1 | 1 | | 88R7540 MLH-F |
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2 | 2 | | By: Springer S.B. No. 1800 |
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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 deadline for certain officials of an appraisal |
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8 | 8 | | district to take certain actions. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 11.45, Tax Code, is amended by amending |
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11 | 11 | | Subsections (a) and (b) and adding Subsections (a-1) and (a-2) to |
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12 | 12 | | read as follows: |
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13 | 13 | | (a) The chief appraiser shall determine separately each |
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14 | 14 | | applicant's right to an exemption. After considering the |
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15 | 15 | | application and all relevant information, the chief appraiser shall |
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16 | 16 | | within the period prescribed by Subsection (a-1) or (a-2), as |
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17 | 17 | | applicable [, as soon as practicable but not later than the 90th day |
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18 | 18 | | after the later of the date the applicant first qualifies for the |
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19 | 19 | | exemption or the date the applicant provides to the chief appraiser |
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20 | 20 | | the information necessary for the chief appraiser to determine the |
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21 | 21 | | applicant's right to the exemption, as the law and facts warrant]: |
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22 | 22 | | (1) approve the application and allow the exemption; |
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23 | 23 | | (2) modify the exemption applied for and allow the |
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24 | 24 | | exemption as modified; |
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25 | 25 | | (3) disapprove the application and require [request] |
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26 | 26 | | additional information from the applicant in support of the claim; |
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27 | 27 | | or |
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28 | 28 | | (4) deny the application. |
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29 | 29 | | (a-1) The chief appraiser of an appraisal district |
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30 | 30 | | established in a county with a population of less than one million |
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31 | 31 | | shall make the determination required under Subsection (a) not |
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32 | 32 | | later than the 90th day after the later of the date the applicant |
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33 | 33 | | first qualifies for the exemption or the date the applicant |
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34 | 34 | | provides to the chief appraiser the information necessary for the |
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35 | 35 | | chief appraiser to determine the applicant's right to the |
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36 | 36 | | exemption, as the law and facts warrant. If it is not practicable |
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37 | 37 | | for the chief appraiser to make the determination by the 90th day, |
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38 | 38 | | the chief appraiser shall make the determination as soon thereafter |
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39 | 39 | | as practicable. |
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40 | 40 | | (a-2) The chief appraiser of an appraisal district |
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41 | 41 | | established in a county with a population of one million or more |
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42 | 42 | | shall make the determination required under Subsection (a) not |
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43 | 43 | | later than the 120th day after the later of the date the applicant |
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44 | 44 | | first qualifies for the exemption or the date the applicant |
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45 | 45 | | provides to the chief appraiser the information necessary for the |
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46 | 46 | | chief appraiser to determine the applicant's right to the |
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47 | 47 | | exemption, as the law and facts warrant. If it is not practicable |
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48 | 48 | | for the chief appraiser to make the determination by the 120th day, |
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49 | 49 | | the chief appraiser shall make the determination as soon thereafter |
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50 | 50 | | as practicable. |
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51 | 51 | | (b) If the chief appraiser disapproves an application and |
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52 | 52 | | requires additional information from an applicant, the chief |
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53 | 53 | | appraiser shall, as soon as practicable but not later than the 30th |
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54 | 54 | | day after the date the [application is filed with the] chief |
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55 | 55 | | appraiser disapproves the application, deliver a written notice to |
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56 | 56 | | the applicant specifying the additional information the applicant |
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57 | 57 | | must provide to the chief appraiser before the chief appraiser can |
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58 | 58 | | determine the applicant's right to the exemption. The applicant |
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59 | 59 | | must furnish the information not later than the 30th day after the |
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60 | 60 | | date of the request or the applicant's application is denied. |
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61 | 61 | | However, for good cause shown the chief appraiser may extend the |
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62 | 62 | | deadline for furnishing the information by written order for a |
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63 | 63 | | single period not to exceed 15 days. |
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64 | 64 | | SECTION 2. Section 23.44, Tax Code, is amended by amending |
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65 | 65 | | Subsections (a) and (b) and adding Subsections (a-1) and (a-2) to |
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66 | 66 | | read as follows: |
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67 | 67 | | (a) The chief appraiser shall determine individually each |
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68 | 68 | | claimant's right to the agricultural designation. After |
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69 | 69 | | considering the application and all relevant information, the chief |
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70 | 70 | | appraiser shall within the period prescribed by Subsection (a-1) or |
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71 | 71 | | (a-2), as applicable [, as soon as practicable but not later than |
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72 | 72 | | the 90th day after the later of the date the claimant is first |
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73 | 73 | | eligible for the agricultural designation or the date the claimant |
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74 | 74 | | provides to the chief appraiser the information necessary for the |
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75 | 75 | | chief appraiser to determine the claimant's right to the |
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76 | 76 | | agricultural designation, as the law and facts warrant]: |
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77 | 77 | | (1) approve the application and designate the land for |
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78 | 78 | | agricultural use; |
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79 | 79 | | (2) disapprove the application and require [request] |
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80 | 80 | | additional information from the claimant in support of the claim; |
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81 | 81 | | or |
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82 | 82 | | (3) deny the application. |
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83 | 83 | | (a-1) The chief appraiser of an appraisal district |
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84 | 84 | | established in a county with a population of less than one million |
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85 | 85 | | shall make the determination required under Subsection (a) not |
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86 | 86 | | later than the 90th day after the later of the date the claimant is |
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87 | 87 | | first eligible for the agricultural designation or the date the |
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88 | 88 | | claimant provides to the chief appraiser the information necessary |
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89 | 89 | | for the chief appraiser to determine the claimant's right to the |
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90 | 90 | | agricultural designation, as the law and facts warrant. If it is not |
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91 | 91 | | practicable for the chief appraiser to make the determination by |
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92 | 92 | | the 90th day, the chief appraiser shall make the determination as |
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93 | 93 | | soon thereafter as practicable. |
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94 | 94 | | (a-2) The chief appraiser of an appraisal district |
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95 | 95 | | established in a county with a population of one million or more |
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96 | 96 | | shall make the determination required under Subsection (a) not |
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97 | 97 | | later than the 120th day after the later of the date the claimant is |
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98 | 98 | | first eligible for the agricultural designation or the date the |
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99 | 99 | | claimant provides to the chief appraiser the information necessary |
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100 | 100 | | for the chief appraiser to determine the claimant's right to the |
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101 | 101 | | agricultural designation, as the law and facts warrant. If it is not |
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102 | 102 | | practicable for the chief appraiser to make the determination by |
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103 | 103 | | the 120th day, the chief appraiser shall make the determination as |
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104 | 104 | | soon thereafter as practicable. |
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105 | 105 | | (b) If the chief appraiser disapproves an application and |
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106 | 106 | | requires additional information from a claimant, the chief |
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107 | 107 | | appraiser shall, as soon as practicable but not later than the 30th |
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108 | 108 | | day after the date the [application is filed with the] chief |
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109 | 109 | | appraiser disapproves the application, deliver a written notice to |
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110 | 110 | | the claimant specifying the additional information the claimant |
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111 | 111 | | must provide to the chief appraiser before the chief appraiser can |
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112 | 112 | | determine the claimant's [applicant's] right to the agricultural |
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113 | 113 | | designation. The claimant must furnish the information not later |
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114 | 114 | | than the 30th day after the date of the request or the claimant's |
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115 | 115 | | application is denied. However, for good cause shown the chief |
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116 | 116 | | appraiser may extend the deadline for furnishing additional |
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117 | 117 | | information by written order for a single period not to exceed 15 |
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118 | 118 | | days. |
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119 | 119 | | SECTION 3. Section 23.57, Tax Code, is amended by amending |
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120 | 120 | | Subsections (a) and (b) and adding Subsections (a-1) and (a-2) to |
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121 | 121 | | read as follows: |
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122 | 122 | | (a) The chief appraiser shall determine separately each |
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123 | 123 | | applicant's right to have the applicant's land appraised under this |
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124 | 124 | | subchapter. After considering the application and all relevant |
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125 | 125 | | information, the chief appraiser shall within the period prescribed |
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126 | 126 | | by Subsection (a-1) or (a-2), as applicable [, as soon as |
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127 | 127 | | practicable but not later than the 90th day after the later of the |
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128 | 128 | | date the applicant's land is first eligible for appraisal under |
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129 | 129 | | this subchapter or the date the applicant provides to the chief |
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130 | 130 | | appraiser the information necessary for the chief appraiser to |
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131 | 131 | | determine the applicant's right to have the applicant's land |
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132 | 132 | | appraised under this subchapter, as the law and facts warrant]: |
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133 | 133 | | (1) approve the application and allow appraisal under |
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134 | 134 | | this subchapter; |
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135 | 135 | | (2) disapprove the application and require [request] |
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136 | 136 | | additional information from the applicant in support of the claim; |
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137 | 137 | | or |
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138 | 138 | | (3) deny the application. |
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139 | 139 | | (a-1) The chief appraiser of an appraisal district |
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140 | 140 | | established in a county with a population of less than one million |
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141 | 141 | | shall make the determination required under Subsection (a) not |
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142 | 142 | | later than the 90th day after the later of the date the applicant's |
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143 | 143 | | land is first eligible for appraisal under this subchapter or the |
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144 | 144 | | date the applicant provides to the chief appraiser the information |
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145 | 145 | | necessary for the chief appraiser to determine the applicant's |
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146 | 146 | | right to have the applicant's land appraised under this subchapter, |
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147 | 147 | | as the law and facts warrant. If it is not practicable for the chief |
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148 | 148 | | appraiser to make the determination by the 90th day, the chief |
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149 | 149 | | appraiser shall make the determination as soon thereafter as |
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150 | 150 | | practicable. |
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151 | 151 | | (a-2) The chief appraiser of an appraisal district |
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152 | 152 | | established in a county with a population of one million or more |
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153 | 153 | | shall make the determination required under Subsection (a) not |
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154 | 154 | | later than the 120th day after the later of the date the applicant's |
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155 | 155 | | land is first eligible for appraisal under this subchapter or the |
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156 | 156 | | date the applicant provides to the chief appraiser the information |
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157 | 157 | | necessary for the chief appraiser to determine the applicant's |
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158 | 158 | | right to have the applicant's land appraised under this subchapter, |
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159 | 159 | | as the law and facts warrant. If it is not practicable for the chief |
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160 | 160 | | appraiser to make the determination by the 120th day, the chief |
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161 | 161 | | appraiser shall make the determination as soon thereafter as |
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162 | 162 | | practicable. |
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163 | 163 | | (b) If the chief appraiser disapproves an application and |
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164 | 164 | | requires additional information from an applicant, the chief |
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165 | 165 | | appraiser shall, as soon as practicable but not later than the 30th |
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166 | 166 | | day after the date the [application is filed with the] chief |
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167 | 167 | | appraiser disapproves the application, deliver a written notice to |
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168 | 168 | | the applicant specifying the additional information the applicant |
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169 | 169 | | must provide to the chief appraiser before the chief appraiser can |
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170 | 170 | | determine the applicant's right to have the applicant's land |
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171 | 171 | | appraised under this subchapter. The applicant must furnish the |
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172 | 172 | | information not later than the 30th day after the date of the |
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173 | 173 | | request or the applicant's application is denied. However, for good |
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174 | 174 | | cause shown the chief appraiser may extend the deadline for |
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175 | 175 | | furnishing the information by written order for a single period not |
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176 | 176 | | to exceed 15 days. |
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177 | 177 | | SECTION 4. Section 23.79, Tax Code, is amended by amending |
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178 | 178 | | Subsections (a) and (b) and adding Subsections (a-1) and (a-2) to |
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179 | 179 | | read as follows: |
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180 | 180 | | (a) The chief appraiser shall determine separately each |
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181 | 181 | | applicant's right to have the applicant's land appraised under this |
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182 | 182 | | subchapter. After considering the application and all relevant |
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183 | 183 | | information, the chief appraiser shall within the period prescribed |
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184 | 184 | | by Subsection (a-1) or (a-2), as applicable [, as soon as |
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185 | 185 | | practicable but not later than the 90th day after the later of the |
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186 | 186 | | date the applicant's land is first eligible for appraisal under |
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187 | 187 | | this subchapter or the date the applicant provides to the chief |
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188 | 188 | | appraiser the information necessary for the chief appraiser to |
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189 | 189 | | determine the applicant's right to have the applicant's land |
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190 | 190 | | appraised under this subchapter, as the law and facts warrant]: |
