1-1        By:  Heflin (Senate Sponsor - Armbrister)       H.B. No. 2941
    1-2        (In the Senate - Received from the House May 15, 1995;
    1-3  May 18, 1995, read first time and referred to Committee on Finance;
    1-4  May 25, 1995, reported favorably, as amended, by the following
    1-5  vote:  Yeas 9, Nays 0; May 25, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                             By:  Moncrief
    1-7        Amend H.B. 2941 by striking all below the enacting clause and
    1-8  substituting the following:
    1-9        SECTION 1.  Section 1.07, Tax Code, is amended by adding
   1-10  Subsection (d) to read as follows:
   1-11        (d)  A notice required by Section 11.45, 23.44(d), 23.57(d),
   1-12  23.79(d), 23.85, or 23.95(e) shall be delivered by certified mail.
   1-13        SECTION 2.  Subchapter C, Chapter 6, Tax Code, is amended by
   1-14  adding Section 6.414 to read as follows:
   1-15        Sec. 6.414.  TRAINING.  (a)  The comptroller shall establish
   1-16  minimum standards for training all members of appraisal review
   1-17  boards.
   1-18        (b)  A person appointed as a member of an appraisal review
   1-19  board is required to attend and receive certification of
   1-20  participation in a local training program in the community where
   1-21  the member serves that is approved by the comptroller in accordance
   1-22  with rules adopted by the comptroller as a prerequisite to
   1-23  participation in hearings.
   1-24        SECTION 3.  Subchapter C, Chapter 6, Tax Code, is amended by
   1-25  adding Section 6.415 to read as follows:
   1-26        Sec. 6.415.  ELIGIBILITY OF FORMER OFFICERS AND DIRECTORS OF
   1-27  TAX ENTITIES IN COUNTIES OF MORE THAN 50,000 POPULATION.  Any
   1-28  person who has been an elected or appointed officer, director,
   1-29  employee in a tax collection office, or employee in a budgetary or
   1-30  fiscal planning office of a taxing unit or an appraisal district in
   1-31  a county of more than 50,000 population is not eligible to serve on
   1-32  an appraisal review board that reviews appraisals of property
   1-33  within such taxing entity or appraisal district.
   1-34        SECTION 4.  Subsection (h), Section 11.251, Tax Code, is
   1-35  amended to read as follows:
   1-36        (h)  The chief appraiser by written notice delivered to a
   1-37  property owner who claims an exemption under this section may
   1-38  require the property owner to provide copies of inventory or
   1-39  property records in order to determine the amount and value of
   1-40  freeport goods. If the property owner fails to deliver the
   1-41  information requested in the notice before approval of the
   1-42  appraisal records by the appraisal review board <the 31st day after
   1-43  the date the notice is delivered to the property owner>, the
   1-44  property owner forfeits the right to claim or receive the exemption
   1-45  for that year.
   1-46        SECTION 5.  Subchapter C, Chapter 11, Tax Code, is amended by
   1-47  adding Section 11.437 to read as follows:
   1-48        Sec. 11.437.  LATE APPLICATION FOR FREEPORT EXEMPTION.  (a)
   1-49  The chief appraiser shall accept and approve or deny an application
   1-50  for exemption under Section 11.251 of this code after the deadline
   1-51  for filing it has passed if it is filed before approval of the
   1-52  appraisal records by the appraisal review board.
   1-53        (b)  If an exemption under Section 11.251 of this code is
   1-54  approved when the application is filed late, the owner is liable
   1-55  for a penalty of 10 percent of the difference between the amount of
   1-56  tax imposed on the property and the amount that would be imposed if
   1-57  the property were taxed at market value.
   1-58        (c)  The chief appraiser shall make an entry on the appraisal
   1-59  records indicating the person's liability for the penalty and shall
   1-60  deliver written notice of imposition of the penalty, explaining the
   1-61  reason for its imposition, to the person.
   1-62        (d)  The tax assessor for a taxing unit that taxes property
   1-63  subject to exemption under Section 11.251 of this code after a late
   1-64  application shall add the amount of the penalty to the owner's tax
   1-65  bill, and the tax collector for the unit shall collect the penalty
   1-66  at the time and in the manner he collects the tax.  The amount of
   1-67  the penalty constitutes a lien against the property against which
   1-68  the penalty is imposed, as if it were a tax, and accrues penalty
    2-1  and interest in the same manner as a delinquent tax.
    2-2        SECTION 6.  Subsection (a), Section 22.23, Tax Code, is
    2-3  amended to read as follows:
    2-4        (a)  Rendition statements and property reports must be
    2-5  delivered to the chief appraiser after January 1 and not later than
    2-6  <before> April 15, except as provided by Section 22.02 of this
    2-7  code.
