1 | 1 | | By: Guillen H.B. No. 2432 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | A BILL TO BE ENTITLED |
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7 | 7 | | AN ACT |
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8 | 8 | | relating to ad valorem taxation. |
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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 1151.152, Occupations Code, is amended |
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11 | 11 | | by adding Subsections (a) and (b) to read as follows: |
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12 | 12 | | Sec. 1151.152. ELIGIBILITY FOR REGISTRATION. (a) Subject |
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13 | 13 | | to Subsection (b), to [To] be eligible for registration, an |
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14 | 14 | | applicant must: |
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15 | 15 | | (1) be at least 18 years of age; |
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16 | 16 | | (2) reside in this state; |
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17 | 17 | | (3) be of good moral character; |
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18 | 18 | | (4) be a graduate of an accredited high school or |
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19 | 19 | | establish high school graduation equivalency; and |
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20 | 20 | | (5) be actively engaged in appraisal, assessment, or |
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21 | 21 | | collection. |
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22 | 22 | | (b) An applicant who is a person described by Section |
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23 | 23 | | 1151.151(1) or (2), other than a chief appraiser of an appraisal |
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24 | 24 | | district or a person who holds a license or certification as an |
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25 | 25 | | appraiser under Chapter 1103, must, in addition to the requirements |
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26 | 26 | | of Subsection (a), complete educational qualifications approved by |
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27 | 27 | | the department that are substantially similar to the educational |
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28 | 28 | | qualifications for licensing as an appraiser trainee under Chapter |
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29 | 29 | | 1103. |
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30 | 30 | | SECTION 2. Section 403.302, Government Code, is amended by |
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31 | 31 | | amending Subsection (a) and adding Subsection (b-1) to read as |
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32 | 32 | | follows: |
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33 | 33 | | (a) The comptroller shall conduct a study using comparable |
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34 | 34 | | sales and generally accepted auditing and sampling techniques to |
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35 | 35 | | determine the total taxable value of all property in each school |
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36 | 36 | | district. The study shall determine the taxable value of all |
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37 | 37 | | property and of each category of property in the district and the |
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38 | 38 | | productivity value of all land that qualifies for appraisal on the |
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39 | 39 | | basis of its productive capacity and for which the owner has applied |
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40 | 40 | | for and received a productivity appraisal. In each study, the |
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41 | 41 | | comptroller shall determine the taxable value of every category of |
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42 | 42 | | property in the district. The comptroller may not decline to study |
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43 | 43 | | a category of property unless the district does not have any |
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44 | 44 | | property in that category. The comptroller shall make appropriate |
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45 | 45 | | adjustments in the study to account for actions taken under Chapter |
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46 | 46 | | 49, Education Code. |
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47 | 47 | | (b-1) If the comptroller conducts a physical inspection of a |
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48 | 48 | | property in connection with a study, the appraisal district that |
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49 | 49 | | appraises property for the school district is entitled to have a |
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50 | 50 | | representative present during the inspection. The comptroller must |
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51 | 51 | | provide notice of the inspection to the appraisal district not |
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52 | 52 | | later than the 14th day before the date the inspection occurs. |
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53 | 53 | | SECTION 3. Section 1.111, Tax Code, is amended by amending |
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54 | 54 | | Subsection (d) and adding Subsection (d-1) to read as follows: |
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55 | 55 | | (d) Except as provided by Subsection (d-1), a [A] property |
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56 | 56 | | owner may not designate more than one agent to represent the |
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57 | 57 | | property owner in connection with an item of property. The |
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58 | 58 | | designation of an agent in connection with an item of property |
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59 | 59 | | revokes any previous designation of an agent in connection with |
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60 | 60 | | that item of property. |
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61 | 61 | | (d-1) A property owner may designate a different agent to |
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62 | 62 | | represent the property owner in connection with an item of property |
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63 | 63 | | in a different tax year without revoking any previous designation |
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64 | 64 | | of an agent in connection with the same item of property in a |
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65 | 65 | | previous tax year. |
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66 | 66 | | SECTION 4. Section 5.07, Tax Code, is amended by adding |
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67 | 67 | | Subsection (k) to read as follows: |
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68 | 68 | | (k) The comptroller shall prescribe the form that an |
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69 | 69 | | appraisal review board shall use to make a determination required |
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70 | 70 | | to be made by written order under this title. The form must require |
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71 | 71 | | an appraisal review board to include for the property subject to the |
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72 | 72 | | order the property owner's name, the property's identification |
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73 | 73 | | number, the property's legal description and physical address, and |
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74 | 74 | | any other information the comptroller determines necessary. The |
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75 | 75 | | comptroller shall post the form on the comptroller's Internet |
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76 | 76 | | website. |
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77 | 77 | | SECTION 5. Section 6.052, Tax Code, is amended by adding |
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78 | 78 | | Subsection (a-1) to read as follows: |
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79 | 79 | | (a-1) Notwithstanding the requirements of Subsection (a), |
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80 | 80 | | the chief appraiser of an appraisal district shall designate an |
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81 | 81 | | independent ombudsman to provide free assistance to property owners |
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82 | 82 | | who are 65 years of age or older in connection with motions to |
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83 | 83 | | correct an appraisal roll Section 25.25, or protests under |
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84 | 84 | | Subchapter C, Chapter 41. |
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85 | 85 | | SECTION 6. Section 11.161, Tax Code, is amended by adding |
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86 | 86 | | Subsections (c) and (d) to read as follows: |
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87 | 87 | | (c) For purposes of Subsection (a), farm or ranch products |
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88 | 88 | | may be produced by hydroponic farming. |
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89 | 89 | | (d) For purposes of Subsection (a), buildings and |
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90 | 90 | | greenhouses used for the growth or production of hydroponic farming |
