1-1  By:  Goolsby (Senate Sponsor - Shelley)                 H.B. No. 71
    1-2        (In the Senate - Received from the House March 30, 1993;
    1-3  March 31, 1993, read first time and referred to Committee on
    1-4  Finance; May 3, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 11, Nays 0; May 3, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Montford           x                               
   1-10        Turner             x                               
   1-11        Armbrister         x                               
   1-12        Barrientos         x                               
   1-13        Bivins                                         x   
   1-14        Ellis                                          x   
   1-15        Haley              x                               
   1-16        Moncrief           x                               
   1-17        Parker             x                               
   1-18        Ratliff            x                               
   1-19        Sims               x                               
   1-20        Truan              x                               
   1-21        Zaffirini          x                               
   1-22  COMMITTEE SUBSTITUTE FOR H.B. No. 71                     By:  Truan
   1-23                         A BILL TO BE ENTITLED
   1-24                                AN ACT
   1-25  relating to the addition of certain property to the property tax
   1-26  roll and to the application of certain ad valorem tax overpayments
   1-27  and erroneous payments to certain delinquent ad valorem taxes.
   1-28        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-29        SECTION 1.  Section 31.11, Tax Code, is amended by amending
   1-30  Subsection (b) and adding Subsection (c) to read as follows:
   1-31        (b)  A taxing unit that determines a taxpayer is delinquent
   1-32  in ad valorem tax payments on property other than the property for
   1-33  which liability for a refund arises may apply the amount of an
   1-34  overpayment or erroneous payment to the payment of the delinquent
   1-35  taxes if the taxpayer was the sole owner of the property:
   1-36              (1)  for which the refund is sought on January 1 of the
   1-37  tax year in which those taxes were assessed; and
   1-38              (2)  on which the taxes are delinquent on January 1 of
   1-39  the tax year for which those taxes were assessed.
   1-40        (c)  An application for a refund must be made within three
   1-41  years after the date of the payment or the taxpayer waives the
   1-42  right to the refund.
   1-43        SECTION 2.  Section 26.15, Tax Code, is amended by adding
   1-44  Subsection (g) to read as follows:
   1-45        (g)  A taxing unit that determines a taxpayer is delinquent
   1-46  in ad valorem tax payments on property other than the property for
   1-47  which liability for a refund arises may apply the amount of an
   1-48  overpayment to the payment of the delinquent taxes if the taxpayer
   1-49  was the sole owner of the property:
   1-50              (1)  for which the refund is sought on January 1 of the
   1-51  tax year in which those taxes were assessed; and
   1-52              (2)  on which the taxes are delinquent on January 1 of
   1-53  the tax year for which those taxes were assessed.
   1-54        SECTION 3.  Section 11.43(i), Tax Code, is amended to read as
   1-55  follows:
   1-56        (i)  If the chief appraiser discovers that an exemption that
   1-57  is not required to be claimed annually has been erroneously allowed
   1-58  in any one of the three <10> preceding years, the chief appraiser
   1-59  <he> shall add the property or appraised value that was erroneously
   1-60  exempted for each year to the appraisal roll as provided by Section
   1-61  25.21 of this code for other property that escapes taxation.  If an
   1-62  exemption that was erroneously allowed did not apply to all taxing
   1-63  units in which the property was located, the chief appraiser shall
   1-64  note on the appraisal records, for each prior year, the taxing
   1-65  units that gave the exemption and are entitled to impose taxes on
   1-66  the property or value that escaped taxation.
   1-67        SECTION 4.  (a)  This Act takes effect September 1, 1993.
   1-68        (b)  The changes in law made by Sections 1 and 2 of this Act
    2-1  apply only to refunds the liability for which arises on or after
    2-2  the effective date of this Act.
    2-3        SECTION 5.  The importance of this legislation and the
    2-4  crowded condition of the calendars in both houses create an
    2-5  emergency and an imperative public necessity that the
    2-6  constitutional rule requiring bills to be read on three several
    2-7  days in each house be suspended, and this rule is hereby suspended.
    2-8                               * * * * *
    2-9                                                         Austin,
   2-10  Texas
   2-11                                                         May 3, 1993
   2-12  Hon. Bob Bullock
   2-13  President of the Senate
   2-14  Sir:
   2-15  We, your Committee on Finance to which was referred H.B. No. 71,
   2-16  have had the same under consideration, and I am instructed to
   2-17  report it back to the Senate with the recommendation that it do not
   2-18  pass, but that the Committee Substitute adopted in lieu thereof do
   2-19  pass and be printed.
   2-20                                                         Montford,
   2-21  Chairman
   2-22                               * * * * *
   2-23                               WITNESSES
   2-24  No witnesses appeared on H.B. No. 71.