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191 | 191 | | (1) approve the application and allow appraisal under |
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192 | 192 | | this subchapter; |
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193 | 193 | | (2) disapprove the application and require [request] |
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194 | 194 | | additional information from the applicant in support of the claim; |
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195 | 195 | | or |
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196 | 196 | | (3) deny the application. |
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197 | 197 | | (a-1) The chief appraiser of an appraisal district |
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198 | 198 | | established in a county with a population of less than one million |
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199 | 199 | | shall make the determination required under Subsection (a) not |
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200 | 200 | | later than the 90th day after the later of the date the applicant's |
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201 | 201 | | land is first eligible for appraisal under this subchapter or the |
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202 | 202 | | date the applicant provides to the chief appraiser the information |
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203 | 203 | | necessary for the chief appraiser to determine the applicant's |
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204 | 204 | | right to have the applicant's land appraised under this subchapter, |
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205 | 205 | | as the law and facts warrant. If it is not practicable for the chief |
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206 | 206 | | appraiser to make the determination by the 90th day, the chief |
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207 | 207 | | appraiser shall make the determination as soon thereafter as |
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208 | 208 | | practicable. |
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209 | 209 | | (a-2) The chief appraiser of an appraisal district |
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210 | 210 | | established in a county with a population of one million or more |
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211 | 211 | | shall make the determination required under Subsection (a) not |
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212 | 212 | | later than the 120th day after the later of the date the applicant's |
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213 | 213 | | land is first eligible for appraisal under this subchapter or the |
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214 | 214 | | date the applicant provides to the chief appraiser the information |
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215 | 215 | | necessary for the chief appraiser to determine the applicant's |
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216 | 216 | | right to have the applicant's land appraised under this subchapter, |
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217 | 217 | | as the law and facts warrant. If it is not practicable for the chief |
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218 | 218 | | appraiser to make the determination by the 120th day, the chief |
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219 | 219 | | appraiser shall make the determination as soon thereafter as |
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220 | 220 | | practicable. |
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221 | 221 | | (b) If the chief appraiser disapproves an application and |
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222 | 222 | | requires additional information from an applicant, the chief |
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223 | 223 | | appraiser shall, as soon as practicable but not later than the 30th |
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224 | 224 | | day after the date the [application is filed with the] chief |
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225 | 225 | | appraiser disapproves the application, deliver a written notice to |
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226 | 226 | | the applicant specifying the additional information the applicant |
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227 | 227 | | must provide to the chief appraiser before the chief appraiser can |
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228 | 228 | | determine the applicant's right to have the applicant's land |
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229 | 229 | | appraised under this subchapter. The applicant must furnish the |
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230 | 230 | | information not later than the 30th day after the date of the |
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231 | 231 | | request or the applicant's application is denied. However, for good |
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232 | 232 | | cause shown the chief appraiser may extend the deadline for |
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233 | 233 | | furnishing the information by written order for a single period not |
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234 | 234 | | to exceed 15 days. |
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235 | 235 | | SECTION 5. Section 23.85, Tax Code, is amended by amending |
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236 | 236 | | Subsections (a) and (b) and adding Subsections (a-1) and (a-2) to |
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237 | 237 | | read as follows: |
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238 | 238 | | (a) The chief appraiser shall determine individually each |
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239 | 239 | | claimant's right to appraisal under this subchapter. After |
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240 | 240 | | considering the application and all relevant information, the chief |
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241 | 241 | | appraiser shall within the period prescribed by Subsection (a-1) or |
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242 | 242 | | (a-2), as applicable [, as soon as practicable but not later than |
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243 | 243 | | the 90th day after the later of the date the claimant is first |
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244 | 244 | | eligible for appraisal under this subchapter or the date the |
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245 | 245 | | claimant provides to the chief appraiser the information necessary |
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246 | 246 | | for the chief appraiser to determine the claimant's right to |
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247 | 247 | | appraisal under this subchapter, as the law and facts warrant]: |
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248 | 248 | | (1) approve the application and allow appraisal under |
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249 | 249 | | this subchapter; |
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250 | 250 | | (2) disapprove the application and require [request] |
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251 | 251 | | additional information from the claimant in support of the claim; |
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252 | 252 | | or |
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253 | 253 | | (3) deny the application. |
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254 | 254 | | (a-1) The chief appraiser of an appraisal district |
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255 | 255 | | established in a county with a population of less than one million |
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256 | 256 | | shall make the determination required under Subsection (a) not |
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257 | 257 | | later than the 90th day after the later of the date the claimant is |
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258 | 258 | | first eligible for appraisal under this subchapter or the date the |
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259 | 259 | | claimant provides to the chief appraiser the information necessary |
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260 | 260 | | for the chief appraiser to determine the claimant's right to |
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261 | 261 | | appraisal under this subchapter, as the law and facts warrant. If it |
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262 | 262 | | is not practicable for the chief appraiser to make the |
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263 | 263 | | determination by the 90th day, the chief appraiser shall make the |
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264 | 264 | | determination as soon thereafter as practicable. |
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265 | 265 | | (a-2) The chief appraiser of an appraisal district |
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266 | 266 | | established in a county with a population of one million or more |
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267 | 267 | | shall make the determination required under Subsection (a) not |
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268 | 268 | | later than the 120th day after the later of the date the claimant is |
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269 | 269 | | first eligible for appraisal under this subchapter or the date the |
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270 | 270 | | claimant provides to the chief appraiser the information necessary |
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271 | 271 | | for the chief appraiser to determine the claimant's right to |
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272 | 272 | | appraisal under this subchapter, as the law and facts warrant. If it |
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273 | 273 | | is not practicable for the chief appraiser to make the |
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274 | 274 | | determination by the 120th day, the chief appraiser shall make the |
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275 | 275 | | determination as soon thereafter as practicable. |
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276 | 276 | | (b) If the chief appraiser disapproves an application and |
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277 | 277 | | requires additional information from a claimant, the chief |
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278 | 278 | | appraiser shall, as soon as practicable but not later than the 30th |
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279 | 279 | | day after the date the [application is filed with the] chief |
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280 | 280 | | appraiser disapproves the application, deliver a written notice to |
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281 | 281 | | the claimant specifying the additional information the claimant |
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282 | 282 | | must provide to the chief appraiser before the chief appraiser can |
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283 | 283 | | determine the claimant's right to appraisal under this subchapter. |
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284 | 284 | | The claimant must furnish the information not later than the 30th |
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285 | 285 | | day after the date of the request or the claimant's application is |
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286 | 286 | | denied. However, for good cause shown the chief appraiser may |
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287 | 287 | | extend the deadline for furnishing additional information by |
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288 | 288 | | written order for a single period not to exceed 15 days. |
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289 | 289 | | SECTION 6. Section 23.95, Tax Code, is amended by amending |
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290 | 290 | | Subsections (a) and (b) and adding Subsections (a-1) and (a-2) to |
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291 | 291 | | read as follows: |
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292 | 292 | | (a) The chief appraiser shall determine individually each |
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293 | 293 | | claimant's right to appraisal under this subchapter. After |
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294 | 294 | | considering the application and all relevant information, the chief |
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295 | 295 | | appraiser shall within the period prescribed by Subsection (a-1) or |
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296 | 296 | | (a-2), as applicable [, as soon as practicable but not later than |
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297 | 297 | | the 90th day after the later of the date the claimant is first |
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298 | 298 | | eligible for appraisal under this subchapter or the date the |
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299 | 299 | | claimant provides to the chief appraiser the information necessary |
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300 | 300 | | for the chief appraiser to determine the claimant's right to |
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301 | 301 | | appraisal under this subchapter, as the law and facts warrant]: |
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302 | 302 | | (1) approve the application and allow appraisal under |
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303 | 303 | | this subchapter; |
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304 | 304 | | (2) disapprove the application and require [request] |
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305 | 305 | | additional information from the claimant in support of the claim; |
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306 | 306 | | or |
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307 | 307 | | (3) deny the application. |
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308 | 308 | | (a-1) The chief appraiser of an appraisal district |
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309 | 309 | | established in a county with a population of less than one million |
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310 | 310 | | shall make the determination required under Subsection (a) not |
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311 | 311 | | later than the 90th day after the later of the date the claimant is |
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312 | 312 | | first eligible for appraisal under this subchapter or the date the |