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91 | 91 | | products at a hydroponic farm facility are considered to be |
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92 | 92 | | implements of husbandry. |
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93 | 93 | | SECTION 7. Section 11.24, Tax Code, is amended by adding |
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94 | 94 | | Subsection (c) to read as follows: |
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95 | 95 | | (c) For purposes of a structure or archeological site and |
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96 | 96 | | land subject to an exemption under this section, the property owner |
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97 | 97 | | may protest the appraised value of the structure or archeological |
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98 | 98 | | site and the appraised value of the land separately. A property |
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99 | 99 | | owner may protest the allocation of appraised value between the |
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100 | 100 | | structure or archeological site and the land. |
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101 | 101 | | SECTION 8. Section 11.43(i), Tax Code, is amended to read as |
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102 | 102 | | follows: |
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103 | 103 | | (i) If the chief appraiser discovers that an exemption that |
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104 | 104 | | is not required to be claimed annually has been erroneously allowed |
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105 | 105 | | in any one of the three [five] preceding years for real property, or |
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106 | 106 | | in either of the two preceding years for personal property, the |
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107 | 107 | | chief appraiser shall add the property or appraised value that was |
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108 | 108 | | erroneously exempted for each year to the appraisal roll as |
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109 | 109 | | provided by Section 25.21 of this code for other property that |
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110 | 110 | | escapes taxation. If an exemption that was erroneously allowed did |
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111 | 111 | | not apply to all taxing units in which the property was located, the |
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112 | 112 | | chief appraiser shall note on the appraisal records, for each prior |
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113 | 113 | | year, the taxing units that gave the exemption and are entitled to |
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114 | 114 | | impose taxes on the property or value that escaped taxation. |
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115 | 115 | | SECTION 9. Section 11.4391(b), Tax Code, is amended to read |
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116 | 116 | | as follows: |
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117 | 117 | | (b) If the application is approved, the property owner is |
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118 | 118 | | liable to each taxing unit allowing the exemption for a penalty in |
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119 | 119 | | an amount equal to 10 percent of the difference between the amount |
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120 | 120 | | of tax imposed by the taxing unit on the inventory or property, a |
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121 | 121 | | portion of which consists of freeport goods, and the amount that |
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122 | 122 | | would otherwise have been imposed up to a maximum penalty of 10 |
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123 | 123 | | percent of the tax imposed with the exemption. |
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124 | 124 | | SECTION 10. Subchapter C, Chapter 11, Tax Code, is amended |
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125 | 125 | | by adding Section 11.4392 to read as follows: |
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126 | 126 | | Sec. 11.4392. LATE APPLICATION FOR PROPERTY EXEMPTED FROM |
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127 | 127 | | TAXATION BY AGREEMENT. The chief appraiser shall accept and |
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128 | 128 | | approve or deny an application for an exemption a person is entitled |
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129 | 129 | | to receive under Section 11.28 or an agreement entered into under |
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130 | 130 | | Chapter 312 after the deadline for filing it has passed if it is |
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131 | 131 | | filed on or before June 15. |
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132 | 132 | | SECTION 11. Section 21.10(b), Tax Code, is amended to read |
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133 | 133 | | as follows: |
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134 | 134 | | (b) If the application is approved, the property owner is |
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135 | 135 | | liable to each taxing unit for a penalty in an amount equal to 10 |
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136 | 136 | | percent of the difference between the amount of tax imposed by the |
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137 | 137 | | taxing unit on the property without the allocation and the amount of |
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138 | 138 | | tax imposed on the property with the allocation up to a maximum |
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139 | 139 | | penalty of 10 percent of the tax imposed with the allocation. |
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140 | 140 | | SECTION 12. Section 22.27(a), Tax Code, is amended to read |
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141 | 141 | | as follows: |
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142 | 142 | | (a) Rendition statements, real and personal property |
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143 | 143 | | reports, attachments to those statements and reports, and other |
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144 | 144 | | information the owner of property provides to the appraisal office |
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145 | 145 | | in connection with the appraisal of the property, including income |
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146 | 146 | | and expense information related to a property filed with an |
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147 | 147 | | appraisal office and information voluntarily disclosed to an |
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148 | 148 | | appraisal office or the comptroller about real or personal property |
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149 | 149 | | sales prices [after a promise it will be held confidential], are |
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150 | 150 | | confidential and not open to public inspection. The statements and |
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151 | 151 | | reports and the information they contain about specific real or |
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152 | 152 | | personal property or a specific real or personal property owner and |
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153 | 153 | | information voluntarily disclosed to an appraisal office about real |
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154 | 154 | | or personal property sales prices [after a promise it will be held |
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155 | 155 | | confidential] may not be disclosed to anyone other than an employee |
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156 | 156 | | of the appraisal office who appraises property except as authorized |
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157 | 157 | | by Subsection (b) of this section. |
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158 | 158 | | SECTION 13. Section 22.28, Tax Code, is amended by amending |
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159 | 159 | | the title and Subsections (a) and (b) to read as follows: |
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160 | 160 | | Sec. 22.28 PENALTY FOR DELINQUENT RENDITION OR REPORT; |
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161 | 161 | | PENALTY COLLECTION PROCEDURES. (a) Except as otherwise provided |
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162 | 162 | | by Section 22.30, the chief appraiser shall impose a penalty on a |
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163 | 163 | | person who fails to timely file a rendition statement or property |
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164 | 164 | | report required by this chapter in an amount equal to five [10] |
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165 | 165 | | percent of the total amount of taxes imposed on the property for |
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166 | 166 | | that year by taxing units participating in the appraisal district. |
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167 | 167 | | The chief appraiser shall deliver by first class mail a notice of |
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168 | 168 | | the imposition of the penalty to the person. The notice may be |
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169 | 169 | | delivered with, but not included in, a notice of appraised value |
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170 | 170 | | provided under Section 25.19, if practicable. |
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171 | 171 | | (b) The chief appraiser shall certify to the assessor for |
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172 | 172 | | each taxing unit participating in the appraisal district that |
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173 | 173 | | imposes taxes on the property that a penalty imposed under this |
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174 | 174 | | chapter has become final. The assessor shall add the amount of the |
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175 | 175 | | penalty to the original amount of tax imposed on the property and |
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176 | 176 | | shall include the penalty as a separate line item entitled "PENALTY |
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177 | 177 | | FOR DELINQUENT RENDITION OR REPORT"that amount in the tax bill for |
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178 | 178 | | that year. The penalty becomes part of the tax on the property and |
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179 | 179 | | is secured by the tax lien that attaches to the property under |
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180 | 180 | | Section 32.01. |
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181 | 181 | | SECTION 14. Section 22.30, Tax Code, is amended by adding |
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182 | 182 | | Subsection (a-2) to read as follows: |
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183 | 183 | | (a-2) The chief appraiser shall waive the penalty imposed by |
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184 | 184 | | Section 22.28 if the property owner has not previously filed a |
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185 | 185 | | delinquent rendition statement or property report for that parcel |
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186 | 186 | | of property. |
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187 | 187 | | SECTION 15. Section 23.01, Tax Code, is amended by amending |
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188 | 188 | | Subsection (f) and adding Subsection (d-1) to read as follows: |
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189 | 189 | | (d-1) The market value of a residential property or vacant |
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190 | 190 | | lot that is adjacent only to other residential properties, or a |
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191 | 191 | | combination of residential properties and vacant lots, shall be |
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192 | 192 | | determined solely on the basis of the property's value as a |
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193 | 193 | | residential property, regardless of whether: |
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194 | 194 | | (1) the property could legally be used for another |
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195 | 195 | | purpose; or |
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196 | 196 | | (2) the residential use of the property is considered |
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197 | 197 | | to be the highest and best use of the property. |
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198 | 198 | | (f) The selection of comparable properties and the |
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199 | 199 | | application of appropriate adjustments for the determination of an |
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200 | 200 | | appraised value of property by any person under Section 41.43(b)(3) |
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201 | 201 | | or (4) or 42.26(a)(3) or (4) must be based on the application of |
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202 | 202 | | generally accepted appraisal methods and techniques. Adjustments |
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203 | 203 | | must be based on recognized methods and techniques that are |
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204 | 204 | | necessary to produce a credible opinion. |
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205 | 205 | | SECTION 16. Section 23.51(2), Tax Code, is amended to read |
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206 | 206 | | as follows: |
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207 | 207 | | (2) "Agricultural use" includes but is not limited to |
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208 | 208 | | the following activities: cultivating the soil, producing crops for |
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209 | 209 | | human food, animal feed, or planting seed or for the production of |
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210 | 210 | | fibers; floriculture, viticulture, and horticulture; raising or |
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211 | 211 | | keeping livestock; raising or keeping exotic animals for the |
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212 | 212 | | production of human food or of fiber, leather, pelts, or other |
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213 | 213 | | tangible products having a commercial value; planting cover crops |
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214 | 214 | | or leaving land idle for the purpose of participating in a |
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215 | 215 | | governmental program, provided the land is not used for residential |
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216 | 216 | | purposes or a purpose inconsistent with agricultural use; and |
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217 | 217 | | planting cover crops or leaving land idle in conjunction with |
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218 | 218 | | normal crop or livestock rotation procedure. The term also |
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219 | 219 | | includes the use of land to produce or harvest logs and posts for |
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220 | 220 | | the use in constructing or repairing fences, pens, barns, or other |
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221 | 221 | | agricultural improvements on adjacent qualified open-space land |
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222 | 222 | | having the same owner and devoted to a different agricultural use. |
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223 | 223 | | The term also includes the use of land for wildlife management. The |
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224 | 224 | | term also includes the use of land to raise or keep bees for |
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225 | 225 | | pollination or for the production of human food or other tangible |
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226 | 226 | | products having a commercial value, provided that the land used is |
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227 | 227 | | not less than 5 or more than 20 acres. The term also includes the |
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228 | 228 | | use of land for hydroponic farming. |
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229 | 229 | | SECTION 17. Section 23.52, Tax Code, is amended by adding |
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230 | 230 | | Subsection (h) to read as follows: |
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231 | 231 | | (h) The chief appraiser may appraise a portion of a parcel |
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232 | 232 | | of land according to this chapter if the portion qualifies for |
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233 | 233 | | appraisal under this subchapter but the remainder of the parcel |
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234 | 234 | | does not. |
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235 | 235 | | SECTION 18. Subchapter D, Chapter 23, Tax Code, is amended |
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236 | 236 | | by adding Section 23.527 to read as follows: |
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237 | 237 | | Sec. 23.527. ELIGIBILITY OF LAND PREVIOUSLY DEVOTED TO |
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238 | 238 | | SOLAR OR WIND POWER FACILITY. (a) In this section: |
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239 | 239 | | (1) "Solar power facility" has the meaning assigned by |
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240 | 240 | | Section 302.0001, Utilities Code. |
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241 | 241 | | (2) "Wind power facility" has the meaning assigned by |
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242 | 242 | | Section 301.0001, Utilities Code. |
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243 | 243 | | (b) This section applies only to land: |
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244 | 244 | | (1) that was previously appraised as qualified |
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245 | 245 | | open-space land as provided by this subchapter; |
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246 | 246 | | (2) that became ineligible for appraisal as provided |
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247 | 247 | | by this subchapter due to a change of use caused by the development |
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248 | 248 | | of a solar power facility or a wind power facility on the land; |
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249 | 249 | | (3) on which the solar power facility or wind power |
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250 | 250 | | facility described by Subdivision (2) is no longer in operation; |
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251 | 251 | | and |
