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A BILL TO BE ENTITLED
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AN ACT
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relating to the reappraisal for ad valorem taxation purposes of |
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real property on which a building completely destroyed by a |
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casualty is located. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 23, Tax Code, is amended by |
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adding Section 23.025 to read as follows: |
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Sec. 23.025. REAPPRAISAL OF PROPERTY DESTROYED BY CASUALTY. |
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(a) A property owner may request the chief appraiser of an |
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appraisal district in which a residence homestead owned and |
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occupied by the property owner is located to reappraise property |
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that is the property owner's residence homestead if a building |
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located on the property is completely destroyed by a casualty. The |
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owner must make the request in writing not later than the 180th day |
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after the date the casualty occurs. |
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(b) Except as provided by this subsection, the chief |
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appraiser shall reappraise property described by Subsection (a) if |
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requested to do so by the owner of the property. The chief |
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appraiser is not required to reappraise the property if the |
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property qualifies for an exemption under Section 11.35 as the |
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result of the same casualty. |
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(c) The comptroller, in consultation with appraisal |
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districts, shall develop guidelines for determining the process for |
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reappraising property under this section, including for |
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determining whether property is completely destroyed by casualty |
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and for calculating an appropriate value of any residence homestead |
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exemption and appraisal limitation applied during or after the tax |
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year for which the property is reappraised. |
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(d) The chief appraiser shall complete the reappraisal of |
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property as soon as practicable after a request is made. |
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(e) The chief appraiser shall include in the appraisal |
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records: |
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(1) the date the casualty occurred; |
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(2) the appraised value of the property before the |
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casualty occurred; |
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(3) the appraised value of the property immediately |
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after the casualty occurred; and |
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(4) any other information required to be included in |
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the records. |
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(f) The amount of the taxes imposed by a taxing unit on |
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property reappraised under this section for the tax year in which a |
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casualty occurs is calculated by: |
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(1) multiplying the amount of the taxes that otherwise |
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would be imposed by the taxing unit on the property for the entire |
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year by a fraction, the denominator of which is 365 and the |
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numerator of which is the number of days that elapsed before the |
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date the casualty occurred; |
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(2) multiplying the amount of the taxes that would be |
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imposed by the taxing unit on the property for the entire year based |
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on the reappraised value of the property by a fraction, the |
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denominator of which is 365 and the numerator of which is the number |
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of days, including the date the casualty occurred, remaining in the |
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tax year; and |
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(3) adding the amounts calculated under Subdivisions |
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(1) and (2). |
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(g) If property is reappraised under this section, the |
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assessor for each taxing unit shall calculate the amount of the tax |
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due on the property as provided by this section. If the property is |
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reappraised after the amount of the tax due on the property is |
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calculated, the assessor shall recalculate the amount of the tax |
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due on the property and correct the tax roll. If the tax bill has |
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been mailed and the tax on the property has not been paid, the |
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assessor shall mail a corrected tax bill to the person in whose name |
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the property is listed on the tax roll or to the person's authorized |
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agent. If the tax on the property has been paid, the tax collector |
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for the taxing unit shall refund to the person who paid the tax the |
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amount by which the payment exceeded the tax due. |
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SECTION 2. Not later than September 1, 2024, the |
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comptroller shall develop guidelines required by Section 23.025, |
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Tax Code, as added by this Act, and shall distribute those |
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guidelines to each appraisal district. |
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SECTION 3. The change in law made by this Act applies to the |
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reappraisal of real property on which a building completely |
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destroyed by a casualty is located only if the casualty occurs on or |
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after the effective date of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |