By:  Wilson                                           H.B. No. 2474
       73R6825 SMH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the ad valorem taxation of open-space, recreational,
    1-3  park, and scenic land; providing a penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter D, Chapter 23, Tax Code, is amended by
    1-6  adding Section 23.521 to read as follows:
    1-7        Sec. 23.521.  AGRICULTURE AS PRIMARY SOURCE OF INCOME.  A
    1-8  person is not entitled to have land the person owns appraised under
    1-9  this subchapter unless agriculture is the person's primary source
   1-10  of income.
   1-11        SECTION 2.  Section 23.54, Tax Code, is amended by adding
   1-12  Subsection (k) to read as follows:
   1-13        (k)  An application for appraisal of land under this
   1-14  subchapter is a public record.
   1-15        SECTION 3.  Section 23.55(a), Tax Code, is amended to read as
   1-16  follows:
   1-17        (a)  If the use of land that has been appraised as provided
   1-18  by this subchapter changes, an additional tax is imposed on the
   1-19  land:
   1-20              (1)  in an amount equal to the difference between the
   1-21  taxes imposed on the land for each of the five years preceding the
   1-22  year in which the change of use occurs that the land was appraised
   1-23  as provided by this subchapter and the tax that would have been
   1-24  imposed had the land been taxed on the basis of market value in
    2-1  each of those years, plus interest at an annual rate of seven
    2-2  percent calculated from the dates on which the differences would
    2-3  have become due; and
    2-4              (2)  if the person who owns the land when the use
    2-5  changes is not an individual, in an additional amount equal to the
    2-6  amount calculated under Subdivision (1).
    2-7        SECTION 4.  Section 23.18, Tax Code, is amended by amending
    2-8  Subsection (a) and adding Subsection (e) to read as follows:
    2-9        (a)  Because many residential subdivisions are developed on
   2-10  the basis of a nonprofit corporation or association maintaining
   2-11  nominal ownership to property, such as swimming pools, <parks,>
   2-12  meeting halls, parking lots, tennis courts, or other similar
   2-13  property, that is held for the use, benefit, and enjoyment of the
   2-14  members of the organization, that nominally owned property is to be
   2-15  appraised as provided by this section on the basis of a nominal
   2-16  value to avoid double taxation of the property that would result
   2-17  from taxation on the basis of market value of both the property of
   2-18  the organization and the residential units or lots of the members
   2-19  of the organization, whose property values are enhanced by the
   2-20  right to use the organization's property.
   2-21        (e)  This section does not apply to:
   2-22              (1)  a golf course; greenbelt; bicycling, jogging, or
   2-23  walking trail; open parkland; outdoor ball park; or playing field;
   2-24  or
   2-25              (2)  open land not used primarily in connection with a
   2-26  building, swimming pool, or other improvement designed for
   2-27  activities that require the covering of the ground with a permanent
    3-1  covering.
    3-2        SECTION 5.  Section 23.81(1), Tax Code, is amended to read as
    3-3  follows:
    3-4              (1)  "Recreational, park, or scenic use" means use for
    3-5  <individual or group sporting activities, for park or> camping
    3-6  activities, for development of historical, archaeological, or
    3-7  scientific sites, or for the conservation and preservation of
    3-8  scenic areas.  The term does not include:
    3-9                    (A)  a golf course; bicycling, jogging, or
   3-10  walking trail; ball park; or playing field; or
   3-11                    (B)  a greenbelt that is part of a platted
   3-12  residential subdivision.
   3-13        SECTION 6.  Section 23.82, Tax Code, is amended by adding
   3-14  Subsection (d) to read as follows:
   3-15        (d)  A voluntary restriction filed under Subsection (a) may
   3-16  be revoked by the owner of the land by filing a written instrument
   3-17  revoking the restriction with the county clerk of the county in
   3-18  which the land is located, if the land was appraised under this
   3-19  subchapter in a tax year but is determined to be ineligible for
   3-20  appraisal under this subchapter in a subsequent tax year because of
   3-21  a change in this subchapter made by the legislature.  This
   3-22  subsection does not apply to a restriction made for consideration,
   3-23  including a restriction contained in a covenant in a deed conveying
   3-24  an interest in land for consideration, or to a restriction that is
   3-25  made or revocable under Title 11, Property Code.
   3-26        SECTION 7.  Section 23.86, Tax Code, is amended by adding
   3-27  Subsection (e) to read as follows:
    4-1        (e)  The sanctions provided by Subsection (a) do not apply if
    4-2  a deed restriction is revoked under Section 23.82(d) or if land is
    4-3  diverted to another use after a change in this subchapter made by
    4-4  the legislature made the previously eligible land ineligible for
    4-5  appraisal under this subchapter.
    4-6        SECTION 8.  This Act takes effect January 1, 1994.
    4-7        SECTION 9.  The importance of this legislation and the
    4-8  crowded condition of the calendars in both houses create an
    4-9  emergency and an imperative public necessity that the
   4-10  constitutional rule requiring bills to be read on three several
   4-11  days in each house be suspended, and this rule is hereby suspended.