1 | 1 | | 89R11915 CJC-F |
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2 | 2 | | By: Ashby H.B. No. 3370 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to late applications for the appraisal of land for ad |
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10 | 10 | | valorem tax purposes as qualified timber land following the death |
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11 | 11 | | of the owner of the land. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 23.751, Tax Code, is amended by adding |
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14 | 14 | | Subsection (a-1) and amending Subsection (b) to read as follows: |
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15 | 15 | | (a-1) Notwithstanding Subsection (a), the chief appraiser |
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16 | 16 | | shall accept and approve or deny an application for appraisal under |
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17 | 17 | | this subchapter after the deadline for filing the application has |
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18 | 18 | | passed if: |
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19 | 19 | | (1) the land that is the subject of the application was |
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20 | 20 | | appraised under this subchapter in the preceding tax year; |
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21 | 21 | | (2) the ownership of the land changed as a result of |
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22 | 22 | | the death of an owner of the land during the preceding tax year; and |
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23 | 23 | | (3) the application is filed not later than the |
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24 | 24 | | delinquency date for the taxes on the land for the year for which |
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25 | 25 | | the application is filed by: |
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26 | 26 | | (A) the surviving spouse or a surviving child of |
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27 | 27 | | the decedent; |
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28 | 28 | | (B) the executor or administrator of the estate |
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29 | 29 | | of the decedent; or |
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30 | 30 | | (C) a fiduciary acting on behalf of the surviving |
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31 | 31 | | spouse or a surviving child of the decedent. |
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32 | 32 | | (b) If appraisal under this subchapter is approved when the |
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33 | 33 | | application is filed late, the owner is liable for a penalty of 10 |
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34 | 34 | | percent of the difference between the amount of tax imposed on the |
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35 | 35 | | property and the amount that would be imposed if the property were |
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36 | 36 | | taxed at market value. The penalty prescribed by this subsection |
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37 | 37 | | does not apply to a late application filed under Subsection (a-1). |
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38 | 38 | | SECTION 2. The change in law made by this Act applies only |
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39 | 39 | | to an application for appraisal under Subchapter E, Chapter 23, Tax |
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40 | 40 | | Code, that is filed with the chief appraiser of an appraisal |
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41 | 41 | | district on or after the effective date of this Act. |
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42 | 42 | | SECTION 3. This Act takes effect January 1, 2026. |
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