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313 | 313 | | claimant provides to the chief appraiser the information necessary |
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314 | 314 | | for the chief appraiser to determine the claimant's right to |
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315 | 315 | | appraisal under this subchapter, as the law and facts warrant. If it |
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316 | 316 | | is not practicable for the chief appraiser to make the |
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317 | 317 | | determination by the 90th day, the chief appraiser shall make the |
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318 | 318 | | determination as soon thereafter as practicable. |
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319 | 319 | | (a-2) The chief appraiser of an appraisal district |
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320 | 320 | | established in a county with a population of one million or more |
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321 | 321 | | shall make the determination required under Subsection (a) not |
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322 | 322 | | later than the 120th day after the later of the date the claimant is |
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323 | 323 | | first eligible for appraisal under this subchapter or the date the |
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324 | 324 | | claimant provides to the chief appraiser the information necessary |
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325 | 325 | | for the chief appraiser to determine the claimant's right to |
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326 | 326 | | appraisal under this subchapter, as the law and facts warrant. If it |
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327 | 327 | | is not practicable for the chief appraiser to make the |
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328 | 328 | | determination by the 120th day, the chief appraiser shall make the |
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329 | 329 | | determination as soon thereafter as practicable. |
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330 | 330 | | (b) If the chief appraiser disapproves an application and |
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331 | 331 | | requires additional information from a claimant, the chief |
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332 | 332 | | appraiser shall, as soon as practicable but not later than the 30th |
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333 | 333 | | day after the date the [application is filed with the] chief |
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334 | 334 | | appraiser disapproves the application, deliver a written notice to |
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335 | 335 | | the claimant specifying the additional information the claimant |
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336 | 336 | | must provide to the chief appraiser before the chief appraiser can |
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337 | 337 | | determine the claimant's right to appraisal under this subchapter. |
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338 | 338 | | The claimant must furnish the information not later than the 30th |
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339 | 339 | | day after the date of the request or before April 15, whichever is |
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340 | 340 | | earlier, or the claimant's application is denied. However, for good |
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341 | 341 | | cause shown the chief appraiser may extend the deadline for |
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342 | 342 | | furnishing additional information by written order for a single |
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343 | 343 | | period not to exceed 15 days. |
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344 | 344 | | SECTION 7. Section 23.9805, Tax Code, is amended by |
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345 | 345 | | amending Subsections (a) and (b) and adding Subsections (a-1) and |
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346 | 346 | | (a-2) to read as follows: |
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347 | 347 | | (a) The chief appraiser shall determine separately each |
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348 | 348 | | applicant's right to have the applicant's land appraised under this |
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349 | 349 | | subchapter. After considering the application and all relevant |
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350 | 350 | | information, the chief appraiser shall within the period prescribed |
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351 | 351 | | by Subsection (a-1) or (a-2), as applicable [, as soon as |
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352 | 352 | | practicable but not later than the 90th day after the later of the |
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353 | 353 | | date the applicant's land is first eligible for appraisal under |
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354 | 354 | | this subchapter or the date the applicant provides to the chief |
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355 | 355 | | appraiser the information necessary for the chief appraiser to |
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356 | 356 | | determine the applicant's right to have the applicant's land |
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357 | 357 | | appraised under this subchapter, based on the law and facts]: |
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358 | 358 | | (1) approve the application and allow appraisal under |
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359 | 359 | | this subchapter; |
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360 | 360 | | (2) disapprove the application and require [request] |
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361 | 361 | | additional information from the applicant in support of the claim; |
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362 | 362 | | or |
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363 | 363 | | (3) deny the application. |
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364 | 364 | | (a-1) The chief appraiser of an appraisal district |
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365 | 365 | | established in a county with a population of less than one million |
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366 | 366 | | shall make the determination required under Subsection (a) not |
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367 | 367 | | later than the 90th day after the later of the date the applicant's |
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368 | 368 | | land is first eligible for appraisal under this subchapter or the |
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369 | 369 | | date the applicant provides to the chief appraiser the information |
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370 | 370 | | necessary for the chief appraiser to determine the applicant's |
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371 | 371 | | right to have the applicant's land appraised under this subchapter, |
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372 | 372 | | as the law and facts warrant. If it is not practicable for the chief |