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252 | 252 | | (4) that is currently devoted principally to |
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253 | 253 | | agricultural use to the degree of intensity generally accepted in |
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254 | 254 | | the area. |
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255 | 255 | | (c) Notwithstanding any other provision of this subchapter, |
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256 | 256 | | land described by Subsection (b) is qualified open-space land. |
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257 | 257 | | SECTION 19. Section 25.19(f), Tax Code, is amended to read |
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258 | 258 | | as follows: |
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259 | 259 | | (f) In the notice of appraised value for real property, the |
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260 | 260 | | chief appraiser shall list separately: |
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261 | 261 | | (1) the market value of the land; [and] |
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262 | 262 | | (2) the market value of each structure and other |
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263 | 263 | | improvement identified in the notice; and |
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264 | 264 | | (3) the total market value of the structures and other |
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265 | 265 | | improvements on the property. |
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266 | 266 | | SECTION 20. Section 25.25, Tax Code, is amended by adding |
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267 | 267 | | Subsection (q) to read as follows: |
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268 | 268 | | (q) An appraisal review board shall issue a written order |
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269 | 269 | | under this section using the form prescribed by the comptroller |
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270 | 270 | | under Section 5.07(k). |
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271 | 271 | | SECTION 21. Chapter 25, Tax Code, is amended by adding |
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272 | 272 | | Section 25.255 to read as follows: |
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273 | 273 | | Sec. 25.255. EXACT CORRECTION OF ROLL. A chief appraiser |
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274 | 274 | | that corrects the appraisal roll to include the appraised value of |
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275 | 275 | | property, including as determined by an appraisal review board |
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276 | 276 | | under Chapter 25.25 or Chapter 41, or a district court under Chapter |
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277 | 277 | | 42, must correct the roll to show the exact dollar amount of the new |
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278 | 278 | | appraised value. |
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279 | 279 | | SECTION 22. Section 26.09, Tax Code, is amended by amending |
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280 | 280 | | Subsection (d) and adding Subsection (d-3) to read as follows: |
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281 | 281 | | (d) If a property is subject to taxation for a prior year in |
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282 | 282 | | which it escaped taxation, the assessor shall calculate the tax for |
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283 | 283 | | each year separately. In calculating the tax, the assessor shall |
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284 | 284 | | use the assessment ratio and tax rate in effect in the taxing unit |
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285 | 285 | | for the year for which back taxes are being imposed. Except as |
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286 | 286 | | provided by Subsections [Subsection] (d-1) and (d-3), the amount of |
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287 | 287 | | back taxes due incurs interest calculated at the rate provided by |
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288 | 288 | | Section 33.01(c) from the date the tax would have become delinquent |
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289 | 289 | | had the tax been imposed in the proper tax year. |
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290 | 290 | | (d-3) Back taxes assessed under Subsection (d) on property a |
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291 | 291 | | chief appraiser discovers was omitted from an appraisal roll under |
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292 | 292 | | Section 25.21 do not incur interest as required by Subsection (d). |
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293 | 293 | | SECTION 23. Section 26.17(b) and (e), Tax Code, are amended |
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294 | 294 | | to read as follows: |
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295 | 295 | | (b) The database must include, with respect to each property |
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296 | 296 | | listed on the appraisal roll for the appraisal district: |
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297 | 297 | | (1) the property's identification number; |
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298 | 298 | | (2) the property's market value; |
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299 | 299 | | (3) the market value of each structure and other |
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300 | 300 | | improvement located on the property that is identified in the |
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301 | 301 | | notice of appraised value under Section 25.19; |
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302 | 302 | | (4) the property's taxable value; |
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303 | 303 | | (5) [(4)] the name of each taxing unit in which the |
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304 | 304 | | property is located; |
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305 | 305 | | (6) [(5)] for each school district in which the |
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306 | 306 | | property is located: |
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307 | 307 | | (A) the no-new-revenue tax rate; and |
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308 | 308 | | (B) the voter-approval tax rate; |
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309 | 309 | | (7) [(6)] for each school district in which the |
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310 | 310 | | property is located: |
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311 | 311 | | (A) the tax rate that would maintain the same |
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312 | 312 | | amount of state and local revenue per student that the district |
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313 | 313 | | received in the school year beginning in the preceding tax year; and |
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314 | 314 | | (B) the voter-approval tax rate; |
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315 | 315 | | (8) [(7)] the tax rate proposed by the governing body |
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316 | 316 | | of each taxing unit in which the property is located; |
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317 | 317 | | (9) [(8)] for each taxing unit other than a school |
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318 | 318 | | district in which the property is located, the taxes that would be |
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319 | 319 | | imposed on the property if the taxing unit adopted a tax rate equal |
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320 | 320 | | to: |
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321 | 321 | | (A) the no-new revenue tax rate; and |
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322 | 322 | | (B) the proposed tax rate; |
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323 | 323 | | (10) [(9)] for each school district in which the |
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324 | 324 | | property is located, the taxes that would be imposed on the property |
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325 | 325 | | if the district adopted a tax rate equal to: |
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326 | 326 | | (A) the tax rate that would maintain the same |
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327 | 327 | | amount of state and local revenue per student that the district |
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328 | 328 | | received in the school year beginning in the preceding tax year; and |
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329 | 329 | | (B) the proposed tax rate; |
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330 | 330 | | (11) [(10)] for each taxing unit other than a school |
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331 | 331 | | district in which the property is located, the difference between |
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332 | 332 | | the amount calculated under Subdivision (9)(A) [(8)(A)] and the |
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333 | 333 | | amount calculated under Subdivision (9)(B) [(8)(B)]; |
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334 | 334 | | (12) [(11)] for each school district in which the |
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335 | 335 | | property is located, the difference between the amount calculated |
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336 | 336 | | under Subdivision (10)(A) [(9)(A)] and the amount calculated under |
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337 | 337 | | Subdivision (10)(B) [(9)(B)]; |
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338 | 338 | | (13) [(12)] the date, time, and location of the public |
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339 | 339 | | hearing, if applicable, on the proposed tax rate to be held by the |
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340 | 340 | | governing body of each taxing unit in which the property is located; |
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341 | 341 | | (14) [(13)] the date, time, and location of the public |
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342 | 342 | | meeting, if applicable, at which the tax rate will be adopted to be |
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343 | 343 | | held by the governing body of each taxing unit in which the property |
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344 | 344 | | is located; and |
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345 | 345 | | (15) [(14)] for each taxing unit in which the property |
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346 | 346 | | is located, an e-mail address at which the taxing unit is capable of |
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347 | 347 | | receiving written comments regarding the proposed tax rate of the |
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348 | 348 | | taxing unit. |
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349 | 349 | | (e) The officer or employee designated by the governing body |
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350 | 350 | | of each taxing unit in which the property is located to calculate |
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351 | 351 | | the no-new-revenue tax rate and the voter-approval tax rate for the |
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352 | 352 | | taxing unit must electronically incorporate into the database: |
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353 | 353 | | (1) the information described by Subsections (b)(6) |
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354 | 354 | | [(b)(5), (6)], (7), (8), [(12), and] (13), and (14), as applicable, |
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355 | 355 | | as the information becomes available; and |
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356 | 356 | | (2) the tax rate calculation forms prepared under |
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357 | 357 | | Section 26.04(d-1) at the same time the designated officer or |
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358 | 358 | | employee submits the tax rates to the governing body of the taxing |
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359 | 359 | | unit under Section 26.04(e). |
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360 | 360 | | SECTION 24. Section 31.01(c), Tax Code, is amended to read |
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361 | 361 | | as follows: |
---|
362 | 362 | | (c) The tax bill or a separate statement accompanying the |
---|
363 | 363 | | tax bill shall: |
---|
364 | 364 | | (1) identify the property subject to the tax; |
---|
365 | 365 | | (2) state the appraised value, assessed value, and |
---|
366 | 366 | | taxable value of the property, which must be exact and not rounded |
---|
367 | 367 | | numbers; |
---|
368 | 368 | | (3) if the property is land appraised as provided by |
---|
369 | 369 | | Subchapter C, D, E, or H, Chapter 23, state the market value and the |
---|
370 | 370 | | taxable value for purposes of deferred or additional taxation as |
---|
371 | 371 | | provided by Section 23.46, 23.55, 23.76, or 23.9807, as applicable; |
---|
372 | 372 | | (4) state the assessment ratio for the unit; |
---|
373 | 373 | | (5) state the type and amount of any partial exemption |
---|
374 | 374 | | applicable to the property, indicating whether it applies to |
---|
375 | 375 | | appraised or assessed value; |
---|
376 | 376 | | (6) state the total tax rate for the unit; |
---|
377 | 377 | | (7) state the amount of tax due, the due date, and the |
---|
378 | 378 | | delinquency date; |
---|
379 | 379 | | (8) explain the payment option and discounts provided |
---|
380 | 380 | | by Sections 31.03 and 31.05, if available to the unit's taxpayers, |
---|
381 | 381 | | and state the date on which each of the discount periods provided by |
---|
382 | 382 | | Section 31.05 concludes, if the discounts are available; |
---|
383 | 383 | | (9) state the rates of penalty and interest imposed |
---|
384 | 384 | | for delinquent payment of the tax; |
---|
385 | 385 | | (10) include the name and telephone number of the |
---|
386 | 386 | | assessor for the unit and, if different, of the collector for the |
---|
387 | 387 | | unit; |
---|
388 | 388 | | (11) for real property, state for the current tax year |
---|
389 | 389 | | and each of the preceding five tax years: |
---|
390 | 390 | | (A) the appraised value and taxable value of the |
---|
391 | 391 | | property; |
---|
392 | 392 | | (B) the total tax rate for the unit; |
---|
393 | 393 | | (C) the amount of taxes imposed on the property |
---|
394 | 394 | | by the unit; and |
---|
395 | 395 | | (D) the difference, expressed as a percent |
---|
396 | 396 | | increase or decrease, as applicable, in the amount of taxes imposed |
---|
397 | 397 | | on the property by the unit compared to the amount imposed for the |
---|
398 | 398 | | preceding tax year; [and] |
---|
399 | 399 | | (12) for real property, state the differences, |
---|
400 | 400 | | expressed as a percent increase or decrease, as applicable, in the |
---|
401 | 401 | | following for the current tax year as compared to the fifth tax year |
---|
402 | 402 | | before that tax year: |
---|
403 | 403 | | (A) the appraised value and taxable value of the |
---|
404 | 404 | | property; |
---|
405 | 405 | | (B) the total tax rate for the unit; and |
---|
406 | 406 | | (C) the amount of taxes imposed on the property |
---|
407 | 407 | | by the unit; and |
---|
408 | 408 | | (13) include the appraisal district account number for |
---|
409 | 409 | | the property. |
---|
410 | 410 | | SECTION 25. Section 33.41, Tax Code, is amended by amending |
---|
411 | 411 | | Subsection (a) and adding Subsection (a-1) to read as follows: |
---|
412 | 412 | | Sec. 33.41. SUIT TO COLLECT DELINQUENT TAX. (a) Except as |
---|
413 | 413 | | provided by Subsection (a-1), at [At] any time after its tax on |
---|
414 | 414 | | property becomes delinquent, a taxing unit may file suit to |
---|
415 | 415 | | foreclose the lien securing payment of the tax, to enforce personal |
---|
416 | 416 | | liability for the tax, or both. The suit must be in a court of |
---|
417 | 417 | | competent jurisdiction for the county in which the tax was imposed. |
---|
418 | 418 | | (a-1) A taxing unit may not file suit under Subsection (a) |
---|
419 | 419 | | to collect a delinquent tax owed on a property that is the subject |
---|
420 | 420 | | of a pending motion filed under Section 25.25(c). |
---|
421 | 421 | | SECTION 26. Section 41.07(a), Tax Code, is amended to read |
---|
422 | 422 | | as follows: |
---|
423 | 423 | | (a) The appraisal review board shall determine each |
---|
424 | 424 | | challenge and make its decision by written order using the form |
---|
425 | 425 | | prescribed by the comptroller under Section 5.07(k). The appraisal |
---|
426 | 426 | | review board shall issue a written order to the property owner |
---|
427 | 427 | | immediately upon its determination of the property owner's |
---|
428 | 428 | | challenge. |
---|
429 | 429 | | SECTION 27. Section 41.43(b), Tax Code, is amended to read |
---|
430 | 430 | | as follows: |
---|
431 | 431 | | (b) A protest on the ground of unequal appraisal of property |
---|
432 | 432 | | shall be determined in favor of the protesting party unless the |
---|
433 | 433 | | appraisal district establishes that: |
---|
434 | 434 | | (1) the appraisal ratio of the property is equal to or |
---|
435 | 435 | | less than the median level of appraisal of a reasonable and |
---|
436 | 436 | | representative sample of other properties in the appraisal |
---|
437 | 437 | | district; |
---|
438 | 438 | | (2) the appraisal ratio of the property is equal to or |
---|
439 | 439 | | less than the median level of appraisal of a sample of properties in |
---|
440 | 440 | | the appraisal district consisting of a reasonable number of other |
---|
441 | 441 | | properties similarly situated to, or of the same general kind or |
---|
442 | 442 | | character as, the property subject to the protest; [or] |
---|
443 | 443 | | (3) the appraised value of the property is equal to or |
---|
444 | 444 | | less than the median appraised value of a reasonable number of |
---|
445 | 445 | | comparable properties, appropriately adjusted; or |
---|
446 | 446 | | (4) the appraised value of the property is equal to or |
---|
447 | 447 | | less than 110 percent of the appraised value of the comparable |
---|
448 | 448 | | property, appropriately adjusted, with the lowest appraised value. |
---|
449 | 449 | | SECTION 28. Section 41.45(b), Tax Code, is amended to read |
---|
450 | 450 | | as follows: |
---|
451 | 451 | | (b) A property owner initiating a protest is entitled to |
---|
452 | 452 | | appear in-person to offer evidence or argument, and may not be |
---|
453 | 453 | | denied a hearing at which the property owner and chief appraiser are |
---|
454 | 454 | | both present in-person. A property owner may offer evidence or |
---|
455 | 455 | | argument by affidavit without personally appearing and may appear |
---|
456 | 456 | | by telephone conference call or videoconference to offer argument. |
---|
457 | 457 | | A property owner who appears by telephone conference call or |
---|
458 | 458 | | videoconference must offer any evidence by affidavit. A property |
---|
459 | 459 | | owner must submit an affidavit described by this subsection to the |
---|
