tax bills were mailed. |
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72 | 72 | | (e) If the delinquency date for a tax is postponed under |
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73 | 73 | | Subsection [(a) or] (a-1), that postponed delinquency date is the |
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74 | 74 | | date on which penalties and interest begin to be incurred on the tax |
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75 | 75 | | as provided by Section 33.01. |
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76 | 76 | | SECTION 3. Section 31.05(c), Tax Code, is amended to read as |
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77 | 77 | | follows: |
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78 | 78 | | (c) A person is entitled to [taxing unit may adopt] the |
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79 | 79 | | following discounts on the taxes the person pays to a taxing unit |
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80 | 80 | | [to apply when it mails its tax bills after September 30]: |
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81 | 81 | | (1) three percent if the tax is paid before or during |
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82 | 82 | | the next full calendar month following the date on which the tax |
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83 | 83 | | bills are [were] mailed; |
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84 | 84 | | (2) two percent if the tax is paid during the second |
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85 | 85 | | full calendar month following the date on which the tax bills are |
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86 | 86 | | [were] mailed; and |
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87 | 87 | | (3) one percent if the tax is paid during the third |
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88 | 88 | | full calendar month following the date on which the tax bills are |
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89 | 89 | | [were] mailed. |
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90 | 90 | | SECTION 4. Sections 31.07(b), (c), and (d), Tax Code, are |
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91 | 91 | | amended to read as follows: |
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92 | 92 | | (b) A collector shall accept payment of the tax imposed on a |
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93 | 93 | | property by a taxing unit [that has adopted the discounts] under |
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94 | 94 | | Section 31.05 [of this code] separately from taxes imposed on that |
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95 | 95 | | property by other taxing units using the same collector, even if the |
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96 | 96 | | taxes are included in the same bill. The collector may adopt a |
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97 | 97 | | policy of accepting separate payments in other circumstances. If |
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98 | 98 | | the tax paid is included in the same bill as other taxes that are not |
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99 | 99 | | paid, the collector shall send a revised bill or receipt to reflect |
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100 | 100 | | the tax payment, if a discount applies to the payment, and may send |
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101 | 101 | | a revised bill or receipt to reflect the tax payment in other |
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102 | 102 | | circumstances. The sending of a revised bill does not affect the |
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103 | 103 | | date on which the unpaid taxes become delinquent. |
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104 | 104 | | (c) A collector may adopt a policy of accepting partial |
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105 | 105 | | payments of property taxes. A payment option provided by Section |
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106 | 106 | | 31.03 [of this code] or a discount [adopted] under Section 31.05 [of |
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107 | 107 | | this code] does not apply to any portion of a partial payment. If a |
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108 | 108 | | collector accepts a partial payment on a tax bill that includes |
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109 | 109 | | taxes for more than one taxing unit, the collector shall allocate |
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110 | 110 | | the partial payment among all the taxing units included in the bill |
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111 | 111 | | in proportion to the amount of tax included in the bill for each |
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112 | 112 | | taxing unit, unless the collector under Subsection (b) has adopted |
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113 | 113 | | a policy of accepting payments of a taxing unit's taxes separate |
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114 | 114 | | from the taxes of other taxing units included in the same bill and |
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115 | 115 | | the taxpayer directs that the partial payment be allocated in |
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116 | 116 | | specific amounts to one or more specific taxing units. Acceptance |
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117 | 117 | | of a partial payment does not affect the date that the tax becomes |
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118 | 118 | | delinquent, but the penalties and interest provided by Section |
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119 | 119 | | 33.01 [of this code] are incurred only by the portion of a tax that |
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120 | 120 | | remains unpaid on the date the tax becomes delinquent. |
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121 | 121 | | (d) Notwithstanding Subsection (c), a collector shall |
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122 | 122 | | accept a partial payment of property taxes on a tax bill that |
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123 | 123 | | includes taxes for more than one taxing unit if [one or more of the |
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124 | 124 | | taxing units has adopted the discounts under Section 31.05 of this |
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125 | 125 | | code,] the taxpayer directs that the partial payment be allocated |
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126 | 126 | | first as a discounted [to the] payment to [of the taxes owed] one or |
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127 | 127 | | more of the taxing units under Section 31.05 [that have adopted the |
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128 | 128 | | discounts,] and the amount of the payment is equal to or greater |
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129 | 129 | | than the amount of the taxes owed the taxing units designated by the |
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130 | 130 | | taxpayer. |
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131 | 131 | | SECTION 5. The following provisions of the Tax Code are |
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132 | 132 | | repealed: |
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133 | 133 | | (1) Section 31.04(a); and |
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134 | 134 | | (2) Sections 31.05(a), (b), and (d). |
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135 | 135 | | SECTION 6. This Act applies only to the payment of ad |
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136 | 136 | | valorem taxes for a tax year that begins on or after the effective |
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137 | 137 | | date of this Act. |
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138 | 138 | | SECTION 7. This Act takes effect January 1, 2024. |
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