    2-8        SECTION 7.  Subsection (f), Section 23.55, Tax Code, is
    2-9  amended to read as follows:
   2-10        (f)  The sanctions provided by Subsection (a) of this section
   2-11  do not apply if the change of use occurs as a result of the
   2-12  transfer by sale, gift, or otherwise, <a sale> for right-of-way or
   2-13  other public purpose, or a condemnation.
   2-14        SECTION 8.  Subsections (a) and (c), Section 33.01, Tax Code,
   2-15  are amended to read as follows:
   2-16        (a)  A delinquent tax incurs a penalty of six percent of the
   2-17  amount of the tax for the first calendar month it is delinquent
   2-18  plus one percent for each additional month or portion of a month
   2-19  the tax remains unpaid prior to July 1 of the year in which it
   2-20  becomes delinquent.  However, a tax delinquent on July 1 incurs a
   2-21  total penalty of twelve percent of the amount of the delinquent tax
   2-22  without regard to the number of months the tax has been delinquent.
   2-23  A delinquent tax continues to incur the penalty provided by this
   2-24  subsection as long as the tax remains unpaid, regardless of whether
   2-25  a judgment for the delinquent tax has been rendered.
   2-26        (c)  A delinquent tax accrues interest at a rate of one
   2-27  percent for each month or portion of a month the tax remains
   2-28  unpaid. Interest payable under this section is to compensate the
   2-29  taxing unit for revenue lost because of the delinquency.  A
   2-30  delinquent tax continues to accrue interest under this subsection
   2-31  as long as the tax remains unpaid, regardless of whether a judgment
   2-32  for the delinquent tax has been rendered.
   2-33        SECTION 9.  Section 33.07(a), Tax Code, is amended to read as
   2-34  follows:
   2-35        (a)  A taxing unit or appraisal district may provide, in the
   2-36  manner required by law for official action by the body, that taxes
   2-37  that remain delinquent on July 1 of the year in which they become
   2-38  delinquent incur an additional penalty to defray costs of
   2-39  collection, if the unit or district or another unit that collects
   2-40  taxes for the unit has contracted with an attorney pursuant to
   2-41  Section 6.30 of this code.  The amount of the penalty may not
   2-42  exceed 15 percent of the amount of taxes, penalty, and interest
   2-43  due.  A delinquent tax incurs the penalty provided by this
   2-44  subsection regardless of whether a judgment for the delinquent tax
   2-45  has been rendered.
   2-46        SECTION 10.  Section 4, Article 1.05, Title 79, Revised
   2-47  Statutes (Article 5069-1.05, Vernon's Texas Civil Statutes), is
   2-48  amended to read as follows:
   2-49        Sec. 4.  This article does not apply to a judgment:
   2-50              (1)  in favor of a taxing unit in a suit to collect a
   2-51  delinquent tax under Subchapter C, Chapter 33, Tax Code; or
   2-52              (2)  that earns interest that is set by Title 2, Tax
   2-53  Code.
   2-54        SECTION 11.  Section 33.41, Tax Code, is amended by adding
   2-55  Subsection (d) to read as follows:
   2-56        (d)  A suit brought under Subsection (a) against the personal
   2-57  representative of an estate who is acting under the control and
   2-58  supervision of a probate court need not be filed in that probate
   2-59  court, but may instead be brought in a court of competent
   2-60  jurisdiction of the county in which the tax was imposed.  All
   2-61  provisions relative to the presentment of a claim against an estate
   2-62  as a prerequisite for judgment shall not be construed as to apply
   2-63  to any claim for delinquent taxes owing to a taxing unit.
   2-64        SECTION 12.  Subsection (c), Section 33.47, Tax Code, is
   2-65  amended to read as follows:
   2-66        (c)  In a suit to collect a tax, a tax receipt issued under
   2-67  Section 31.075 of this code, or an electronic replica of the
   2-68  receipt, that states that a tax has been paid is <constitutes>
   2-69  prima facie evidence that the tax has been paid as stated by the
   2-70  receipt or electronic replica.
    3-1        SECTION 13.  Section 33.51, Tax Code, is amended to read as
    3-2  follows:
    3-3        Sec. 33.51.  Writ of Possession.  If the court orders the
    3-4  foreclosure of a tax lien and the sale of real property, the
    3-5  judgment shall provide for the issuance by the clerk of said court
    3-6  of a writ of possession to the purchaser at the sale or to the
    3-7  purchaser's <his> assigns no sooner than 20 days following the date
    3-8  on which the purchaser's deed from the sheriff or constable is
    3-9  filed of record <within 20 days after the period of redemption
   3-10  expires>.
   3-11        SECTION 14.  Section 33.52, Tax Code, is amended to read as
   3-12  follows:
   3-13        Sec. 33.52.  Judgment for Current Taxes.  (a)  If the court
   3-14  orders the foreclosure of a tax lien and the sale of real property,
   3-15  the judgment shall, on motion of the taxing unit, order that the
   3-16  taxing unit recover from the proceeds of the sale the amount of tax
   3-17  on the property for the current tax year <prorated to the day of
   3-18  judgment>.
   3-19        (b)  If the amount of tax for the current tax year has not
   3-20  been determined on the date of judgment, the court shall, on motion
   3-21  of the taxing unit, order recovery of the amount of tax imposed on
   3-22  the property for the preceding tax year<, prorated to the date of
   3-23  judgment>.
   3-24        (c)  If the judgment does not provide for recovery of taxes
   3-25  imposed for the current tax year, or for recovery of estimated
   3-26  taxes that cannot then be calculated for the current year, the real
   3-27  property is subject to the taxes for the current tax year and to
   3-28  the lien that secures those taxes, and any subsequent purchaser
   3-29  takes the property subject to those taxes and the tax lien.
   3-30        SECTION 15.  Subsection (a), Section 34.05, Tax Code, is
   3-31  amended to read as follows:
   3-32        (a)  If property is sold to a taxing unit that is a party to
   3-33  the judgment, the taxing unit may sell the property at any time,
   3-34  subject to any right of redemption existing at the time of the
   3-35  sale.  In selling the property, the taxing unit may, but is not
   3-36  required to, use the procedures provided by Section 272.001, Local
   3-37  Government Code.
   3-38        SECTION 16.  Section 34.21, Tax Code, is amended to read as
   3-39  follows:
   3-40        Sec. 34.21.  Right of Redemption.  (a)  The owner of real
   3-41  property sold at a tax sale to a purchaser other than a taxing unit
   3-42  and that was the residence homestead of the owner or that was land
   3-43  designated for agricultural use when the suit to collect the tax
   3-44  was filed may redeem the property within two years after the date
   3-45  on which the purchaser's deed is filed for record by paying the
   3-46  purchaser the amount the purchaser bid for the property, the amount
   3-47  of the deed recording fee, and the amount paid by the purchaser as
   3-48  taxes, penalties, interest, and costs on the property, plus a
   3-49  redemption premium of 25 percent of the aggregate total if the
   3-50  property is redeemed during the first year of the redemption period
   3-51  or 50 percent of the aggregate total if the property is redeemed
   3-52  during the second year of the redemption period.
   3-53        (b)  If property that was the owner's residence homestead or
   3-54  was land designated for agricultural use when the suit to collect
   3-55  the tax was filed is bid off to a taxing unit under Section
   3-56  34.01(c) and has not been resold by the taxing unit, the owner
   3-57  having a right of redemption may redeem the property within two
   3-58  years after the date on which the deed or the taxing unit is filed
   3-59  for record by paying the taxing unit the amount of the judgment
   3-60  against the property or the market value of the property as
   3-61  specified in that judgment, whichever is less, plus the amount of
   3-62  the fee for filing the taxing unit's deed and the amount expended
   3-63  by the taxing unit as costs on the property.
   3-64        (c)  If real property that was the owner's residence
   3-65  homestead or was land designated for agricultural use when the suit
   3-66  to collect the tax was filed has been resold by the taxing unit
   3-67  under Section 34.05, the owner of the property having a right of
   3-68  redemption may redeem the property within two years after the date
   3-69  on which the taxing unit files for record the deed from the sheriff
   3-70  or constable by paying the person who purchased the property from
    4-1  the taxing unit the amount the purchaser paid for the property, the
    4-2  amount of fee for filing the purchaser's deed for record, the
    4-3  amount paid by the purchaser as taxes, penalties, interest, and
    4-4  costs on the property, plus a redemption premium of 25 percent of
    4-5  the aggregate total if the property is redeemed in the first year
    4-6  of the redemption period or 50 percent of the aggregate total if
    4-7  the property is redeemed in the second year of the redemption
    4-8  period.
    4-9        (d) <(b)>  The owner of real property sold at a tax sale
   4-10  other than property that was the residence homestead of the owner
   4-11  or that was land designated for agricultural use when the suit to
   4-12  collect the tax was filed <covered by Subsection (a)> may redeem
   4-13  the property <within> in the same manner and by paying the same
   4-14  amounts as prescribed by Subsection (a), (b), or (c), as
   4-15  applicable, except that:
   4-16              (1)  the owner's right of redemption expires after six
   4-17  months following <after> the date on which the purchaser's or
   4-18  taxing unit's deed is filed for record; and
   4-19              (2)  the redemption premium payable by the owner to a
   4-20  purchaser other than a taxing unit shall not exceed 25 percent  <by
   4-21  paying the purchaser the amount the purchaser bid for the property,
   4-22  the amount of the deed recording fee, and the amount paid by the
   4-23  purchaser as taxes, penalties, interest, and costs on the property,
   4-24  plus 25 percent of the aggregate total>.
   4-25        (e) <(c)>  If the owner of the real property makes an
   4-26  affidavit that the owner <he> has made diligent search in the
   4-27  county in which the property is located for the purchaser at the
   4-28  tax sale or for the purchaser at resale, and has failed to find
   4-29  that purchaser <him>, that the purchaser <at the sale> is not a
   4-30  resident of the county in which the property is located, that the
   4-31  owner <he> and the purchaser cannot agree on the amount of
   4-32  redemption money due, or that the purchaser refuses to give the
   4-33  owner <him> a quitclaim deed to the property, the owner may redeem
   4-34  the property by paying the required amount as prescribed by this
   4-35  section <Subsection (a) or (b), as applicable,> to the
   4-36  assessor-collector for the county in which the property is located.
   4-37  The assessor-collector receiving the payment shall give the owner a
   4-38  signed receipt witnessed by two persons.  The receipt, when
   4-39  recorded, is notice to all persons that the property described has
   4-40  been redeemed.  The assessor-collector shall on demand pay the
   4-41  money received by the assessor-collector <him> to the purchaser <at
   4-42  the tax sale>.
   4-43        (f) <(d)>  The right of redemption does not grant or reserve
   4-44  in the former owner of the real property the right to the use or
   4-45  possession of the property, or to receive rents, income, or other
   4-46  benefits from the property while the right of redemption exists.
   4-47        (g) <(e)>  In this section, "residence homestead" has the
   4-48  meaning assigned by Section 11.13.
   4-49        (h) <(f)>  In this section, "agricultural use" has the
   4-50  meaning assigned by Section 23.51.
   4-51        (i)  In this section, "costs" is defined to include all those
   4-52  amounts reasonably expended by a purchaser or taxing unit in the
   4-53  maintenance, preservation, and safekeeping of the property,
   4-54  including but not limited to:
   4-55              (1)  insurance against fire, flood, and other hazards;
   4-56              (2)  repairs and improvements required by local
   4-57  ordinance, building code, or by the terms of any existing lease of
   4-58  the property, whether written or oral;
   4-59              (3)  discharge of mowing, cleaning, or demolition liens
   4-60  against the property which secure expenses incurred by a
   4-61  municipality;
   4-62              (4)  dues, assessments for maintenance, or liens
   4-63  provided by recorded restrictive covenants affecting the property
   4-64  and payable to a property owners' association; and
   4-65              (5)  standby fees payable to a water district, fresh
   4-66  water supply district, or other municipality as authorized by law.
   4-67        SECTION 17.  Section 34.23, Tax Code, is amended to read as
   4-68  follows:
   4-69        Sec. 34.23.  Distribution of Redemption Proceeds.  <(a)>  If
   4-70  the owner of property sold for taxes to a taxing unit redeems the
    5-1  property before the property is resold, the taxing unit shall
    5-2  distribute the redemption proceeds in the manner that proceeds of
    5-3  the resale of property are distributed.
    5-4        <(b)  If the owner of property sold for taxes redeems the
    5-5  property from the taxing unit after the property has been resold,
    5-6  the taxing unit shall pay the purchaser at the resale the amount he
    5-7  paid for the property, plus 25 percent of that amount if the
    5-8  redemption occurs within one year after the date the property is
    5-9  resold or 50 percent of that amount if the redemption occurs more
   5-10  than one year after the date the property is resold.  The taxing
   5-11  unit shall distribute the redemption proceeds remaining after
   5-12  payment of the amount due the purchaser at resale to the taxing
   5-13  units adjudged to have tax liens against the property in the
   5-14  proportion the amount of each unit's lien bears to the total amount
   5-15  of all liens established in the foreclosure suit.>
   5-16        SECTION 18.  Section 41.01, Tax Code, is amended to read as
   5-17  follows:
   5-18        Sec. 41.01.  Duties of Appraisal Review Board.  (a)  The
   5-19  appraisal review board shall have the authority to:
   5-20              (1)  determine protests initiated by property owners;
   5-21              (2)  determine challenges initiated by taxing units;
   5-22              (3)  correct clerical errors in the appraisal records
   5-23  and the appraisal rolls;
   5-24              (4)  act on motions to correct appraisal rolls under
   5-25  Section 25.25;
   5-26              (5)  determine whether an exemption or a partial
   5-27  exemption is improperly granted and whether land is improperly
   5-28  granted appraisal as provided by Subchapter C, D, or E, Chapter 23;
   5-29  and
   5-30              (6)  take any other action or make any other
   5-31  recommendation <determination> that this title specifically
   5-32  authorizes or requires.
