By: Bivins S.B. No. 1330
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the remedies available to a person who has paid an
1-2 unlawful ad valorem tax.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 31, Tax Code, is amended by adding
1-5 Section 31.115 to read as follows:
1-6 Sec. 31.115. PAYMENT OF UNLAWFUL TAX. If the imposition of
1-7 all or part of ad valorem taxes on all or a class of property is
1-8 unlawful, a court is not prohibited from ordering a refund to each
1-9 property owner subject to the tax of the amount of unlawful tax
1-10 paid by the owner even if the owner did not pay the amount of tax
1-11 refunded under protest, and payment of the unlawful tax does not
1-12 deprive the owner of any right or remedy available to an owner who
1-13 pays the tax under protest.
1-14 SECTION 2. The importance of this legislation and the
1-15 crowded condition of the calendars in both houses create an
1-16 emergency and an imperative public necessity that the
1-17 constitutional rule requiring bills to be read on three several
1-18 days in each house be suspended, and this rule is hereby suspended,
1-19 and that this Act take effect and be in force from and after its
1-20 passage, and it is so enacted.