460 | 460 | | board hearing the protest before the board begins the hearing on the |
---|
461 | 461 | | protest. On receipt of an affidavit, the board shall notify the |
---|
462 | 462 | | chief appraiser. The chief appraiser may inspect the affidavit and |
---|
463 | 463 | | is entitled to a copy on request. |
---|
464 | 464 | | SECTION 29. Section 41.47(a), Tax Code, is amended to read |
---|
465 | 465 | | as follows: |
---|
466 | 466 | | (a) The appraisal review board hearing a protest shall |
---|
467 | 467 | | determine the protest and make its decision by written order using |
---|
468 | 468 | | the form prescribed by the comptroller under Section 5.07(k). |
---|
469 | 469 | | SECTION 30. Section 41.66(i), Tax Code, is amended to read |
---|
470 | 470 | | as follows: |
---|
471 | 471 | | (i) A hearing on a protest filed by a property owner or the |
---|
472 | 472 | | designated agent of the owner shall be set for a time and date |
---|
473 | 473 | | certain. If the hearing is not commenced within two hours of the |
---|
474 | 474 | | time set for the hearing, the appraisal review board shall postpone |
---|
475 | 475 | | the hearing on the request of the property owner or the designated |
---|
476 | 476 | | agent of the owner. If the property owner or the designated agent |
---|
477 | 477 | | of the owner does not request that the hearing be postponed, the |
---|
478 | 478 | | appraisal review board shall hold the hearing at the earliest |
---|
479 | 479 | | possible time but not later than 24 hours after the time for which |
---|
480 | 480 | | the hearing was originally set. |
---|
481 | 481 | | SECTION 31. Section 41.67, Tax Code, is amended by adding |
---|
482 | 482 | | Subsection (f) to read as follows: |
---|
483 | 483 | | (f) A property owner may submit evidence electronically at |
---|
484 | 484 | | any point before or during a hearing. |
---|
485 | 485 | | SECTION 32. Section 41A.09, Tax Code, is amended by adding |
---|
486 | 486 | | Subsection (f) to read as follows: |
---|
487 | 487 | | (f) The arbitrator may not determine the appraised value of |
---|
488 | 488 | | the property that is the subject of an arbitration to be an amount |
---|
489 | 489 | | greater than the appraised value of the property as shown in the |
---|
490 | 490 | | appraisal records submitted to the appraisal review board by the |
---|
491 | 491 | | chief appraiser under Section 25.22 or 25.23, except as requested |
---|
492 | 492 | | and agreed to by the property owner. |
---|
493 | 493 | | SECTION 33. Section 42.01, Tax Code, is amended by adding |
---|
494 | 494 | | Subsection (d) to read as follows: |
---|
495 | 495 | | (d) Notwithstanding Subsection (a), a person who owned |
---|
496 | 496 | | property at any time during a tax year but no longer owns the |
---|
497 | 497 | | property is entitled to file an appeal under this chapter as if the |
---|
498 | 498 | | person were the current owner of the property, regardless of |
---|
499 | 499 | | whether the person is the person subject to an order described by |
---|
500 | 500 | | that subsection. |
---|
501 | 501 | | SECTION 34. Section 42.21, Tax Code, is amended by amending |
---|
502 | 502 | | Subsections (a), (b), and (c) and adding Subsections (a-1) and |
---|
503 | 503 | | (a-2) to read as follows: |
---|
504 | 504 | | (a) A party who appeals as provided by this chapter must |
---|
505 | 505 | | file a petition for review with the district court not later than |
---|
506 | 506 | | the later of: |
---|
507 | 507 | | (1) the 60th day [within 60 days] after the date the |
---|
508 | 508 | | party receives [received] notice that a final order has been |
---|
509 | 509 | | entered from which the [an] appeal may be had; or |
---|
510 | 510 | | (2) September 1 of the year in which the final order is |
---|
511 | 511 | | entered [at any time after the hearing but before the 60-day |
---|
512 | 512 | | deadline]. |
---|
513 | 513 | | (a-1) Subject to Subsection (a), a party may file a petition |
---|
514 | 514 | | for review under this section at any time after: |
---|
515 | 515 | | (1) the protest hearing, regardless of whether the |
---|
516 | 516 | | party has received notice that a final order has been entered; |
---|
517 | 517 | | (2) notifying the appraisal review board that the |
---|
518 | 518 | | chief appraiser and the party have agreed to a disposition of the |
---|
519 | 519 | | protest and requesting the board to issue an agreed order under |
---|
520 | 520 | | Section 41.47(g) or (g-1); or |
---|
521 | 521 | | (3) submitting an affidavit to the board hearing the |
---|
522 | 522 | | protest under Section 41.45(b). |
---|
523 | 523 | | (a-2) Failure to timely file a petition bars any appeal |
---|
524 | 524 | | under this chapter. |
---|
525 | 525 | | (b) [A petition for review brought under Section 42.02 must |
---|
526 | 526 | | be brought against the owner of the property involved in the |
---|
527 | 527 | | appeal.] A petition for review brought under Section 42.031 must be |
---|
528 | 528 | | brought against the appraisal district and against the owner of the |
---|
529 | 529 | | property involved in the appeal. A petition for review brought |
---|
530 | 530 | | under Section 42.01(a)(2) or 42.03 must be brought against the |
---|
531 | 531 | | comptroller. Any other petition for review under this chapter must |
---|
532 | 532 | | be brought against the appraisal district. A petition for review |
---|
533 | 533 | | may not be brought against the appraisal review board. An appraisal |
---|
534 | 534 | | district may hire an attorney that represents the district to |
---|
535 | 535 | | represent the appraisal review board established for the district |
---|
536 | 536 | | to file an answer and obtain a dismissal of a suit filed against the |
---|
537 | 537 | | appraisal review board in violation of this subsection. |
---|
538 | 538 | | (c) If an appeal under this chapter is pending when the |
---|
539 | 539 | | appraisal review board issues an order in a subsequent year under a |
---|
540 | 540 | | protest by the same property owner and that protest relates to the |
---|
541 | 541 | | same property that is involved in the pending appeal, the property |
---|
542 | 542 | | owner may appeal the subsequent appraisal review board order by |
---|
543 | 543 | | amending the original petition for the pending appeal to include |
---|
544 | 544 | | the grounds for appealing the subsequent order. The amended |
---|
545 | 545 | | petition must be filed with the court not later than the 90th day |
---|
546 | 546 | | after the date the property owner receives notice that a final order |
---|
547 | 547 | | has been entered from which an appeal may be had [in the period |
---|
548 | 548 | | provided by Subsection (a) for filing a petition for review of the |
---|
549 | 549 | | subsequent order]. A property owner may appeal the subsequent |
---|
550 | 550 | | appraisal review board order under this subsection or may appeal |
---|
551 | 551 | | the order independently of the pending appeal as otherwise provided |
---|
552 | 552 | | by this section, but may not do both. A property owner may change |
---|
553 | 553 | | the election of remedies provided by this subsection at any time |
---|
554 | 554 | | before the end of the period provided by Subsection (a) for filing a |
---|
555 | 555 | | petition for review. |
---|
556 | 556 | | SECTION 35. Section 42.225, Tax Code, is amended by |
---|
557 | 557 | | amending the title and adding subsection (g) to read as follows: |
---|
558 | 558 | | Sec. 42.225 PROPERTY OWNER'S RIGHT TO APPEAL THROUGH |
---|
559 | 559 | | ARBITRATION AND SOAH. |
---|
560 | 560 | | (g) If within one year of the filing of an appeal in district |
---|
561 | 561 | | court, the court dismisses the appeal on a basis other than a plea |
---|
562 | 562 | | to the jurisdiction or the court sets the case for trial and will |
---|
563 | 563 | | not grant a continuance for a period of at least four months, the |
---|
564 | 564 | | property owner may file an appeal at the State Office of |
---|
565 | 565 | | Administrative Hearings (SOAH) or file for Binding Arbitration |
---|
566 | 566 | | without regard to the jurisdiction limits. |
---|
567 | 567 | | SECTION 36. Section 42.226, Tax Code, is amended to read as |
---|
568 | 568 | | follows: |
---|
569 | 569 | | Sec. 42.226. MEDIATION. (a) On motion by a party to an |
---|
570 | 570 | | appeal under this chapter, the court shall enter an order requiring |
---|
571 | 571 | | the parties to attend mediation. The court may enter an order |
---|
572 | 572 | | requiring the parties to attend mediation on its own motion. |
---|
573 | 573 | | (b) The court may not order mediation to be completed more |
---|
574 | 574 | | than 45 days before the first day of trial. |
---|
575 | 575 | | (c) The court may not order the parties to attend more than |
---|
576 | 576 | | one mediation. |
---|
577 | 577 | | SECTION 37. Section 42.23, Tax Code, is amended by amending |
---|
578 | 578 | | Subsection (e) and adding Subsections (a-1), (a-2), (i), (j), (k), |
---|
579 | 579 | | (l), (m), and (n), to read as follows: |
---|
580 | 580 | | (a-1) A chief appraiser, appraisal district, or appraisal |
---|
581 | 581 | | review board may not bring a counterclaim in an appeal brought |
---|
582 | 582 | | under this chapter. |
---|
583 | 583 | | (a-2) An appraisal district may not seek affirmative relief |
---|
584 | 584 | | in an appeal brought under this chapter. |
---|
585 | 585 | | (e) For purposes of Subsection (d), a property owner may |
---|
586 | 586 | | designate a cause of action under Section 42.25 or 42.26 as the |
---|
587 | 587 | | basis for an appeal, but may not designate a cause of action under |
---|
588 | 588 | | both sections as the basis for the appeal. Discovery regarding a |
---|
589 | 589 | | cause of action that is not specifically designated by the property |
---|
590 | 590 | | owner under Subsection (d) shall be conducted as provided by the |
---|
591 | 591 | | Texas Rules of Civil Procedure. [A court may not enter an order, |
---|