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373 | 373 | | appraiser to make the determination by the 90th day, the chief |
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374 | 374 | | appraiser shall make the determination as soon thereafter as |
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375 | 375 | | practicable. |
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376 | 376 | | (a-2) The chief appraiser of an appraisal district |
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377 | 377 | | established in a county with a population of one million or more |
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378 | 378 | | shall make the determination required under Subsection (a) not |
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379 | 379 | | later than the 120th day after the later of the date the applicant's |
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380 | 380 | | land is first eligible for appraisal under this subchapter or the |
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381 | 381 | | date the applicant provides to the chief appraiser the information |
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382 | 382 | | necessary for the chief appraiser to determine the applicant's |
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383 | 383 | | right to have the applicant's land appraised under this subchapter, |
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384 | 384 | | as the law and facts warrant. If it is not practicable for the chief |
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385 | 385 | | appraiser to make the determination by the 120th day, the chief |
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386 | 386 | | appraiser shall make the determination as soon thereafter as |
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387 | 387 | | practicable. |
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388 | 388 | | (b) If the chief appraiser disapproves an application and |
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389 | 389 | | requires additional information from an applicant, the chief |
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390 | 390 | | appraiser shall, as soon as practicable but not later than the 30th |
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391 | 391 | | day after the date the [application is filed with the] chief |
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392 | 392 | | appraiser disapproves the application, deliver a written notice to |
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393 | 393 | | the applicant specifying the additional information the applicant |
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394 | 394 | | must provide to the chief appraiser before the chief appraiser can |
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395 | 395 | | determine the applicant's right to have the applicant's land |
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396 | 396 | | appraised under this subchapter. The applicant must furnish the |
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397 | 397 | | information not later than the 30th day after the date of the |
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398 | 398 | | request or the chief appraiser shall deny the applicant's |
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399 | 399 | | application. However, for good cause shown, the chief appraiser may |
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400 | 400 | | extend the deadline for furnishing the information by written order |
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401 | 401 | | for a single period not to exceed 15 days. |
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402 | 402 | | SECTION 8. Section 25.25, Tax Code, is amended by amending |
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403 | 403 | | Subsection (e) and adding Subsections (e-1) and (e-2) to read as |
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404 | 404 | | follows: |
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405 | 405 | | (e) If the chief appraiser and the property owner do not |
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406 | 406 | | agree to the correction before the 15th day after the date the |
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407 | 407 | | motion is filed, a party bringing a motion under Subsection (c), |
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408 | 408 | | (c-1), or (d) is entitled on request to a hearing on and a |
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409 | 409 | | determination of the motion by the appraisal review board. A party |
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410 | 410 | | bringing a motion under this section must describe the error or |
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411 | 411 | | errors that the motion is seeking to correct. The appraisal review |
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412 | 412 | | board shall schedule a hearing on the motion within the period |
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413 | 413 | | prescribed by Subsection (e-1) or (e-2), as applicable. [If a |
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414 | 414 | | request for hearing is made on or after January 1 but before |
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415 | 415 | | September 1, the appraisal review board shall schedule the hearing |
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416 | 416 | | to be held as soon as practicable but not later than the 90th day |
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417 | 417 | | after the date the board approves the appraisal records as provided |
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418 | 418 | | by Section 41.12. If a request for hearing is made on or after |
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419 | 419 | | September 1 but before January 1 of the following tax year, the |
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420 | 420 | | appraisal review board shall schedule the hearing to be held as soon |
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421 | 421 | | as practicable but not later than the 90th day after the date the |
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422 | 422 | | request for the hearing is made.] Not later than 15 days before the |
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423 | 423 | | date of the hearing, the board shall deliver written notice of the |
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424 | 424 | | date, time, and place of the hearing to the chief appraiser, the |
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425 | 425 | | property owner, and the presiding officer of the governing body of |
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426 | 426 | | each taxing unit in which the property is located. The chief |
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427 | 427 | | appraiser, the property owner, and each taxing unit are entitled to |
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428 | 428 | | present evidence and argument at the hearing and to receive written |
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429 | 429 | | notice of the board's determination of the motion. The property |
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430 | 430 | | owner is entitled to elect to present the owner's evidence and |
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431 | 431 | | argument before, after, or between the cases presented by the chief |