   5-33        (b)  The appraisal review board may not engage in any
   5-34  activity or make any determination not specifically authorized by
   5-35  this code.  No other authority is granted or implied.
   5-36        SECTION 19.  Section 41.44, Tax Code, is amended by adding
   5-37  Subsection (e) to read as follows:
   5-38        (e)  The appraisal review board shall accept and consider a
   5-39  protest filed by an agent of a property owner if an agency
   5-40  authorization is filed at or before the hearing on the protest.
   5-41        SECTION 20.  Section 41.45, Tax Code, is amended by amending
   5-42  Subsections (b), (d), and (e) and adding Subsection (g) to read as
   5-43  follows:
   5-44        (b)  The property owner initiating the protest is entitled to
   5-45  an opportunity to appear to offer evidence or argument.  The
   5-46  property owner may offer his evidence or argument by affidavit
   5-47  without personally appearing if he attests to the affidavit before
   5-48  an officer authorized to administer oaths and submits the affidavit
   5-49  to the board hearing the protest before it begins the hearing on
   5-50  the protest.  On receipt of an affidavit, the board shall notify
   5-51  the chief appraiser.  The chief appraiser may inspect the affidavit
   5-52  and is entitled to a copy on request.  An affidavit shall identify
   5-53  the protesting property owner, the property that is the subject of
   5-54  the protest, and a statement by the owner on a determination of the
   5-55  appraisal district relevant to the property that is the subject of
   5-56  the protest.  The comptroller shall prescribe a standard form for
   5-57  an affidavit that requires the property owner to provide this
   5-58  information.  Appraisal districts shall make copies of the form
   5-59  available to property owners.
   5-60        (d)  An appraisal review board consisting of more than three
   5-61  members may sit in panels of not fewer than three members to
   5-62  conduct protest hearings.  However, the determination of a protest
   5-63  heard by a panel must be made by the board.  If the determination
   5-64  of a panel is not accepted by the board, the board may refer the
   5-65  matter for rehearing to a panel composed of members who did not
   5-66  hear the original hearing or, if there are not at least three
   5-67  members who did not hear the original protest, the board may
   5-68  determine the protest.  Before determining a protest or conducting
   5-69  a rehearing before a new panel or the board, the board shall
   5-70  deliver notice of the hearing or meeting to determine the protest
    6-1  in accordance with the provisions of this subchapter.
    6-2        (e)  The board shall postpone the hearing to a later date if:
    6-3              (1)  the property owner or the owner's agent shows good
    6-4  cause for the postponement;
    6-5              (2)  the property owner or the owner's agent provides a
    6-6  copy of a notice for a hearing addressed to the property owner or
    6-7  to the individual representing the property owner set by another
    6-8  appraisal district for the same date and bearing a postmark earlier
    6-9  than the date on which the appraisal review board delivered its
   6-10  notice of the hearing; or
   6-11              (3)  <if> the chief appraiser consents to the
   6-12  postponement.  The hearing may not be postponed to a date less than
   6-13  five or more than 15 days after the date scheduled for the original
   6-14  hearing unless the date and time of the hearing as postponed are
   6-15  agreed to by the appraisal review board, the property owner, and
   6-16  the chief appraiser.  Postponement under this subsection does not
   6-17  require the delivery of additional written notice to the property
   6-18  owner.
   6-19        (g)  Prior to or immediately upon opening a hearing on a
   6-20  protest, the chief appraiser and the property owner or the owner's
   6-21  agent shall exchange copies of all written materials that will be
   6-22  provided to the appraisal review board during the hearing.
   6-23        SECTION 21.  Subchapter C, Chapter 41, Tax Code, is amended
   6-24  by adding Section 41.48 to read as follows:
   6-25        Sec. 41.48.  SETTLEMENT AGREEMENTS.  The chief appraiser
   6-26  shall change the appraisal records or the appraisal roll to reflect
   6-27  any agreement between the property owner or the owner's agent and
   6-28  the chief appraiser that is final pursuant to Section 1.111(e) of
   6-29  this code.  A property owner or the owner's agent may file suit in
   6-30  a court having jurisdiction to compel the chief appraiser to comply
   6-31  with this section.
   6-32        SECTION 22.  Subsection (c), Section 41.61, Tax Code, is
   6-33  amended to read as follows:
   6-34        (c)  An appraisal review board may not issue a subpoena under
   6-35  this section unless the board holds a hearing at which the board
   6-36  determines that good cause exists for the issuance of the subpoena.
