By Oakley H.B. No. 1884
74R6231 SMH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the additional tax imposed on certain land appraised
1-3 for ad valorem tax purposes as open-space land the use of which is
1-4 changed to cemetery purposes.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 23.55, Tax Code, is amended by adding
1-7 Subsections (j) and (k) to read as follows:
1-8 (j) The sanctions provided by Subsection (a) do not apply to
1-9 a change in the use of land if:
1-10 (1) the land is located in an unincorporated area of a
1-11 county with a population of less than 100,000;
1-12 (2) the land does not exceed five acres;
1-13 (3) the land is owned by a cemetery organization;
1-14 (4) the cemetery organization dedicates the land for a
1-15 cemetery purpose;
1-16 (5) the cemetery organization has not dedicated more
1-17 than five acres of land in the county for a cemetery purpose in the
1-18 five years preceding the date the cemetery organization dedicates
1-19 the land for a cemetery purpose; and
1-20 (6) the land is adjacent to a cemetery that has been
1-21 in existence for more than 100 years.
1-22 (k) In Subsection (j), "cemetery," "cemetery organization,"
1-23 and "cemetery purpose" have the meanings assigned those terms by
1-24 Section 711.001, Health and Safety Code.
2-1 SECTION 2. The change in law made by this Act applies only
2-2 to a change of use of land on or after the effective date of this
2-3 Act. A change of use of land before the effective date of this Act
2-4 is governed by the law in effect when the use of land was changed,
2-5 and that law is continued in effect for that purpose.
2-6 SECTION 3. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended,
2-11 and that this Act take effect and be in force from and after its
2-12 passage, and it is so enacted.