Texas 2023 - 88th 2nd C.S.

Texas House Bill HB48

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the collection of delinquent ad valorem taxes.

Impact

The implementation of HB 48 is poised to impact state tax laws by providing property owners with more flexibility in managing their tax debts. By ensuring that payments address core tax liabilities first, the bill aims to reduce the punitive effects of accruing penalties and interest, which can often become overwhelming for delinquent taxpayers. This amendment may encourage timely payments and assist more property owners in avoiding foreclosure and other severe tax collection measures, as it provides clear guidance on the application of payments.

Summary

House Bill 48 aims to reform the collection of delinquent ad valorem taxes in Texas. The bill stipulates that any payment made by a property owner should first be applied to the amount of tax due, with penalties and interest applied only after the tax obligation is settled, unless otherwise instructed by the property owner. Additionally, it limits the total amount of penalties and interest accrued on a delinquent tax to no more than five percent of the tax owed. This seeks to alleviate the financial burden on property owners struggling to keep up with tax payments and related penalties.

Sentiment

The general sentiment around HB 48 is supportive, particularly among advocacy groups and individuals who favor taxpayer protections. Proponents argue that the bill represents a humane approach to tax collection, emphasizing fairness and the need for taxpayers to have more control over the allocation of their payments. However, some critics could argue that it may lead to reduced revenues for local governments that depend on penalties and interest as a source of funding, which might invoke concerns about government budgeting and financial stability.

Contention

Several notable points of contention could arise from HB 48, primarily focusing on the balance between protecting taxpayer rights and ensuring adequate revenue for local governments. While many agree on the need to prevent excessive financial penalties on property owners, there may be disagreements regarding the appropriate limit on penalties and interest. Moreover, the requirement for property owners to provide specific instructions for payment application could complicate the collection process, potentially leading to misunderstandings or disputes between taxpayers and tax collectors.

Texas Constitutional Statutes Affected

Tax Code

  • Chapter 31. Collections
    • Section: New Section
  • Chapter 33. Delinquency
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.