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A BILL TO BE ENTITLED
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AN ACT
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relating to the waiver under certain circumstances of the |
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late-correction penalty if an appraisal roll is changed as a result |
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of the filing of a motion with the appraisal review board to correct |
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an error that resulted in an incorrect appraised value for an |
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owner's property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.25, Tax Code, is amended by amending |
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Subsection (d-1) and adding Subsection (d-2) to read as follows: |
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(d-1) If the appraisal roll is changed under Subsection (d), |
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the property owner must pay to each affected taxing unit a |
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late-correction penalty equal to 10 percent of the amount of taxes |
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as calculated on the basis of the corrected appraised value. |
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Payment of the late-correction penalty is secured by the lien that |
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attaches to the property under Section 32.01 and is subject to |
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enforced collection under Chapter 33. The penalty imposed under |
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this subsection does not apply if the property that is the subject |
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of the motion filed under Subsection (d) was under construction on |
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January 1 and the error that resulted in an incorrect appraised |
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value for the property was a result of the chief appraiser: |
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(1) appraising the property as though construction was |
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complete on that date; or |
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(2) inaccurately determining the percentage by which |
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construction of the property was complete on that date. |
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(d-2) An appraisal [The] roll may not be changed under |
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Subsection (d) if: |
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(1) the property was the subject of a protest brought |
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by the property owner under Chapter 41, a hearing on the protest was |
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conducted in which the property owner offered evidence or argument, |
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and the appraisal review board made a determination of the protest |
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on the merits; or |
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(2) the appraised value of the property was |
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established as a result of a written agreement between the property |
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owner or the owner's agent and the appraisal district. |
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SECTION 2. The change in law made by this Act applies only |
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to a late-correction penalty that relates to a motion filed under |
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Section 25.25(d), Tax Code, on or after the effective date of this |
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Act. A late-correction penalty that relates to a motion filed under |
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Section 25.25(d), Tax Code, before the effective date of this Act is |
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governed by the law in effect when the motion was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |