1 | 1 | | 89R3427 LHC-D |
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2 | 2 | | By: Tepper H.B. No. 416 |
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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 the deadlines for performing various functions in |
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10 | 10 | | connection with the ad valorem tax system. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Sections 26.01(a) and (a-1), Tax Code, are |
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13 | 13 | | amended to read as follows: |
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14 | 14 | | (a) By August [July] 25, the chief appraiser shall prepare |
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15 | 15 | | and certify to the assessor for each taxing unit participating in |
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16 | 16 | | the district that part of the appraisal roll for the district that |
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17 | 17 | | lists the property taxable by the taxing unit. The part certified |
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18 | 18 | | to the assessor is the appraisal roll for the taxing unit. The |
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19 | 19 | | chief appraiser shall consult with the assessor for each taxing |
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20 | 20 | | unit and notify each taxing unit in writing by April 1 of the form in |
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21 | 21 | | which the roll will be provided to each taxing unit. |
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22 | 22 | | (a-1) If by August [July] 20 the appraisal review board for |
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23 | 23 | | an appraisal district has not approved the appraisal records for |
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24 | 24 | | the district as required under Section 41.12, the chief appraiser |
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25 | 25 | | shall not later than August [July] 25 prepare and certify to the |
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26 | 26 | | assessor for each taxing unit participating in the district an |
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27 | 27 | | estimate of the taxable value of property in that taxing unit. |
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28 | 28 | | SECTION 2. Sections 26.04(b), (e), and (e-6), Tax Code, are |
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29 | 29 | | amended to read as follows: |
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30 | 30 | | (b) The assessor shall submit the appraisal roll for the |
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31 | 31 | | taxing unit showing the total appraised, assessed, and taxable |
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32 | 32 | | values of all property and the total taxable value of new property |
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33 | 33 | | to the governing body of the taxing unit by September [August] 1 or |
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34 | 34 | | as soon thereafter as practicable. By September [August] 1 or as |
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35 | 35 | | soon thereafter as practicable, the taxing unit's collector shall |
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36 | 36 | | certify the anticipated collection rate as calculated under |
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37 | 37 | | Subsections (h), (h-1), and (h-2) for the current year to the |
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38 | 38 | | governing body. If the collector certified an anticipated |
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39 | 39 | | collection rate in the preceding year and the actual collection |
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40 | 40 | | rate in that year exceeded the anticipated rate, the collector |
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41 | 41 | | shall also certify the amount of debt taxes collected in excess of |
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42 | 42 | | the anticipated amount in the preceding year. |
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43 | 43 | | (e) By September [August] 7 or as soon thereafter as |
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44 | 44 | | practicable, the designated officer or employee shall submit the |
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45 | 45 | | rates to the governing body. The designated officer or employee |
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46 | 46 | | shall post prominently on the home page of the taxing unit's |
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47 | 47 | | Internet website in the form prescribed by the comptroller: |
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48 | 48 | | (1) the no-new-revenue tax rate, the voter-approval |
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49 | 49 | | tax rate, and an explanation of how they were calculated; |
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50 | 50 | | (2) the estimated amount of interest and sinking fund |
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51 | 51 | | balances and the estimated amount of maintenance and operation or |
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52 | 52 | | general fund balances remaining at the end of the current fiscal |
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53 | 53 | | year that are not encumbered with or by corresponding existing debt |
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54 | 54 | | obligation; and |
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55 | 55 | | (3) a schedule of the taxing unit's debt obligations |
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56 | 56 | | showing: |
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57 | 57 | | (A) the amount of principal and interest that |
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58 | 58 | | will be paid to service the taxing unit's debts in the next year |
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59 | 59 | | from property tax revenue, including payments of lawfully incurred |
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60 | 60 | | contractual obligations providing security for the payment of the |
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61 | 61 | | principal of and interest on bonds and other evidences of |
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62 | 62 | | indebtedness issued on behalf of the taxing unit by another |
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63 | 63 | | political subdivision and, if the taxing unit is created under |
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64 | 64 | | Section 52, Article III, or Section 59, Article XVI, Texas |
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65 | 65 | | Constitution, payments on debts that the taxing unit anticipates to |
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66 | 66 | | incur in the next calendar year; |
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67 | 67 | | (B) the amount by which taxes imposed for debt |
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68 | 68 | | are to be increased because of the taxing unit's anticipated |
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69 | 69 | | collection rate; and |
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70 | 70 | | (C) the total of the amounts listed in Paragraphs |
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71 | 71 | | (A)-(B), less any amount collected in excess of the previous year's |
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72 | 72 | | anticipated collections certified as provided in Subsection (b). |
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73 | 73 | | (e-6) By September [August] 7 or as soon thereafter as |
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74 | 74 | | practicable, the chief appraiser of each appraisal district shall |
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75 | 75 | | publish in a newspaper of general circulation in the county for |
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76 | 76 | | which the appraisal district is established the notice required by |
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77 | 77 | | Subsection (e-2). If there is no newspaper of general circulation |
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78 | 78 | | in the county for which the appraisal district is established, the |
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79 | 79 | | notice shall be posted at the appraisal office for the district. |
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80 | 80 | | SECTION 3. Section 26.05(a), Tax Code, is amended to read as |
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81 | 81 | | follows: |
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82 | 82 | | (a) The governing body of each taxing unit shall adopt a tax |
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83 | 83 | | rate for the current tax year and shall notify the assessor for the |
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84 | 84 | | taxing unit of the rate adopted. The governing body must adopt a |
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85 | 85 | | tax rate before the later of September 30 or the 30th [60th] day |
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86 | 86 | | after the date the certified appraisal roll is received by the |
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87 | 87 | | taxing unit, except that the governing body must adopt a tax rate |
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88 | 88 | | that exceeds the voter-approval tax rate not later than the 71st day |
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89 | 89 | | before the next uniform election date prescribed by Section 41.001, |
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90 | 90 | | Election Code, that occurs in November of that year. The tax rate |
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91 | 91 | | consists of two components, each of which must be approved |
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92 | 92 | | separately. The components are: |
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93 | 93 | | (1) for a taxing unit other than a school district, the |
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94 | 94 | | rate that, if applied to the total taxable value, will impose the |
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95 | 95 | | total amount described by Section 26.04(e)(3)(C), less any amount |
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96 | 96 | | of additional sales and use tax revenue that will be used to pay |
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97 | 97 | | debt service, or, for a school district, the rate calculated under |
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98 | 98 | | Section 44.004(c)(5)(A)(ii)(b), Education Code; and |
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99 | 99 | | (2) the rate that, if applied to the total taxable |
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100 | 100 | | value, will impose the amount of taxes needed to fund maintenance |
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101 | 101 | | and operation expenditures of the taxing unit for the next year. |
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102 | 102 | | SECTION 4. Section 26.16(d-2), Tax Code, is amended to read |
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103 | 103 | | as follows: |
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104 | 104 | | (d-2) By September [August] 7 or as soon thereafter as |
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105 | 105 | | practicable, the county assessor-collector shall post on the |
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106 | 106 | | website the tax rate calculation forms described by Subsection |
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107 | 107 | | (d-1)(1) for the current tax year. |
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108 | 108 | | SECTION 5. Section 31.01(h), Tax Code, is amended to read as |
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109 | 109 | | follows: |
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110 | 110 | | (h) An assessor who assesses taxes for more than one taxing |
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111 | 111 | | unit may prepare and deliver separate bills for the taxes of a |
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112 | 112 | | taxing unit that does not adopt a tax rate for the year before the |
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113 | 113 | | 30th [60th] day after the date the chief appraiser certifies the |
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114 | 114 | | appraisal roll for the taxing unit under Section 26.01 [of this |
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115 | 115 | | code] or, if the taxing unit participates in more than one appraisal |
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116 | 116 | | district, before the 30th [60th] day after the date it receives a |
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117 | 117 | | certified appraisal roll from any of the appraisal districts in |
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118 | 118 | | which it participates. If separate tax bills are prepared and |
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119 | 119 | | delivered under this subsection, the taxing unit or taxing units |
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120 | 120 | | that failed to adopt the tax rate before the prescribed deadline |
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121 | 121 | | must pay the additional costs incurred in preparing and mailing the |
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122 | 122 | | separate bills in addition to any other compensation required or |
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123 | 123 | | agreed to be paid for the appraisal services rendered. |
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124 | 124 | | SECTION 6. Sections 41.12(a) and (c), Tax Code, are amended |
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125 | 125 | | to read as follows: |
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126 | 126 | | (a) By August [July] 20, the appraisal review board shall: |
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127 | 127 | | (1) hear and determine all or substantially all timely |
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128 | 128 | | filed protests; |
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129 | 129 | | (2) determine all timely filed challenges; |
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130 | 130 | | (3) submit a list of its approved changes in the |
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131 | 131 | | records to the chief appraiser; and |
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132 | 132 | | (4) approve the records. |
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133 | 133 | | (c) The board of directors of an appraisal district |
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134 | 134 | | established for a county with a population of at least one million |
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135 | 135 | | by resolution may: |
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136 | 136 | | (1) postpone the deadline established by Subsection |
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137 | 137 | | (a) for the performance of the functions listed in that subsection |
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138 | 138 | | to a date not later than September 15 [August 30]; or |
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139 | 139 | | (2) provide that the appraisal review board may |
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140 | 140 | | approve the appraisal records if the sum of the appraised values, as |
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141 | 141 | | determined by the chief appraiser, of all properties on which a |
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142 | 142 | | protest has been filed but not determined does not exceed 10 percent |
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143 | 143 | | of the total appraised value of all other taxable properties. |
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144 | 144 | | SECTION 7. Section 41.44(a), Tax Code, is amended to read as |
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145 | 145 | | follows: |
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146 | 146 | | (a) Except as provided by Subsections (b), (c), (c-1), and |
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147 | 147 | | (c-2), to be entitled to a hearing and determination of a protest, |
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148 | 148 | | the property owner initiating the protest must file a written |
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149 | 149 | | notice of the protest with the appraisal review board having |
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150 | 150 | | authority to hear the matter protested: |
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151 | 151 | | (1) not later than May 15 or the 60th [30th] day after |
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152 | 152 | | the date that notice to the property owner was delivered to the |
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153 | 153 | | property owner as provided by Section 25.19, whichever is later; |
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154 | 154 | | (2) in the case of a protest of a change in the |
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155 | 155 | | appraisal records ordered as provided by Subchapter A of this |
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156 | 156 | | chapter or by Chapter 25, not later than the 30th day after the date |
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157 | 157 | | notice of the change is delivered to the property owner; |
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158 | 158 | | (3) in the case of a determination that a change in the |
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159 | 159 | | use of land appraised under Subchapter C, D, E, or H, Chapter 23, |
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160 | 160 | | has occurred, not later than the 30th day after the date the notice |
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161 | 161 | | of the determination is delivered to the property owner; |
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162 | 162 | | (4) in the case of a determination of eligibility for a |
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163 | 163 | | refund under Section 23.1243, not later than the 30th day after the |
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164 | 164 | | date the notice of the determination is delivered to the property |
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165 | 165 | | owner; or |
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166 | 166 | | (5) in the case of a protest of the modification or |
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167 | 167 | | denial of an application for an exemption under Section 11.35, or |
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168 | 168 | | the determination of an appropriate damage assessment rating for an |
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169 | 169 | | item of qualified property under that section, not later than the |
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170 | 170 | | 30th day after the date the property owner receives the notice |
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171 | 171 | | required under Section 11.45(e). |
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172 | 172 | | SECTION 8. Section 41.45(a), Tax Code, is amended to read as |
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173 | 173 | | follows: |
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174 | 174 | | (a) On the filing of a notice as required by Section 41.44, |
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175 | 175 | | the appraisal review board shall schedule a hearing on the protest. |
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176 | 176 | | The appraisal review board shall schedule the hearing to be held as |
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177 | 177 | | soon as practicable but not later than the 60th [90th] day after the |
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178 | 178 | | date the board approves the appraisal records as provided by |
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179 | 179 | | Section 41.12. If more than one protest is filed relating to the |
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180 | 180 | | same property, the appraisal review board shall schedule a single |
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181 | 181 | | hearing on all timely filed protests relating to the property. A |
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182 | 182 | | hearing for a property that is owned in undivided or fractional |
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183 | 183 | | interests, including separate interests in a mineral in place, |
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184 | 184 | | shall be scheduled to provide for participation by all owners who |
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185 | 185 | | have timely filed a protest. |
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186 | 186 | | SECTION 9. This Act applies only to ad valorem taxes imposed |
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187 | 187 | | for a tax year beginning on or after the effective date of this Act. |
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188 | 188 | | SECTION 10. This Act takes effect January 1, 2026. |
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