Texas 2023 - 88th Regular

Texas Senate Bill SB1454 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R8585 SMH-D
2	2	By: Paxton, Zaffirini S.B. No. 1454
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the reappraisal for ad valorem taxation purposes of
8	8	real property on which a building completely destroyed by a
9	9	casualty is located.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 23, Tax Code, is amended by
12	12	adding Section 23.025 to read as follows:
13	13	Sec. 23.025. REAPPRAISAL OF PROPERTY DESTROYED BY CASUALTY.
14	14	(a) A property owner may request the chief appraiser of an
15	15	appraisal district in which a residence homestead owned and
16	16	occupied by the property owner is located to reappraise property
17	17	that is the property owner's residence homestead if a building
18	18	located on the property is completely destroyed by a casualty. The
19	19	owner must make the request in writing not later than the 180th day
20	20	after the date the casualty occurs.
21	21	(b) Except as provided by this subsection, the chief
22	22	appraiser shall reappraise property described by Subsection (a) if
23	23	requested to do so by the owner of the property. The chief
24	24	appraiser is not required to reappraise the property if the
25	25	property qualifies for an exemption under Section 11.35 as the
26	26	result of the same casualty.
27	27	(c) The comptroller, in consultation with appraisal
28	28	districts, shall develop guidelines for determining the process for
29	29	reappraising property under this section, including for
30	30	determining whether property is completely destroyed by casualty
31	31	and for calculating an appropriate value of any residence homestead
32	32	exemption and appraisal limitation applied during or after the tax
33	33	year for which the property is reappraised.
34	34	(d) The chief appraiser shall complete the reappraisal of
35	35	property as soon as practicable after a request is made.
36	36	(e) The chief appraiser shall include in the appraisal
37	37	records:
38	38	(1) the date the casualty occurred;
39	39	(2) the appraised value of the property before the
40	40	casualty occurred;
41	41	(3) the appraised value of the property immediately
42	42	after the casualty occurred; and
43	43	(4) any other information required to be included in
44	44	the records.
45	45	(f) The amount of the taxes imposed by a taxing unit on
46	46	property reappraised under this section for the tax year in which a
47	47	casualty occurs is calculated by:
48	48	(1) multiplying the amount of the taxes that otherwise
49	49	would be imposed by the taxing unit on the property for the entire
50	50	year by a fraction, the denominator of which is 365 and the
51	51	numerator of which is the number of days that elapsed before the
52	52	date the casualty occurred;
53	53	(2) multiplying the amount of the taxes that would be
54	54	imposed by the taxing unit on the property for the entire year based
55	55	on the reappraised value of the property by a fraction, the
56	56	denominator of which is 365 and the numerator of which is the number
57	57	of days, including the date the casualty occurred, remaining in the
58	58	tax year; and
59	59	(3) adding the amounts calculated under Subdivisions
60	60	(1) and (2).
61	61	(g) If property is reappraised under this section, the
62	62	assessor for each taxing unit shall calculate the amount of the tax
63	63	due on the property as provided by this section. If the property is
64	64	reappraised after the amount of the tax due on the property is
65	65	calculated, the assessor shall recalculate the amount of the tax
66	66	due on the property and correct the tax roll. If the tax bill has
67	67	been mailed and the tax on the property has not been paid, the
68	68	assessor shall mail a corrected tax bill to the person in whose name
69	69	the property is listed on the tax roll or to the person's authorized
70	70	agent. If the tax on the property has been paid, the tax collector
71	71	for the taxing unit shall refund to the person who paid the tax the
72	72	amount by which the payment exceeded the tax due.
73	73	SECTION 2. Not later than September 1, 2024, the
74	74	comptroller shall develop guidelines required by Section 23.025,
75	75	Tax Code, as added by this Act, and shall distribute those
76	76	guidelines to each appraisal district.
77	77	SECTION 3. The change in law made by this Act applies to the
78	78	reappraisal of real property on which a building completely
79	79	destroyed by a casualty is located only if the casualty occurs on or
80	80	after the effective date of this Act.
81	81	SECTION 4. This Act takes effect immediately if it receives
82	82	a vote of two-thirds of all the members elected to each house, as
83	83	provided by Section 39, Article III, Texas Constitution. If this
84	84	Act does not receive the vote necessary for immediate effect, this
85	85	Act takes effect September 1, 2023.