73R4530 SMH-F
          By Craddick                                           H.B. No. 1158
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to penalties and interest on property taxes included in
    1-3  certain tax bills returned undelivered to the tax collector by the
    1-4  postal service.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Chapter 31, Tax Code, is amended by adding
    1-7  Section 31.015 to read as follows:
    1-8        Sec. 31.015.  CERTAIN TAX BILLS:  PENALTY AND INTEREST
    1-9  EXCLUDED.  (a)  If a tax bill is returned undelivered to the taxing
   1-10  unit by the United States Postal Service, penalties and interest on
   1-11  the amount of the tax to which the bill applies shall be waived if:
   1-12              (1)  the taxing unit does not send another tax bill on
   1-13  the property in question at least 21 days before the delinquency
   1-14  date to the current mailing address furnished by the property owner
   1-15  and the property owner establishes that a current mailing address
   1-16  was furnished to the taxing unit or appraisal district by the
   1-17  property owner for the tax bill before September 1 of the year in
   1-18  which the tax is assessed; or
   1-19              (2)  the tax bill was returned because:
   1-20                    (A)  the mailing address of the property owner
   1-21  was changed by the appraisal district or taxing unit without the
   1-22  knowledge of the property owner from the address that appeared on
   1-23  the tax roll in the preceding year;
   1-24                    (B)  the tax assessed on that property in the
    2-1  preceding year was paid before the delinquency date; and
    2-2                    (C)  the taxing unit or appraisal district did
    2-3  not send another tax bill on the property in question at least 21
    2-4  days before the delinquency to the proper mailing address.
    2-5        (b)  For the purposes of this section, a property owner is
    2-6  considered to have furnished a current mailing address to the
    2-7  taxing unit or to the appraisal district if the current address is
    2-8  expressly communicated to either the taxing unit or the appraisal
    2-9  district in writing or if the appraisal district or the taxing unit
   2-10  received a copy of a recorded instrument transferring ownership of
   2-11  real property and the current mailing address of the new owner is
   2-12  included in the instrument or in accompanying communications or
   2-13  letters of transmittal.
   2-14        (c)  Penalties and interest do not accrue during the period
   2-15  that a bill is not sent under Section 31.01(f).
   2-16        SECTION 2.  Sections 31.01(a) and (f), Tax Code, are amended
   2-17  to read as follows:
   2-18        (a)  Except as provided by Subsection (f) of this section,
   2-19  the assessor for each taxing unit shall prepare and mail a tax bill
   2-20  to each person in whose name the property is listed on the tax roll
   2-21  or to his authorized agent.  The assessor shall mail tax bills by
   2-22  October 1 or as soon thereafter as practicable.  The assessor shall
   2-23  mail to the state agency or institution the tax bill for any
   2-24  taxable property owned by the agency or institution.  The agency or
   2-25  institution shall pay the taxes from funds appropriated for payment
   2-26  of the taxes or, if there are none, from funds appropriated for the
   2-27  administration of the agency or institution.  The outside of the
    3-1  envelope in which a tax bill is sent must show the return address
    3-2  of the taxing unit.
    3-3        (f)  A collector may provide that a tax bill not be sent
    3-4  until the total amount of unpaid taxes the collector collects on
    3-5  the property for all taxing units the collector serves is $15 or
    3-6  more.  A collector may not send a tax bill for an amount of taxes
    3-7  less than $15 if before the tax bill is prepared the property owner
    3-8  files a written request with the collector that a tax bill not be
    3-9  sent until the total amount of unpaid taxes the collector collects
   3-10  on the property is $15 or more.  The request applies to all
   3-11  subsequent taxes the collector collects on the property until the
   3-12  property owner in writing revokes the request or the person no
   3-13  longer owns the property.  <Penalties and interest do not accrue
   3-14  during a period when a bill is not sent under this subsection.>
   3-15        SECTION 3.  This Act takes effect September 1, 1993, and
   3-16  applies to a tax bill sent on or after that date.  The application
   3-17  of penalties and interest on property taxes for tax bills sent
   3-18  before the effective date of this Act is governed by the law in
   3-19  effect at the time the tax bill was sent, and that law is continued
   3-20  in effect for that purpose.
   3-21        SECTION 4.  The importance of this legislation and the
   3-22  crowded condition of the calendars in both houses create an
   3-23  emergency and an imperative public necessity that the
   3-24  constitutional rule requiring bills to be read on three several
   3-25  days in each house be suspended, and this rule is hereby suspended.