Texas 2023 - 88th Regular

Texas Senate Bill SB1800 Compare Versions

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11 88R7540 MLH-F
22 By: Springer S.B. No. 1800
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the deadline for certain officials of an appraisal
88 district to take certain actions.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 11.45, Tax Code, is amended by amending
1111 Subsections (a) and (b) and adding Subsections (a-1) and (a-2) to
1212 read as follows:
1313 (a) The chief appraiser shall determine separately each
1414 applicant's right to an exemption. After considering the
1515 application and all relevant information, the chief appraiser shall
1616 within the period prescribed by Subsection (a-1) or (a-2), as
1717 applicable [, as soon as practicable but not later than the 90th day
1818 after the later of the date the applicant first qualifies for the
1919 exemption or the date the applicant provides to the chief appraiser
2020 the information necessary for the chief appraiser to determine the
2121 applicant's right to the exemption, as the law and facts warrant]:
2222 (1) approve the application and allow the exemption;
2323 (2) modify the exemption applied for and allow the
2424 exemption as modified;
2525 (3) disapprove the application and require [request]
2626 additional information from the applicant in support of the claim;
2727 or
2828 (4) deny the application.
2929 (a-1) The chief appraiser of an appraisal district
3030 established in a county with a population of less than one million
3131 shall make the determination required under Subsection (a) not
3232 later than the 90th day after the later of the date the applicant
3333 first qualifies for the exemption or the date the applicant
3434 provides to the chief appraiser the information necessary for the
3535 chief appraiser to determine the applicant's right to the
3636 exemption, as the law and facts warrant. If it is not practicable
3737 for the chief appraiser to make the determination by the 90th day,
3838 the chief appraiser shall make the determination as soon thereafter
3939 as practicable.
4040 (a-2) The chief appraiser of an appraisal district
4141 established in a county with a population of one million or more
4242 shall make the determination required under Subsection (a) not
4343 later than the 120th day after the later of the date the applicant
4444 first qualifies for the exemption or the date the applicant
4545 provides to the chief appraiser the information necessary for the
4646 chief appraiser to determine the applicant's right to the
4747 exemption, as the law and facts warrant. If it is not practicable
4848 for the chief appraiser to make the determination by the 120th day,
4949 the chief appraiser shall make the determination as soon thereafter
5050 as practicable.
5151 (b) If the chief appraiser disapproves an application and
5252 requires additional information from an applicant, the chief
5353 appraiser shall, as soon as practicable but not later than the 30th
5454 day after the date the [application is filed with the] chief
5555 appraiser disapproves the application, deliver a written notice to
5656 the applicant specifying the additional information the applicant
5757 must provide to the chief appraiser before the chief appraiser can
5858 determine the applicant's right to the exemption. The applicant
5959 must furnish the information not later than the 30th day after the
6060 date of the request or the applicant's application is denied.
6161 However, for good cause shown the chief appraiser may extend the
6262 deadline for furnishing the information by written order for a
6363 single period not to exceed 15 days.
6464 SECTION 2. Section 23.44, Tax Code, is amended by amending
6565 Subsections (a) and (b) and adding Subsections (a-1) and (a-2) to
6666 read as follows:
6767 (a) The chief appraiser shall determine individually each
6868 claimant's right to the agricultural designation. After
6969 considering the application and all relevant information, the chief
7070 appraiser shall within the period prescribed by Subsection (a-1) or
7171 (a-2), as applicable [, as soon as practicable but not later than
7272 the 90th day after the later of the date the claimant is first
7373 eligible for the agricultural designation or the date the claimant
7474 provides to the chief appraiser the information necessary for the
7575 chief appraiser to determine the claimant's right to the
7676 agricultural designation, as the law and facts warrant]:
7777 (1) approve the application and designate the land for
7878 agricultural use;
7979 (2) disapprove the application and require [request]
8080 additional information from the claimant in support of the claim;
8181 or
8282 (3) deny the application.
8383 (a-1) The chief appraiser of an appraisal district
8484 established in a county with a population of less than one million
8585 shall make the determination required under Subsection (a) not
8686 later than the 90th day after the later of the date the claimant is
8787 first eligible for the agricultural designation or the date the
8888 claimant provides to the chief appraiser the information necessary
8989 for the chief appraiser to determine the claimant's right to the
9090 agricultural designation, as the law and facts warrant. If it is not
9191 practicable for the chief appraiser to make the determination by
9292 the 90th day, the chief appraiser shall make the determination as
9393 soon thereafter as practicable.