   6-37  The appraisal review board before which a good cause hearing is
   6-38  scheduled shall deliver written notice to the party being
   6-39  subpoenaed and parties to the protest of the date, time, and place
   6-40  of the hearing.  The board shall deliver the notice not later than
   6-41  the 5th day before the date of the good cause hearing.  The party
   6-42  being subpoenaed must have an opportunity to be heard at the good
   6-43  cause hearing.
   6-44        SECTION 23.  Subsections (b), (c), (d), and (e), Section
   6-45  42.06, Tax Code, are amended to read as follows:
   6-46        (b)  <The owner of an item of property having an appraised
   6-47  value in excess of $1 million who appeals an order of the appraisal
   6-48  review board or comptroller under this chapter must file a written
   6-49  notice of appeal not later than the 15th day after the date the
   6-50  owner receives the notice required by Section 41.47 or the order of
   6-51  the comptroller, as applicable.  A property owner who fails to
   6-52  comply with this subsection does not forfeit the right to appeal,
   6-53  but is liable for a penalty to each taxing unit in which the
   6-54  property is taxable in an amount equal to five percent of the taxes
   6-55  finally determined to be due on the property.  For purposes of this
   6-56  subsection, the appraised value of the property is its appraised
   6-57  value for the current year according to the certified appraisal
   6-58  roll or the determination of the comptroller, as applicable, as
   6-59  modified by order of the appraisal review board or comptroller
   6-60  pursuant to a protest.>
   6-61        <(c)>  A party other than a chief appraiser or property owner
   6-62  who appeals an order of an appraisal review board shall file the
   6-63  notice with the chief appraiser of the appraisal district for which
   6-64  the appraisal review board is established.  A chief appraiser who
   6-65  appeals an order of an appraisal review board shall file the notice
   6-66  with the appraisal review board.  A party who appeals an order of
   6-67  the comptroller shall file the notice with the comptroller.
   6-68        (c) <(d)>  If the chief appraiser, a taxing unit, or a county
   6-69  appeals, the chief appraiser, if the appeal is of an order of the
   6-70  appraisal review board, or the comptroller, if the appeal is of an
    7-1  order of the comptroller, shall deliver a copy of the notice to the
    7-2  property owner whose property is involved in the appeal within 10
    7-3  days after the date the notice is filed.
    7-4        (d) <(e)>  On the filing of a notice of appeal, the chief
    7-5  appraiser shall indicate where appropriate those entries on the
    7-6  appraisal records that are subject to the appeal.
    7-7        SECTION 24.  Section 6.035, Tax Code, is amended by adding
    7-8  Subsection (e) to read as follows:
    7-9        (e)  An individual who has served as a chief appraiser may
   7-10  not represent a property owner before the appraisal review board
   7-11  for the county in which that individual served as chief appraiser
   7-12  in a protest or other proceeding related to an appraisal record or
   7-13  appraisal roll created during that individual's service as chief
   7-14  appraiser.
   7-15        SECTION 25.  Section 6.03(a), Tax Code, is amended to read as
   7-16  follows:
   7-17        (a)  The appraisal district is governed by a board of five
   7-18  directors.  To be eligible to serve on the board of directors, an
   7-19  individual must be a resident of the district and must have resided
   7-20  in the district for at least two years immediately preceding the
   7-21  date the individual takes office.  <To be eligible to serve on the
   7-22  board of an appraisal district established for a county having a
   7-23  population of at least 200,000 bordering a county having a
   7-24  population of at least 2,000,000 and the Gulf of Mexico, an
   7-25  individual must be a member of the governing body or an elected
   7-26  officer of a taxing unit entitled to vote on the appointment of
   7-27  board members under this section.  However, an employee of a taxing
   7-28  unit that participates in the district is not eligible to serve on
   7-29  the board unless the individual is also a member of the governing
   7-30  body or an elected official of a taxing unit that participates in
   7-31  the district.>
   7-32        SECTION 26.  Effective January 1, 1996, Section 11.23(i), Tax
   7-33  Code, is amended to read as follows:
   7-34        (i)  Community Service Clubs.  An association that qualifies
   7-35  as a community service club is entitled to an exemption from
   7-36  taxation of the tangible property the club owns that qualifies
   7-37  under Article VIII, Section 2, of the constitution and that is not
   7-38  used for profit or held for gain.  To qualify as a community
   7-39  service club for the purposes of this subsection, an association
   7-40  must:
   7-41              (1)  be organized to promote and must engage primarily
   7-42  in promoting:
   7-43                    (A)  the religious, educational, and physical
   7-44  development of boys, girls, young men, or young women;
   7-45                    (B)  the development of the concepts of
   7-46  patriotism and love of country; or <and>
   7-47                    (C)  the development of interest in community,
   7-48  national, and international affairs;
   7-49              (2)  be affiliated with a state or national
   7-50  organization of similar purpose;
   7-51              (3)  be open to membership without regard to race,
   7-52  religion, or national origin; and
   7-53              (4)  be operated in a way that does not result in
   7-54  accrual of distributable profits, realization of private gain
   7-55  resulting from payment of compensation in excess of a reasonable
   7-56  allowance for salary or other compensation for services rendered,
   7-57  or realization of any other form of private gain.