592 | 592 | | including a protective order under Rule 192.6 of the Texas Rules of |
---|
593 | 593 | | Civil Procedure, that conflicts with Subsection (d).] |
---|
594 | 594 | | (i) An entity is not required to be registered to do |
---|
595 | 595 | | business in this state in order to file an appeal under this |
---|
596 | 596 | | chapter or to be considered a proper party to bring a petition. A |
---|
597 | 597 | | formal or informal request for information regarding an entity's |
---|
598 | 598 | | registration status: |
---|
599 | 599 | | (1) is outside the scope of permissible discovery in |
---|
600 | 600 | | an appeal under this chapter; |
---|
601 | 601 | | (2) may not be made a prerequisite to a settlement |
---|
602 | 602 | | discussion related to that appeal; and |
---|
603 | 603 | | (3) may be grounds for sanctions by the court on the |
---|
604 | 604 | | motion of a party. |
---|
605 | 605 | | (j) A court may not enter an order, including a protective |
---|
606 | 606 | | order under Rule 192.6 of the Texas Rules of Civil Procedure, that |
---|
607 | 607 | | conflicts with this section. |
---|
608 | 608 | | (k) The district court may not order discovery unless |
---|
609 | 609 | | discovery is requested by a party to the appeal and the court |
---|
610 | 610 | | determines there is good cause for discovery. |
---|
611 | 611 | | (l) Except as provided by Section 42.227 or by agreement of |
---|
612 | 612 | | the parties, the following deadlines apply to an appeal under this |
---|
613 | 613 | | chapter: |
---|
614 | 614 | | (1) the discovery period ends on the 30th day before |
---|
615 | 615 | | the date of trial; |
---|
616 | 616 | | (2) a party seeking affirmative relief must designate |
---|
617 | 617 | | testifying expert witnesses, other than rebuttal testifying expert |
---|
618 | 618 | | witnesses, and provide the information listed in Rule 195.5 of the |
---|
619 | 619 | | Texas Rules of Civil Procedure not later than the 90th day before |
---|
620 | 620 | | the date of trial; and |
---|
621 | 621 | | (3) any other party must designate testifying expert |
---|
622 | 622 | | witnesses, other than rebuttal testifying expert witnesses, and |
---|
623 | 623 | | provide the information listed in Rule 195.5 of the Texas Rules of |
---|
624 | 624 | | Civil Procedure not later than the 60th day before the date of |
---|
625 | 625 | | trial. |
---|
626 | 626 | | (m) A party to an appeal under this chapter may file an |
---|
627 | 627 | | objection to third-party discovery. The court shall grant |
---|
628 | 628 | | third-party discovery subject to the objection only if the |
---|
629 | 629 | | discovery: |
---|
630 | 630 | | (1) is necessary under generally accepted appraisal |
---|
631 | 631 | | methods and techniques to determine the value of the property that |
---|
632 | 632 | | is the subject of the appeal; and |
---|
633 | 633 | | (2) would be admissible at trial. |
---|
634 | 634 | | (n) A party to an appeal under Section 42.26 may file an |
---|
635 | 635 | | objection to a discovery request for a closing statement, a rent |
---|
636 | 636 | | roll, or an operating statement. The court shall grant the |
---|
637 | 637 | | discovery request subject to the objection only if the discovery: |
---|
638 | 638 | | (1) is necessary under generally accepted appraisal |
---|
639 | 639 | | methods and techniques to determine the value of the property that |
---|
640 | 640 | | is the subject of the appeal; and |
---|
641 | 641 | | (2) would be admissible at trial. |
---|
642 | 642 | | SECTION 38. Subchapter B, Chapter 42, Tax Code, is amended |
---|
643 | 643 | | by adding Sections 42.232 and 42.233 to read as follows: |
---|
644 | 644 | | Sec. 42.232. TRIAL DATE. (a) A district court may not set a |
---|
645 | 645 | | trial date on an appeal that is less than 12 months after the date |
---|
646 | 646 | | the appeal is filed, unless the parties agree to an earlier trial |
---|
647 | 647 | | date. |
---|
648 | 648 | | (b) On request of a party to an appeal, the district court |
---|
649 | 649 | | shall: |
---|
650 | 650 | | (1) grant a continuance if the party requesting the |
---|
651 | 651 | | continuance has not previously been granted a continuance; |
---|
652 | 652 | | (2) set a new trial date that is not less than six |
---|
653 | 653 | | months after the date for which the trial was set at the time the |
---|
654 | 654 | | request was made; and |
---|
655 | 655 | | (3) extend all litigation, expert witness |
---|
656 | 656 | | designation, and discovery deadlines consistent with section |
---|
657 | 657 | | 42.23(l) or as agreed by the parties. |
---|
658 | 658 | | (c) The district court may grant additional trial |
---|
659 | 659 | | continuances at the court's discretion. |
---|
660 | 660 | | Sec. 42.233. TRANSFER OF APPEAL TO STATE OFFICE OF |
---|
661 | 661 | | ADMINISTRATIVE HEARINGS. On request of a property owner who is a |
---|
662 | 662 | | party to an appeal under this chapter and who was eligible to file |
---|
663 | 663 | | the appeal under Subchapter Z, Chapter 2003, Government Code, the |
---|
664 | 664 | | district court shall transfer the appeal to the State Office of |
---|
665 | 665 | | Administrative Hearings to determine the appeal under that |
---|
666 | 666 | | subchapter. The property owner must make the request not later than |
---|
667 | 667 | | the 30th day before the date on which the trial is originally set to |
---|
668 | 668 | | begin. |
---|
669 | 669 | | SECTION 39. Section 42.26, Tax Code, is amended by amending |
---|
670 | 670 | | Subsection (a) and adding Subsections (e) and (f) to read as |
---|
671 | 671 | | follows: |
---|
672 | 672 | | (a) The district court shall grant relief on the ground that |
---|
673 | 673 | | a property is appraised unequally if: |
---|
674 | 674 | | (1) the appraisal ratio of the property exceeds by at |
---|
675 | 675 | | least 10 percent the median level of appraisal of a reasonable and |
---|
676 | 676 | | representative sample of other properties in the appraisal |
---|
677 | 677 | | district; |
---|
678 | 678 | | (2) the appraisal ratio of the property exceeds by at |
---|
679 | 679 | | least 10 percent the median level of appraisal of a sample of |
---|
680 | 680 | | properties in the appraisal district consisting of a reasonable |
---|
681 | 681 | | number of other properties similarly situated to, or of the same |
---|
682 | 682 | | general kind or character as, the property subject to the appeal; |
---|
683 | 683 | | [or] |
---|
684 | 684 | | (3) the appraised value of the property exceeds the |
---|
685 | 685 | | median appraised value of a reasonable number of comparable |
---|
686 | 686 | | properties, appropriately adjusted; or |
---|
687 | 687 | | (4) the appraised value of the property exceeds by at |
---|
688 | 688 | | least 10 percent the appraised value of the comparable property, |
---|
689 | 689 | | appropriately adjusted, with the lowest appraised value. |
---|
690 | 690 | | (e) A district court may not determine the appraised value |
---|
691 | 691 | | of the property that is subject to an appeal under this section to |
---|
692 | 692 | | be an amount greater than the appraised value of the property as |
---|
693 | 693 | | shown in the appraisal records submitted to the board by the chief |
---|
694 | 694 | | appraiser under Section 25.22 or 25.23. |
---|
695 | 695 | | (f) If a claim that a property is appraised unequally is the |
---|
696 | 696 | | sole cause of action in an appeal, the appraisal district may not |
---|
697 | 697 | | request through discovery financial information related to the |
---|
698 | 698 | | property, including a rent roll or appraisal. |
---|
699 | 699 | | SECTION 40. Section 42.41(b), Tax Code, is amended to read |
---|
700 | 700 | | as follows: |
---|
701 | 701 | | (b) The assessor for each affected taxing unit shall correct |
---|
702 | 702 | | the tax roll and other appropriate records for which the assessor is |
---|
703 | 703 | | responsible. The assessor must correct the tax roll to indicate the |
---|
704 | 704 | | exact dollar amount of the corrected value. |
---|
705 | 705 | | SECTION 41. Sections 42.43(b-1), (f), and (g), Tax Code, |
---|
706 | 706 | | are amended to read as follows: |
---|
707 | 707 | | (b-1) A taxing unit may not send a refund made under this |
---|
708 | 708 | | section before the earlier of: |
---|
709 | 709 | | (1) the 60th [21st] day after the final determination |
---|
710 | 710 | | of the appeal; or |
---|
711 | 711 | | (2) the date the property owner files the form |
---|
712 | 712 | | prescribed by Subsection (i) with the taxing unit. |
---|
713 | 713 | | (f) The final judgment in an appeal under this chapter shall |
---|
714 | 714 | | [may] designate to whom and where a refund is to be sent if the |
---|
715 | 715 | | property owner or the property owner's agent designated under |
---|
716 | 716 | | Section 1.111 files the form required under Subsection (i). |
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717 | 717 | | (g) If a form prescribed by the comptroller under Subsection |
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718 | 718 | | (i) is filed with a taxing unit before the 60th [21st] day after the |
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719 | 719 | | final determination of an appeal that requires a refund be made, the |
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720 | 720 | | taxing unit shall send the refund to the person and address |
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721 | 721 | | designated on the form. |
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722 | 722 | | SECTION 42. Section 42.02, Tax Code, is repealed. |
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723 | 723 | | SECTION 43. As soon as practicable after the effective date |
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724 | 724 | | of this Act, the Texas Commission of Licensing and Regulation shall |
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725 | 725 | | adopt rules necessary to implement Section 1151.152, Occupations |