9494 (a-2) The chief appraiser of an appraisal district
9595 established in a county with a population of one million or more
9696 shall make the determination required under Subsection (a) not
9797 later than the 120th day after the later of the date the claimant is
9898 first eligible for the agricultural designation or the date the
9999 claimant provides to the chief appraiser the information necessary
100100 for the chief appraiser to determine the claimant's right to the
101101 agricultural designation, as the law and facts warrant. If it is not
102102 practicable for the chief appraiser to make the determination by
103103 the 120th day, the chief appraiser shall make the determination as
104104 soon thereafter as practicable.
105105 (b) If the chief appraiser disapproves an application and
106106 requires additional information from a claimant, the chief
107107 appraiser shall, as soon as practicable but not later than the 30th
108108 day after the date the [application is filed with the] chief
109109 appraiser disapproves the application, deliver a written notice to
110110 the claimant specifying the additional information the claimant
111111 must provide to the chief appraiser before the chief appraiser can
112112 determine the claimant's [applicant's] right to the agricultural
113113 designation. The claimant must furnish the information not later
114114 than the 30th day after the date of the request or the claimant's
115115 application is denied. However, for good cause shown the chief
116116 appraiser may extend the deadline for furnishing additional
117117 information by written order for a single period not to exceed 15
118118 days.
119119 SECTION 3. Section 23.57, Tax Code, is amended by amending
120120 Subsections (a) and (b) and adding Subsections (a-1) and (a-2) to
121121 read as follows:
122122 (a) The chief appraiser shall determine separately each
123123 applicant's right to have the applicant's land appraised under this
124124 subchapter. After considering the application and all relevant
125125 information, the chief appraiser shall within the period prescribed
126126 by Subsection (a-1) or (a-2), as applicable [, as soon as
127127 practicable but not later than the 90th day after the later of the
128128 date the applicant's land is first eligible for appraisal under
129129 this subchapter or the date the applicant provides to the chief
130130 appraiser the information necessary for the chief appraiser to
131131 determine the applicant's right to have the applicant's land
132132 appraised under this subchapter, as the law and facts warrant]:
133133 (1) approve the application and allow appraisal under
134134 this subchapter;
135135 (2) disapprove the application and require [request]
136136 additional information from the applicant in support of the claim;
137137 or
138138 (3) deny the application.
139139 (a-1) The chief appraiser of an appraisal district
140140 established in a county with a population of less than one million
141141 shall make the determination required under Subsection (a) not
142142 later than the 90th day after the later of the date the applicant's
143143 land is first eligible for appraisal under this subchapter or the
144144 date the applicant provides to the chief appraiser the information
145145 necessary for the chief appraiser to determine the applicant's
146146 right to have the applicant's land appraised under this subchapter,
147147 as the law and facts warrant. If it is not practicable for the chief
148148 appraiser to make the determination by the 90th day, the chief
149149 appraiser shall make the determination as soon thereafter as
150150 practicable.
151151 (a-2) The chief appraiser of an appraisal district
152152 established in a county with a population of one million or more
153153 shall make the determination required under Subsection (a) not
154154 later than the 120th day after the later of the date the applicant's
155155 land is first eligible for appraisal under this subchapter or the
156156 date the applicant provides to the chief appraiser the information
157157 necessary for the chief appraiser to determine the applicant's
158158 right to have the applicant's land appraised under this subchapter,
159159 as the law and facts warrant. If it is not practicable for the chief
160160 appraiser to make the determination by the 120th day, the chief
161161 appraiser shall make the determination as soon thereafter as
162162 practicable.
163163 (b) If the chief appraiser disapproves an application and
164164 requires additional information from an applicant, the chief
165165 appraiser shall, as soon as practicable but not later than the 30th
166166 day after the date the [application is filed with the] chief
167167 appraiser disapproves the application, deliver a written notice to
168168 the applicant specifying the additional information the applicant
169169 must provide to the chief appraiser before the chief appraiser can
170170 determine the applicant's right to have the applicant's land
171171 appraised under this subchapter. The applicant must furnish the
172172 information not later than the 30th day after the date of the
173173 request or the applicant's application is denied. However, for good
174174 cause shown the chief appraiser may extend the deadline for
175175 furnishing the information by written order for a single period not
176176 to exceed 15 days.
177177 SECTION 4. Section 23.79, Tax Code, is amended by amending
178178 Subsections (a) and (b) and adding Subsections (a-1) and (a-2) to
179179 read as follows:
180180 (a) The chief appraiser shall determine separately each
181181 applicant's right to have the applicant's land appraised under this
182182 subchapter. After considering the application and all relevant
183183 information, the chief appraiser shall within the period prescribed
184184 by Subsection (a-1) or (a-2), as applicable [, as soon as
185185 practicable but not later than the 90th day after the later of the
186186 date the applicant's land is first eligible for appraisal under
187187 this subchapter or the date the applicant provides to the chief
188188 appraiser the information necessary for the chief appraiser to
189189 determine the applicant's right to have the applicant's land
190190 appraised under this subchapter, as the law and facts warrant]:
191191 (1) approve the application and allow appraisal under
192192 this subchapter;
193193 (2) disapprove the application and require [request]
194194 additional information from the applicant in support of the claim;
195195 or
196196 (3) deny the application.
197197 (a-1) The chief appraiser of an appraisal district
198198 established in a county with a population of less than one million
199199 shall make the determination required under Subsection (a) not
200200 later than the 90th day after the later of the date the applicant's
201201 land is first eligible for appraisal under this subchapter or the
202202 date the applicant provides to the chief appraiser the information
203203 necessary for the chief appraiser to determine the applicant's
204204 right to have the applicant's land appraised under this subchapter,
205205 as the law and facts warrant. If it is not practicable for the chief
206206 appraiser to make the determination by the 90th day, the chief
207207 appraiser shall make the determination as soon thereafter as
208208 practicable.
209209 (a-2) The chief appraiser of an appraisal district
210210 established in a county with a population of one million or more
211211 shall make the determination required under Subsection (a) not
212212 later than the 120th day after the later of the date the applicant's
213213 land is first eligible for appraisal under this subchapter or the
214214 date the applicant provides to the chief appraiser the information
215215 necessary for the chief appraiser to determine the applicant's
216216 right to have the applicant's land appraised under this subchapter,
217217 as the law and facts warrant. If it is not practicable for the chief
218218 appraiser to make the determination by the 120th day, the chief
219219 appraiser shall make the determination as soon thereafter as
220220 practicable.
221221 (b) If the chief appraiser disapproves an application and
222222 requires additional information from an applicant, the chief
223223 appraiser shall, as soon as practicable but not later than the 30th
224224 day after the date the [application is filed with the] chief
225225 appraiser disapproves the application, deliver a written notice to
226226 the applicant specifying the additional information the applicant
227227 must provide to the chief appraiser before the chief appraiser can
228228 determine the applicant's right to have the applicant's land
229229 appraised under this subchapter. The applicant must furnish the
230230 information not later than the 30th day after the date of the
231231 request or the applicant's application is denied. However, for good
232232 cause shown the chief appraiser may extend the deadline for
233233 furnishing the information by written order for a single period not
234234 to exceed 15 days.
235235 SECTION 5. Section 23.85, Tax Code, is amended by amending
236236 Subsections (a) and (b) and adding Subsections (a-1) and (a-2) to
237237 read as follows:
238238 (a) The chief appraiser shall determine individually each
239239 claimant's right to appraisal under this subchapter. After
240240 considering the application and all relevant information, the chief
241241 appraiser shall within the period prescribed by Subsection (a-1) or
242242 (a-2), as applicable [, as soon as practicable but not later than
243243 the 90th day after the later of the date the claimant is first
244244 eligible for appraisal under this subchapter or the date the
245245 claimant provides to the chief appraiser the information necessary
246246 for the chief appraiser to determine the claimant's right to
247247 appraisal under this subchapter, as the law and facts warrant]:
248248 (1) approve the application and allow appraisal under
249249 this subchapter;
250250 (2) disapprove the application and require [request]
251251 additional information from the claimant in support of the claim;
252252 or
253253 (3) deny the application.
