73R759 JD-D
By Goolsby H.B. No. 71
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the application of certain ad valorem tax overpayments
1-3 and erroneous payments to certain delinquent ad valorem taxes.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 31.11, Tax Code, is amended by amending
1-6 Subsection (b) and adding Subsection (c) to read as follows:
1-7 (b) A taxing unit that determines a taxpayer is delinquent
1-8 in ad valorem tax payments on property other than the property for
1-9 which liability for a refund arises may apply the amount of an
1-10 overpayment or erroneous payment to the payment of the delinquent
1-11 taxes if the taxpayer was the sole owner of the property:
1-12 (1) for which the refund is sought on January 1 of the
1-13 tax year in which those taxes were assessed; and
1-14 (2) on which the taxes are delinquent on January 1 of
1-15 the tax year for which those taxes were assessed.
1-16 (c) An application for a refund must be made within three
1-17 years after the date of the payment or the taxpayer waives the
1-18 right to the refund.
1-19 SECTION 2. This Act takes effect September 1, 1993, and
1-20 applies only to refunds the liability for which arises on or after
1-21 that date.
1-22 SECTION 3. The importance of this legislation and the
1-23 crowded condition of the calendars in both houses create an
1-24 emergency and an imperative public necessity that the
2-1 constitutional rule requiring bills to be read on three several
2-2 days in each house be suspended, and this rule is hereby suspended.
2-3 COMMITTEE AMENDMENT NO. 1
2-4 Amend HB 71 by amending Section 2 to read as follows:
2-5 SECTION 2. Section 26.15, Tax Code, is amended by adding
2-6 subsection (g) to read as follows:
2-7 (g) A taxing unit that determines a taxpayer is delinquent
2-8 in ad valorem tax payments on property other than the property for
2-9 which liability for a refund arises may apply the amount of an
2-10 overpayment to the payment of the delinquent taxes if the taxpayer
2-11 was the sole owner of the property:
2-12 (1) for which the refund is sought on January 1 of the
2-13 tax year in which those taxes were assessed; and
2-14 (2) on which the taxes are delinquent on January 1 of
2-15 the tax year for which those taxes were assessed.
2-16 Renumber SECTION 2 of HB 71 as SECTION 3.
2-17 Renumber SECTION 3 of HB 71 as SECTION 4.
2-18 Craddick