   7-58        SECTION 27.  The provisions of Section 2 and Section 3 of
   7-59  this Act apply to an appraisal review board member whose term
   7-60  begins on or after January 1, 1996.
   7-61        SECTION 28.  The importance of this legislation and the
   7-62  crowded condition of the calendars in both houses create an
   7-63  emergency and an imperative public necessity that the
   7-64  constitutional rule requiring bills to be read on three several
   7-65  days in each house be suspended, and this rule is hereby suspended.
   7-66  COMMITTEE AMENDMENT NO. 2                            By:  Zaffirini
   7-67        Amend C.S.H.B. 2941 as follows:
   7-68        Strike SECTION 25 of the bill and substitute the following:
   7-69        SECTION 25.  Section 6.03(a), Tax Code, is amended to read as
   7-70  follows:
    8-1        (a)  The appraisal district is governed by a board of five
    8-2  directors.  To be eligible to serve on the board of directors, an
    8-3  individual must be a resident of the district and must have resided
    8-4  in the district for at least two years immediately preceding the
    8-5  date the individual takes office. To be eligible to serve on the
    8-6  board of an appraisal district established for a county having a
    8-7  population of at least 100,000 but not more than 200,000 bordering
    8-8  the United Mexican States <a county having a population of at least
    8-9  2,000,000 and the Gulf of Mexico>, an individual must be a member
   8-10  of the governing body or an elected officer of a taxing unit
   8-11  entitled to vote on the appointment of board members under this
   8-12  section.  <However, an employee of a taxing unit that participates
   8-13  in the district is not eligible to serve on the board unless the
   8-14  individual is also a member of the governing body or an elected
   8-15  official of a taxing unit that participates in the district.>
   8-16                         A BILL TO BE ENTITLED
   8-17                                AN ACT
   8-18  relating to the appraisal of property for tax purposes, the
   8-19  assessment and administration of property taxes, and the disclosure
   8-20  of property tax liabilities.
   8-21        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   8-22        SECTION 29.  Section 1.07, Tax Code, is amended by adding
   8-23  Subsection (d) to read as follows:
   8-24        (d)  A notice required by Section 11.45, 23.44(d), 23.57(d),
   8-25  23.79(d), 23.85, or 23.95(e) shall be delivered by certified mail.
   8-26        SECTION 30.  Subchapter C, Chapter 6, Tax Code, is amended by
   8-27  adding Section 6.414 to read as follows:
   8-28        Sec. 6.414.  TRAINING.  (a)  The comptroller shall establish
   8-29  minimum standards for training all members of appraisal review
   8-30  boards.
   8-31        (b)  A person appointed as a member of an appraisal review
   8-32  board is required to attend and receive certification of
   8-33  participation in a local training program in the community where
   8-34  the member serves that is approved by the comptroller in accordance
   8-35  with rules adopted by the comptroller as a prerequisite to
   8-36  participation in hearings.
   8-37        SECTION 31.  Subchapter C, Chapter 6, Tax Code, is amended by
   8-38  adding Section 6.415 to read as follows:
   8-39        Sec. 6.415.  ELIGIBILITY OF FORMER OFFICERS AND DIRECTORS OF
   8-40  TAX ENTITIES IN COUNTIES OF MORE THAN 50,000 POPULATION.  Any
   8-41  person who has been an elected or appointed officer, director,
   8-42  employee in a tax collection office, or employee in a budgetary or
   8-43  fiscal planning office of a taxing unit or an appraisal district in
   8-44  a county of more than 50,000 population is not eligible to serve on
   8-45  an appraisal review board that reviews appraisals of property
   8-46  within such taxing entity or appraisal district.
   8-47        SECTION 32.  Subsection (h), Section 11.251, Tax Code, is
   8-48  amended to read as follows:
   8-49        (h)  The chief appraiser by written notice delivered to a
   8-50  property owner who claims an exemption under this section may
   8-51  require the property owner to provide copies of inventory or
   8-52  property records in order to determine the amount and value of
   8-53  freeport goods. If the property owner fails to deliver the
   8-54  information requested in the notice before approval of the
   8-55  appraisal records by the appraisal review board <the 31st day after
   8-56  the date the notice is delivered to the property owner>, the
   8-57  property owner forfeits the right to claim or receive the exemption
   8-58  for that year.