254254 (a-1) The chief appraiser of an appraisal district
255255 established in a county with a population of less than one million
256256 shall make the determination required under Subsection (a) not
257257 later than the 90th day after the later of the date the claimant is
258258 first eligible for appraisal under this subchapter or the date the
259259 claimant provides to the chief appraiser the information necessary
260260 for the chief appraiser to determine the claimant's right to
261261 appraisal under this subchapter, as the law and facts warrant. If it
262262 is not practicable for the chief appraiser to make the
263263 determination by the 90th day, the chief appraiser shall make the
264264 determination as soon thereafter as practicable.
265265 (a-2) The chief appraiser of an appraisal district
266266 established in a county with a population of one million or more
267267 shall make the determination required under Subsection (a) not
268268 later than the 120th day after the later of the date the claimant is
269269 first eligible for appraisal under this subchapter or the date the
270270 claimant provides to the chief appraiser the information necessary
271271 for the chief appraiser to determine the claimant's right to
272272 appraisal under this subchapter, as the law and facts warrant. If it
273273 is not practicable for the chief appraiser to make the
274274 determination by the 120th day, the chief appraiser shall make the
275275 determination as soon thereafter as practicable.
276276 (b) If the chief appraiser disapproves an application and
277277 requires additional information from a claimant, the chief
278278 appraiser shall, as soon as practicable but not later than the 30th
279279 day after the date the [application is filed with the] chief
280280 appraiser disapproves the application, deliver a written notice to
281281 the claimant specifying the additional information the claimant
282282 must provide to the chief appraiser before the chief appraiser can
283283 determine the claimant's right to appraisal under this subchapter.
284284 The claimant must furnish the information not later than the 30th
285285 day after the date of the request or the claimant's application is
286286 denied. However, for good cause shown the chief appraiser may
287287 extend the deadline for furnishing additional information by
288288 written order for a single period not to exceed 15 days.
289289 SECTION 6. Section 23.95, Tax Code, is amended by amending
290290 Subsections (a) and (b) and adding Subsections (a-1) and (a-2) to
291291 read as follows:
292292 (a) The chief appraiser shall determine individually each
293293 claimant's right to appraisal under this subchapter. After
294294 considering the application and all relevant information, the chief
295295 appraiser shall within the period prescribed by Subsection (a-1) or
296296 (a-2), as applicable [, as soon as practicable but not later than
297297 the 90th day after the later of the date the claimant is first
298298 eligible for appraisal under this subchapter or the date the
299299 claimant provides to the chief appraiser the information necessary
300300 for the chief appraiser to determine the claimant's right to
301301 appraisal under this subchapter, as the law and facts warrant]:
302302 (1) approve the application and allow appraisal under
303303 this subchapter;
304304 (2) disapprove the application and require [request]
305305 additional information from the claimant in support of the claim;
306306 or
307307 (3) deny the application.
308308 (a-1) The chief appraiser of an appraisal district
309309 established in a county with a population of less than one million
310310 shall make the determination required under Subsection (a) not
311311 later than the 90th day after the later of the date the claimant is
312312 first eligible for appraisal under this subchapter or the date the
313313 claimant provides to the chief appraiser the information necessary
314314 for the chief appraiser to determine the claimant's right to
315315 appraisal under this subchapter, as the law and facts warrant. If it
316316 is not practicable for the chief appraiser to make the
317317 determination by the 90th day, the chief appraiser shall make the
318318 determination as soon thereafter as practicable.
319319 (a-2) The chief appraiser of an appraisal district
320320 established in a county with a population of one million or more
321321 shall make the determination required under Subsection (a) not
322322 later than the 120th day after the later of the date the claimant is
323323 first eligible for appraisal under this subchapter or the date the
324324 claimant provides to the chief appraiser the information necessary
325325 for the chief appraiser to determine the claimant's right to
326326 appraisal under this subchapter, as the law and facts warrant. If it
327327 is not practicable for the chief appraiser to make the
328328 determination by the 120th day, the chief appraiser shall make the
329329 determination as soon thereafter as practicable.