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432 | 432 | | appraiser and each taxing unit. A property owner who files the |
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433 | 433 | | motion must comply with the payment requirements of Section 25.26 |
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434 | 434 | | or forfeit the right to a final determination of the motion. |
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435 | 435 | | (e-1) If a request for hearing is made on or after January 1 |
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436 | 436 | | but before September 1, the appraisal review board shall schedule |
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437 | 437 | | the hearing to be held not later than: |
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438 | 438 | | (1) the 90th day after the date the board approves the |
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439 | 439 | | appraisal records as provided by Section 41.12, or as soon |
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440 | 440 | | thereafter as practicable, if the appraisal district is established |
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441 | 441 | | in a county with a population of less than one million; or |
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442 | 442 | | (2) the 120th day after the date the board approves the |
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443 | 443 | | appraisal records as provided by Section 41.12, or as soon |
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444 | 444 | | thereafter as practicable, if the appraisal district is established |
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445 | 445 | | in a county with a population of one million or more. |
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446 | 446 | | (e-2) If a request for hearing is made on or after September |
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447 | 447 | | 1 but before January 1 of the following tax year, the appraisal |
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448 | 448 | | review board shall schedule the hearing to be held not later than: |
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449 | 449 | | (1) the 90th day after the date the request for the |
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450 | 450 | | hearing is made, or as soon thereafter as practicable, if the |
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451 | 451 | | appraisal district is established in a county with a population of |
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452 | 452 | | less than one million; or |
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453 | 453 | | (2) the 120th day after the date the request for the |
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454 | 454 | | hearing is made, or as soon thereafter as practicable, if the |
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455 | 455 | | appraisal district is established in a county with a population of |
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456 | 456 | | one million or more. |
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457 | 457 | | SECTION 9. Section 41.45, Tax Code, is amended by amending |
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458 | 458 | | Subsection (a) and adding Subsections (a-1) and (a-2) to read as |
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459 | 459 | | follows: |
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460 | 460 | | (a) On the filing of a notice as required by Section 41.44, |
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461 | 461 | | the appraisal review board shall schedule a hearing on the protest. |
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462 | 462 | | The appraisal review board shall schedule the hearing to be held |
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463 | 463 | | within the period prescribed by Subsection (a-1) or (a-2), as |
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464 | 464 | | applicable [as soon as practicable but not later than the 90th day |
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465 | 465 | | after the date the board approves the appraisal records as provided |
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466 | 466 | | by Section 41.12]. If more than one protest is filed relating to the |
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467 | 467 | | same property, the appraisal review board shall schedule a single |
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468 | 468 | | hearing on all timely filed protests relating to the property. A |
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469 | 469 | | hearing for a property that is owned in undivided or fractional |
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470 | 470 | | interests, including separate interests in a mineral in place, |
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471 | 471 | | shall be scheduled to provide for participation by all owners who |
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472 | 472 | | have timely filed a protest. |
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473 | 473 | | (a-1) The appraisal review board of an appraisal district |
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474 | 474 | | established in a county with a population of less than one million |
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475 | 475 | | shall schedule a hearing on the protest under Subsection (a) not |
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476 | 476 | | later than the 90th day after the date the board approves the |
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477 | 477 | | appraisal records as provided by Section 41.12. If it is not |
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478 | 478 | | practicable for the board to hold the hearing by the 90th day, the |
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479 | 479 | | board shall schedule the hearing to be held as soon thereafter as |
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480 | 480 | | practicable. |
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481 | 481 | | (a-2) The appraisal review board of an appraisal district |
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482 | 482 | | established in a county with a population of one million or more |
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483 | 483 | | shall schedule a hearing on the protest under Subsection (a) not |
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484 | 484 | | later than the 120th day after the date the board approves the |
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485 | 485 | | appraisal records as provided by Section 41.12. If it is not |
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486 | 486 | | practicable for the board to hold the hearing by the 120th day, the |
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487 | 487 | | board shall schedule the hearing to be held as soon thereafter as |
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488 | 488 | | practicable. |
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489 | 489 | | SECTION 10. The changes in law made by this Act apply only |
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490 | 490 | | to an ad valorem tax year that begins on or after the effective date |
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491 | 491 | | of this Act. |
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492 | 492 | | SECTION 11. This Act takes effect January 1, 2024. |
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