88R8585 SMH-D
By: Paxton, Zaffirini S.B. No. 1454
A BILL TO BE ENTITLED
AN ACT
relating to the reappraisal for ad valorem taxation purposes of
real property on which a building completely destroyed by a
casualty is located.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 23, Tax Code, is amended by
adding Section 23.025 to read as follows:
Sec. 23.025. REAPPRAISAL OF PROPERTY DESTROYED BY CASUALTY.
(a) A property owner may request the chief appraiser of an
appraisal district in which a residence homestead owned and
occupied by the property owner is located to reappraise property
that is the property owner's residence homestead if a building
located on the property is completely destroyed by a casualty. The
owner must make the request in writing not later than the 180th day
after the date the casualty occurs.
(b) Except as provided by this subsection, the chief
appraiser shall reappraise property described by Subsection (a) if
requested to do so by the owner of the property. The chief
appraiser is not required to reappraise the property if the
property qualifies for an exemption under Section 11.35 as the
result of the same casualty.
(c) The comptroller, in consultation with appraisal
districts, shall develop guidelines for determining the process for
reappraising property under this section, including for
determining whether property is completely destroyed by casualty
and for calculating an appropriate value of any residence homestead
exemption and appraisal limitation applied during or after the tax
year for which the property is reappraised.
(d) The chief appraiser shall complete the reappraisal of
property as soon as practicable after a request is made.
(e) The chief appraiser shall include in the appraisal
records:
(1) the date the casualty occurred;
(2) the appraised value of the property before the
casualty occurred;
(3) the appraised value of the property immediately
after the casualty occurred; and
(4) any other information required to be included in
the records.
(f) The amount of the taxes imposed by a taxing unit on
property reappraised under this section for the tax year in which a
casualty occurs is calculated by:
(1) multiplying the amount of the taxes that otherwise
would be imposed by the taxing unit on the property for the entire
year by a fraction, the denominator of which is 365 and the
numerator of which is the number of days that elapsed before the
date the casualty occurred;
(2) multiplying the amount of the taxes that would be
imposed by the taxing unit on the property for the entire year based
on the reappraised value of the property by a fraction, the
denominator of which is 365 and the numerator of which is the number
of days, including the date the casualty occurred, remaining in the
tax year; and
(3) adding the amounts calculated under Subdivisions
(1) and (2).
(g) If property is reappraised under this section, the
assessor for each taxing unit shall calculate the amount of the tax
due on the property as provided by this section. If the property is
reappraised after the amount of the tax due on the property is
calculated, the assessor shall recalculate the amount of the tax
due on the property and correct the tax roll. If the tax bill has
been mailed and the tax on the property has not been paid, the
assessor shall mail a corrected tax bill to the person in whose name
the property is listed on the tax roll or to the person's authorized
agent. If the tax on the property has been paid, the tax collector
for the taxing unit shall refund to the person who paid the tax the
amount by which the payment exceeded the tax due.
SECTION 2. Not later than September 1, 2024, the
comptroller shall develop guidelines required by Section 23.025,
Tax Code, as added by this Act, and shall distribute those
guidelines to each appraisal district.
SECTION 3. The change in law made by this Act applies to the
reappraisal of real property on which a building completely
destroyed by a casualty is located only if the casualty occurs on or
after the effective date of this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.