330330 (b) If the chief appraiser disapproves an application and
331331 requires additional information from a claimant, the chief
332332 appraiser shall, as soon as practicable but not later than the 30th
333333 day after the date the [application is filed with the] chief
334334 appraiser disapproves the application, deliver a written notice to
335335 the claimant specifying the additional information the claimant
336336 must provide to the chief appraiser before the chief appraiser can
337337 determine the claimant's right to appraisal under this subchapter.
338338 The claimant must furnish the information not later than the 30th
339339 day after the date of the request or before April 15, whichever is
340340 earlier, or the claimant's application is denied. However, for good
341341 cause shown the chief appraiser may extend the deadline for
342342 furnishing additional information by written order for a single
343343 period not to exceed 15 days.
344344 SECTION 7. Section 23.9805, Tax Code, is amended by
345345 amending Subsections (a) and (b) and adding Subsections (a-1) and
346346 (a-2) to read as follows:
347347 (a) The chief appraiser shall determine separately each
348348 applicant's right to have the applicant's land appraised under this
349349 subchapter. After considering the application and all relevant
350350 information, the chief appraiser shall within the period prescribed
351351 by Subsection (a-1) or (a-2), as applicable [, as soon as
352352 practicable but not later than the 90th day after the later of the
353353 date the applicant's land is first eligible for appraisal under
354354 this subchapter or the date the applicant provides to the chief
355355 appraiser the information necessary for the chief appraiser to
356356 determine the applicant's right to have the applicant's land
357357 appraised under this subchapter, based on the law and facts]:
358358 (1) approve the application and allow appraisal under
359359 this subchapter;
360360 (2) disapprove the application and require [request]
361361 additional information from the applicant in support of the claim;
362362 or
363363 (3) deny the application.
364364 (a-1) The chief appraiser of an appraisal district
365365 established in a county with a population of less than one million
366366 shall make the determination required under Subsection (a) not
367367 later than the 90th day after the later of the date the applicant's
368368 land is first eligible for appraisal under this subchapter or the
369369 date the applicant provides to the chief appraiser the information
370370 necessary for the chief appraiser to determine the applicant's
371371 right to have the applicant's land appraised under this subchapter,
372372 as the law and facts warrant. If it is not practicable for the chief
373373 appraiser to make the determination by the 90th day, the chief
374374 appraiser shall make the determination as soon thereafter as
375375 practicable.
376376 (a-2) The chief appraiser of an appraisal district
377377 established in a county with a population of one million or more
378378 shall make the determination required under Subsection (a) not
379379 later than the 120th day after the later of the date the applicant's
380380 land is first eligible for appraisal under this subchapter or the
381381 date the applicant provides to the chief appraiser the information
382382 necessary for the chief appraiser to determine the applicant's
383383 right to have the applicant's land appraised under this subchapter,
384384 as the law and facts warrant. If it is not practicable for the chief
385385 appraiser to make the determination by the 120th day, the chief
386386 appraiser shall make the determination as soon thereafter as
387387 practicable.
388388 (b) If the chief appraiser disapproves an application and
389389 requires additional information from an applicant, the chief
390390 appraiser shall, as soon as practicable but not later than the 30th
391391 day after the date the [application is filed with the] chief
392392 appraiser disapproves the application, deliver a written notice to
393393 the applicant specifying the additional information the applicant
394394 must provide to the chief appraiser before the chief appraiser can
395395 determine the applicant's right to have the applicant's land
396396 appraised under this subchapter. The applicant must furnish the
397397 information not later than the 30th day after the date of the
398398 request or the chief appraiser shall deny the applicant's
399399 application. However, for good cause shown, the chief appraiser may
400400 extend the deadline for furnishing the information by written order
401401 for a single period not to exceed 15 days.
