1-1 By: Stiles (Senate Sponsor - Zaffirini) H.B. No. 2197
1-2 (In the Senate - Received from the House May 4, 1995;
1-3 May 5, 1995, read first time and referred to Committee on Finance;
1-4 May 23, 1995, reported favorably by the following vote: Yeas 11,
1-5 Nays 0; May 23, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the payment in installments of ad valorem taxes on
1-9 certain property located in a disaster area.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Chapter 31, Tax Code, is amended by adding
1-12 Section 31.032 to read as follows:
1-13 Sec. 31.032. INSTALLMENT PAYMENTS OF TAXES ON PROPERTY IN
1-14 DISASTER AREA. (a) This section applies only to:
1-15 (1) real property that:
1-16 (A) is the residence homestead of the owner or
1-17 consists of property that is used for residential purposes and that
1-18 has fewer than five living units;
1-19 (B) is located in a disaster area; and
1-20 (C) has been damaged as a direct result of the
1-21 disaster; and
1-22 (2) taxes that are imposed on the property by a taxing
1-23 unit before the first anniversary of the disaster.
1-24 (b) If, before the delinquency date, a person pays at least
1-25 one-fourth of a taxing unit's taxes imposed on property that the
1-26 person owns, accompanied by notice to the taxing unit that the
1-27 person will pay the remaining taxes in installments, the person may
1-28 pay the remaining taxes without penalty or interest in three equal
1-29 installments. The first installment must be paid before April 1,
1-30 the second installment before June 1, and the third installment
1-31 before August 1.
1-32 (c) If the person fails to make a payment before the
1-33 applicable date provided by Subsection (b), the unpaid amount is
1-34 delinquent and incurs a penalty of 12 percent and interest as
1-35 provided by Section 33.01(c).
1-36 (d) A person may pay more than the amount due for each
1-37 installment and the amount in excess of the amount due shall be
1-38 credited to the next installment. A person may not pay less than
1-39 the total amount due for each installment unless the collector
1-40 provides for the acceptance of partial payments under this section.
1-41 If the collector accepts a partial payment, penalties and interest
1-42 are incurred only by the amount of each installment that remains
1-43 unpaid on the applicable date provided by Subsection (b).
1-44 (e) If the delinquency date for taxes to which this section
1-45 applies is postponed to May 1 or a later date, the collector shall
1-46 extend each installment deadline provided by Subsection (b) by the
1-47 number of months that the delinquency date was postponed. The
1-48 collector may not extend the third installment deadline beyond
1-49 December 31.
1-50 (f) The comptroller shall adopt rules to implement this
1-51 section.
1-52 (g) In this section:
1-53 (1) "Disaster" has the meaning assigned by Section
1-54 418.004, Government Code.
1-55 (2) "Disaster area" has the meaning assigned by
1-56 Section 151.350.
1-57 SECTION 2. The importance of this legislation and the
1-58 crowded condition of the calendars in both houses create an
1-59 emergency and an imperative public necessity that the
1-60 constitutional rule requiring bills to be read on three several
1-61 days in each house be suspended, and this rule is hereby suspended,
1-62 and that this Act take effect and be in force from and after its
1-63 passage, and it is so enacted.
1-64 * * * * *