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726 | 726 | | Code, as amended by this Act. |
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727 | 727 | | SECTION 44. Section 1151.152, Occupations Code, as amended |
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728 | 728 | | by this Act, applies only to a person who submits an application to |
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729 | 729 | | register under Chapter 1151, Occupations Code, on or after the |
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730 | 730 | | effective date of this Act. A person who submits an application to |
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731 | 731 | | register under Chapter 1151, Occupations Code, before the effective |
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732 | 732 | | date of this Act is governed by the law in effect on the date the |
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733 | 733 | | application was submitted, and the former law is continued in |
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734 | 734 | | effect for that purpose. |
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735 | 735 | | SECTION 45. As soon as practicable but not later than the |
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736 | 736 | | effective date of this Act, the comptroller of public accounts |
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737 | 737 | | shall prescribe and post on the comptroller's Internet website the |
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738 | 738 | | form required by Section 5.07(k), Tax Code, as added by this Act. |
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739 | 739 | | SECTION 46. Sections 5.07, 25.25, 41.07, and 41.47, Tax |
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740 | 740 | | Code, as amended by this Act, apply only to an appraisal review |
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741 | 741 | | board order issued on or after the effective date of this Act. An |
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742 | 742 | | appraisal review board order issued before the effective date of |
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743 | 743 | | this Act is governed by the law in effect on the date the order was |
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744 | 744 | | issued, and the former law is continued in effect for that purpose. |
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745 | 745 | | SECTION 47. Sections 11.161 and 11.24, Tax Code, as amended |
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746 | 746 | | by this Act, apply only to ad valorem taxes imposed for an ad |
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747 | 747 | | valorem tax year that begins on or after the effective date of this |
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748 | 748 | | Act. |
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749 | 749 | | SECTION 48. Section 11.43(i), Tax Code, as amended by this |
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750 | 750 | | Act, applies only to an erroneously allowed exemption discovered on |
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751 | 751 | | or after the effective date of this Act. An erroneously allowed |
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752 | 752 | | exemption discovered before the effective date of this Act is |
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753 | 753 | | governed by the law in effect on the date the exemption was |
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754 | 754 | | discovered, and the former law is continued in effect for that |
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755 | 755 | | purpose. |
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756 | 756 | | SECTION 49. Section 11.4391, Tax Code, as amended by this |
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757 | 757 | | Act, are procedural and apply to an application for an exemption for |
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758 | 758 | | freeport goods under Section 11.251, Tax Code, filed during the |
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759 | 759 | | 2025 tax year and to the preceding two tax years and to an |
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760 | 760 | | application for exemption filed on or after the effective date of |
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761 | 761 | | this Act. |
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762 | 762 | | SECTION 50. Section 11.4392, Tax Code, as added by this Act, |
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763 | 763 | | applies only to an application for an ad valorem tax exemption |
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764 | 764 | | submitted to a chief appraiser on or after the effective date of |
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765 | 765 | | this Act. |
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766 | 766 | | SECTION 51. Section 21.20, Tax Code, as amended by this Act, |
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767 | 767 | | are procedural in nature and apply to an application for an |
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768 | 768 | | allocation under Section 21.09, Tax Code, filed during the 2025 tax |
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769 | 769 | | year and to the preceding two tax years and to an application for |
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770 | 770 | | allocation filed on or after the effective date of this Act. |
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771 | 771 | | SECTION 52. Sections 22.28(a) and 22.30, Tax Code, as |
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772 | 772 | | amended by this Act, apply only to a rendition statement or property |
---|
773 | 773 | | report required to be filed on or after the effective date of this |
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774 | 774 | | Act. A rendition statement or property report required to be filed |
---|
775 | 775 | | before the effective date of this Act is governed by the law in |
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776 | 776 | | effect on the date the statement or report was required to be filed, |
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777 | 777 | | and the former law is continued in effect for that purpose. |
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778 | 778 | | SECTION 53. Section 23.01(d), Tax Code, as amended by this |
---|
779 | 779 | | Act, applies only for a tax year that begins on or after the |
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780 | 780 | | effective date of this Act. |
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781 | 781 | | SECTION 54. Section 25.19(f), Tax Code, as amended by this |
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782 | 782 | | Act, applies only to a notice of appraised value for an ad valorem |
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783 | 783 | | tax year that begins on or after the effective date of this Act. |
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784 | 784 | | SECTION 55. Section 23.52, Tax Code, as amended by this Act |
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785 | 785 | | and Section 23.527, Tax Code, as added by this Act, apply only to |
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786 | 786 | | the appraisal of land for ad valorem tax purposes for a tax year |
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787 | 787 | | that begins on or after the effective date of this Act. |
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788 | 788 | | SECTION 56. Section 26.09, Tax Code, as amended by this Act, |
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789 | 789 | | applies only to taxes assessed on property as provided by |
---|
790 | 790 | | Subsection (d) of that section on or after the effective date of |
---|
791 | 791 | | this Act. Taxes assessed on property before the effective date of |
---|
792 | 792 | | this Act are governed by the law in effect on the date the taxes were |
---|
793 | 793 | | assessed, and the former law is continued in effect for that |
---|
794 | 794 | | purpose. |
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795 | 795 | | SECTION 57. Section 41.43(b), Tax Code, as amended by this |
---|
796 | 796 | | Act, applies only to a protest under Chapter 41, Tax Code, for which |
---|
797 | 797 | | a notice of protest is filed on or after the effective date of this |
---|
798 | 798 | | Act. |
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799 | 799 | | SECTION 58. Section 41A.09(f), Tax Code, as added by this |
---|
800 | 800 | | Act, applies only to a determination of appraised value made by an |
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801 | 801 | | arbitrator under Chapter 41A, Tax Code, on or after the effective |
---|
802 | 802 | | date of this Act. |
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803 | 803 | | SECTION 59. Section 42.26(a), Tax Code, as amended by this |
---|
804 | 804 | | Act, applies only to an appeal under Chapter 42, Tax Code, for which |
---|
805 | 805 | | a petition for review is filed on or after the effective date of |
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806 | 806 | | this Act. |
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807 | 807 | | SECTION 60. Chapter 42, Tax Code, as amended by this Act, |
---|
808 | 808 | | applies only to an appeal under that chapter that is filed on or |
---|
809 | 809 | | after the effective date of this Act. An appeal filed before the |
---|
810 | 810 | | effective date of this Act is governed by the law in effect on the |
---|
811 | 811 | | date the appeal was filed, and the former law is continued in effect |
---|
812 | 812 | | for that purpose. |
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813 | 813 | | SECTION 61. This Act takes effect January 1, 2026 |
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