By: Hinojosa of Nueces S.B. No. 1352
A BILL TO BE ENTITLED
AN ACT
relating to the deadline for filing an application for certain ad
valorem tax exemptions or allocations and the calculation of the
penalty for filing a late application for such an exemption or
allocation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.43, Tax Code, is amended by adding
Subsection (d-1) to read as follows:
(d-1) If the chief appraiser extends the deadline for a
property owner to file a rendition statement or property report to
May 15 under Section 22.23(b), the chief appraiser shall also
extend the deadline for the property owner to file an application
for an exemption under Section 11.251 to May 15. For good cause
shown, the chief appraiser may further extend the deadline for
filing an exemption application by written order for a single
period not to exceed 60 days from the deadline prescribed by
Subsection (d).
SECTION 2. Section 11.4391(b), Tax Code, is amended to read
as follows:
(b) If the application is approved, the property owner is
liable to each taxing unit allowing the exemption for a penalty in
an amount equal to the lesser of:
(1) 10 percent of the difference between the amount of
tax imposed by the taxing unit on the inventory or property, a
portion of which consists of freeport goods, and the amount that
would otherwise have been imposed; or
(2) 10 percent of the amount of tax imposed by the
taxing unit on the inventory or property, a portion of which
consists of freeport goods.
SECTION 3. Section 21.09, Tax Code, is amended by adding
Subsection (b-1) to read as follows:
(b-1) If the chief appraiser extends the deadline for a
property owner to file a rendition statement or property report to
May 15 under Section 22.23(b), the chief appraiser shall also
extend the deadline for the property owner to file an allocation
application form to May 15. For good cause shown, the chief
appraiser shall further extend the deadline for filing an
allocation application form by written order for a period not to
exceed 30 days from the deadline prescribed by Subsection (b).
SECTION 4. Section 21.10(b), Tax Code, is amended to read as
follows:
(b) If the application is approved, the property owner is
liable to each taxing unit for a penalty in an amount equal to the
lesser of:
(1) 10 percent of the difference between the amount of
tax imposed by the taxing unit on the property without the
allocation and the amount of tax imposed on the property with the
allocation; or
(2) 10 percent of the amount of tax imposed by the
taxing unit on the property with the allocation.
SECTION 5. Section 11.43(d-1), Tax Code, as added by this
Act, and Section 11.4391(b), Tax Code, as amended by this Act, apply
only to an application for an exemption for freeport goods under
Section 11.251, Tax Code, filed on or after the effective date of
this Act.
SECTION 6. Section 21.09(b-1), Tax Code, as added by this
Act, and Section 21.10(b), Tax Code, as amended by this Act, apply
only to an application for an allocation under Section 21.09, Tax
Code, filed on or after the effective date of this Act.
SECTION 7. This Act takes effect September 1, 2025.