402402 SECTION 8. Section 25.25, Tax Code, is amended by amending
403403 Subsection (e) and adding Subsections (e-1) and (e-2) to read as
404404 follows:
405405 (e) If the chief appraiser and the property owner do not
406406 agree to the correction before the 15th day after the date the
407407 motion is filed, a party bringing a motion under Subsection (c),
408408 (c-1), or (d) is entitled on request to a hearing on and a
409409 determination of the motion by the appraisal review board. A party
410410 bringing a motion under this section must describe the error or
411411 errors that the motion is seeking to correct. The appraisal review
412412 board shall schedule a hearing on the motion within the period
413413 prescribed by Subsection (e-1) or (e-2), as applicable. [If a
414414 request for hearing is made on or after January 1 but before
415415 September 1, the appraisal review board shall schedule the hearing
416416 to be held as soon as practicable but not later than the 90th day
417417 after the date the board approves the appraisal records as provided
418418 by Section 41.12. If a request for hearing is made on or after
419419 September 1 but before January 1 of the following tax year, the
420420 appraisal review board shall schedule the hearing to be held as soon
421421 as practicable but not later than the 90th day after the date the
422422 request for the hearing is made.] Not later than 15 days before the
423423 date of the hearing, the board shall deliver written notice of the
424424 date, time, and place of the hearing to the chief appraiser, the
425425 property owner, and the presiding officer of the governing body of
426426 each taxing unit in which the property is located. The chief
427427 appraiser, the property owner, and each taxing unit are entitled to
428428 present evidence and argument at the hearing and to receive written
429429 notice of the board's determination of the motion. The property
430430 owner is entitled to elect to present the owner's evidence and
431431 argument before, after, or between the cases presented by the chief
432432 appraiser and each taxing unit. A property owner who files the
433433 motion must comply with the payment requirements of Section 25.26
434434 or forfeit the right to a final determination of the motion.
435435 (e-1) If a request for hearing is made on or after January 1
436436 but before September 1, the appraisal review board shall schedule
437437 the hearing to be held not later than:
438438 (1) the 90th day after the date the board approves the
439439 appraisal records as provided by Section 41.12, or as soon
440440 thereafter as practicable, if the appraisal district is established
441441 in a county with a population of less than one million; or
442442 (2) the 120th day after the date the board approves the
443443 appraisal records as provided by Section 41.12, or as soon
444444 thereafter as practicable, if the appraisal district is established
445445 in a county with a population of one million or more.
446446 (e-2) If a request for hearing is made on or after September
447447 1 but before January 1 of the following tax year, the appraisal
448448 review board shall schedule the hearing to be held not later than:
449449 (1) the 90th day after the date the request for the
450450 hearing is made, or as soon thereafter as practicable, if the
451451 appraisal district is established in a county with a population of
452452 less than one million; or
453453 (2) the 120th day after the date the request for the
454454 hearing is made, or as soon thereafter as practicable, if the
455455 appraisal district is established in a county with a population of
456456 one million or more.
457457 SECTION 9. Section 41.45, Tax Code, is amended by amending
458458 Subsection (a) and adding Subsections (a-1) and (a-2) to read as
459459 follows:
460460 (a) On the filing of a notice as required by Section 41.44,
461461 the appraisal review board shall schedule a hearing on the protest.
462462 The appraisal review board shall schedule the hearing to be held
463463 within the period prescribed by Subsection (a-1) or (a-2), as
464464 applicable [as soon as practicable but not later than the 90th day
465465 after the date the board approves the appraisal records as provided
466466 by Section 41.12]. If more than one protest is filed relating to the
467467 same property, the appraisal review board shall schedule a single
468468 hearing on all timely filed protests relating to the property. A
469469 hearing for a property that is owned in undivided or fractional
470470 interests, including separate interests in a mineral in place,
471471 shall be scheduled to provide for participation by all owners who
472472 have timely filed a protest.
473473 (a-1) The appraisal review board of an appraisal district
474474 established in a county with a population of less than one million
475475 shall schedule a hearing on the protest under Subsection (a) not
476476 later than the 90th day after the date the board approves the
477477 appraisal records as provided by Section 41.12. If it is not
478478 practicable for the board to hold the hearing by the 90th day, the
479479 board shall schedule the hearing to be held as soon thereafter as
480480 practicable.
481481 (a-2) The appraisal review board of an appraisal district
482482 established in a county with a population of one million or more
483483 shall schedule a hearing on the protest under Subsection (a) not
484484 later than the 120th day after the date the board approves the
485485 appraisal records as provided by Section 41.12. If it is not
486486 practicable for the board to hold the hearing by the 120th day, the
487487 board shall schedule the hearing to be held as soon thereafter as
488488 practicable.
489489 SECTION 10. The changes in law made by this Act apply only
490490 to an ad valorem tax year that begins on or after the effective date
491491 of this Act.
492492 SECTION 11. This Act takes effect January 1, 2024.