1 | 1 | | 89R743 RDS-D |
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2 | 2 | | By: Hughes S.B. No. 678 |
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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 reappraisal for ad valorem taxation purposes of |
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10 | 10 | | certain property completely destroyed or partially damaged by an |
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11 | 11 | | accidental fire. |
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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. Subchapter A, Chapter 23, Tax Code, is amended by |
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14 | 14 | | adding Section 23.025 to read as follows: |
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15 | 15 | | Sec. 23.025. REAPPRAISAL OF PROPERTY DESTROYED OR DAMAGED |
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16 | 16 | | BY FIRE. (a) In this section, "qualified property" means real |
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17 | 17 | | property that is completely destroyed or at least 15 percent |
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18 | 18 | | damaged by an accidental fire. For purposes of this subsection, |
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19 | 19 | | "real property" includes a manufactured home as that term is |
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20 | 20 | | defined by Section 1201.003, Occupations Code, that is used as a |
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21 | 21 | | dwelling, regardless of whether the owner of the manufactured home |
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22 | 22 | | elects to treat the manufactured home as real property under |
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23 | 23 | | Section 1201.2055, Occupations Code. |
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24 | 24 | | (b) A property owner may request the chief appraiser of an |
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25 | 25 | | appraisal district in which a qualified property owned by the |
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26 | 26 | | property owner and destroyed or damaged by an accidental fire is |
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27 | 27 | | located to reappraise the property. The owner must make the request |
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28 | 28 | | in writing not later than the 180th day after the date the fire |
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29 | 29 | | occurs. |
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30 | 30 | | (c) Except as provided by this subsection, the chief |
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31 | 31 | | appraiser shall reappraise a qualified property if requested to do |
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32 | 32 | | so by the owner of the property. The chief appraiser is not |
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33 | 33 | | required to reappraise the property if the property qualifies for |
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34 | 34 | | an exemption under Section 11.35 as the result of the same fire. |
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35 | 35 | | (d) The comptroller, in consultation with appraisal |
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36 | 36 | | districts, shall develop guidelines for determining the process for |
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37 | 37 | | reappraising property under this section, including for |
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38 | 38 | | determining whether a property is a qualified property and for |
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39 | 39 | | calculating an appropriate value of any exemption and appraisal |
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40 | 40 | | limitation applied during or after the tax year for which the |
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41 | 41 | | property is reappraised. |
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42 | 42 | | (e) The chief appraiser shall complete the reappraisal of |
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43 | 43 | | property as soon as practicable after a request is made. |
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44 | 44 | | (f) The chief appraiser shall include in the appraisal |
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45 | 45 | | records: |
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46 | 46 | | (1) the date the fire occurred; |
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47 | 47 | | (2) the appraised value of the property before the |
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48 | 48 | | fire occurred; |
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49 | 49 | | (3) the appraised value of the property immediately |
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50 | 50 | | after the fire occurred; and |
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51 | 51 | | (4) any other information required to be included in |
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52 | 52 | | the records. |
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53 | 53 | | (g) The amount of the taxes imposed by a taxing unit on |
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54 | 54 | | property reappraised under this section for the tax year in which a |
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55 | 55 | | fire occurs is calculated by: |
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56 | 56 | | (1) multiplying the amount of the taxes that otherwise |
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57 | 57 | | would be imposed by the taxing unit on the property for the entire |
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58 | 58 | | year by a fraction, the denominator of which is 365 and the |
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59 | 59 | | numerator of which is the number of days that elapsed before the |
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60 | 60 | | date the fire occurred; |
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61 | 61 | | (2) multiplying the amount of the taxes that would be |
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62 | 62 | | imposed by the taxing unit on the property for the entire year based |
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63 | 63 | | on the reappraised value of the property by a fraction, the |
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64 | 64 | | denominator of which is 365 and the numerator of which is the number |
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65 | 65 | | of days, including the date the fire occurred, remaining in the tax |
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66 | 66 | | year; and |
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67 | 67 | | (3) adding the amounts calculated under Subdivisions |
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68 | 68 | | (1) and (2). |
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69 | 69 | | (h) If property is reappraised under this section, the |
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70 | 70 | | assessor for each taxing unit shall calculate the amount of the tax |
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71 | 71 | | due on the property as provided by this section. If the property is |
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72 | 72 | | reappraised after the amount of the tax due on the property is |
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73 | 73 | | calculated, the assessor shall recalculate the amount of the tax |
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74 | 74 | | due on the property and correct the tax roll. If the tax bill has |
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75 | 75 | | been mailed and the tax on the property has not been paid, the |
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76 | 76 | | assessor shall mail a corrected tax bill to the person in whose name |
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77 | 77 | | the property is listed on the tax roll or to the person's authorized |
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78 | 78 | | agent. If the tax on the property has been paid, the tax collector |
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79 | 79 | | for the taxing unit shall refund to the person who paid the tax the |
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80 | 80 | | amount by which the payment exceeded the tax due. |
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81 | 81 | | SECTION 2. Not later than January 1, 2026, the comptroller |
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82 | 82 | | shall develop guidelines required by Section 23.025, Tax Code, as |
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83 | 83 | | added by this Act, and shall distribute those guidelines to each |
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84 | 84 | | appraisal district. |
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85 | 85 | | SECTION 3. The change in law made by this Act applies to the |
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86 | 86 | | reappraisal of property destroyed or damaged by an accidental fire |
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87 | 87 | | only if the fire occurs on or after January 1, 2026. |
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88 | 88 | | SECTION 4. This Act takes effect immediately if it receives |
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89 | 89 | | a vote of two-thirds of all the members elected to each house, as |
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90 | 90 | | provided by Section 39, Article III, Texas Constitution. If this |
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91 | 91 | | Act does not receive the vote necessary for immediate effect, this |
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92 | 92 | | Act takes effect September 1, 2025. |
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