   8-59        SECTION 33.  Subchapter C, Chapter 11, Tax Code, is amended
   8-60  by adding Section 11.437 to read as follows:
   8-61        Sec. 11.437.  LATE APPLICATION FOR FREEPORT EXEMPTION.  (a)
   8-62  The chief appraiser shall accept and approve or deny an application
   8-63  for exemption under Section 11.251 of this code after the deadline
   8-64  for filing it has passed if it is filed before approval of the
   8-65  appraisal records by the appraisal review board.
   8-66        (b)  If an exemption under Section 11.251 of this code is
   8-67  approved when the application is filed late, the owner is liable
   8-68  for a penalty of 10 percent of the difference between the amount of
   8-69  tax imposed on the property and the amount that would be imposed if
   8-70  the property were taxed at market value.
    9-1        (c)  The chief appraiser shall make an entry on the appraisal
    9-2  records indicating the person's liability for the penalty and shall
    9-3  deliver written notice of imposition of the penalty, explaining the
    9-4  reason for its imposition, to the person.
    9-5        (d)  The tax assessor for a taxing unit that taxes property
    9-6  subject to exemption under Section 11.251 of this code after a late
    9-7  application shall add the amount of the penalty to the owner's tax
    9-8  bill, and the tax collector for the unit shall collect the penalty
    9-9  at the time and in the manner he collects the tax.  The amount of
   9-10  the penalty constitutes a lien against the property against which
   9-11  the penalty is imposed, as if it were a tax, and accrues penalty
   9-12  and interest in the same manner as a delinquent tax.
   9-13        SECTION 34.  Subsection (a), Section 22.23, Tax Code, is
   9-14  amended to read as follows:
   9-15        (a)  Rendition statements and property reports must be
   9-16  delivered to the chief appraiser after January 1 and not later than
   9-17  <before> April 15, except as provided by Section 22.02 of this
   9-18  code.
   9-19        SECTION 35.  Subsection (f), Section 23.55, Tax Code, is
   9-20  amended to read as follows:
   9-21        (f)  The sanctions provided by Subsection (a) of this section
   9-22  do not apply if the change of use occurs as a result of the
   9-23  transfer by sale, gift, or otherwise, <a sale> for right-of-way or
   9-24  other public purpose, or a condemnation.
   9-25        SECTION 36.  Subchapter D, Chapter 23, Tax Code, is amended
   9-26  by adding Section 23.551 to read as follows:
   9-27        Sec. 23.551.  CERTAIN VETERANS LAND EXEMPTED FROM SANCTIONS.
   9-28  (a)  The sanctions provided by Section 23.55(a) do not apply to:
   9-29              (1)  land owned by a disabled veteran or the unmarried
   9-30  surviving spouse of a disabled veteran and acquired by the veteran
   9-31  through the Veterans' Land Program at least 20 years before the
   9-32  date the change of use of the land occurs; or
   9-33              (2)  land purchased from a disabled veteran or from the
   9-34  unmarried surviving spouse of a disabled veteran that was acquired
   9-35  by the veteran through the Veterans' Land Program at least 20 years
   9-36  before the date the land was sold by the veteran or the veteran's
   9-37  spouse, while the land is owned exclusively by the purchaser.
   9-38        (b)  In this section, "disabled veteran" has the meaning
   9-39  assigned by Section 11.22(h).
   9-40        SECTION 37.  Subsections (a) and (c), Section 33.01, Tax
   9-41  Code, are amended to read as follows:
   9-42        (a)  A delinquent tax incurs a penalty of six percent of the
   9-43  amount of the tax for the first calendar month it is delinquent
   9-44  plus one percent for each additional month or portion of a month
   9-45  the tax remains unpaid prior to July 1 of the year in which it
   9-46  becomes delinquent.  However, a tax delinquent on July 1 incurs a
   9-47  total penalty of twelve percent of the amount of the delinquent tax
   9-48  without regard to the number of months the tax has been delinquent.
   9-49  A delinquent tax continues to incur the penalty provided by this
   9-50  subsection as long as the tax remains unpaid, regardless of whether
   9-51  a judgment for the delinquent tax has been rendered.
   9-52        (c)  A delinquent tax accrues interest at a rate of one
   9-53  percent for each month or portion of a month the tax remains
   9-54  unpaid. Interest payable under this section is to compensate the
   9-55  taxing unit for revenue lost because of the delinquency.  A
   9-56  delinquent tax continues to accrue interest under this subsection
   9-57  as long as the tax remains unpaid, regardless of whether a judgment
   9-58  for the delinquent tax has been rendered.
   9-59        SECTION 38.  Section 33.07(a), Tax Code, is amended to read
   9-60  as follows:
   9-61        (a)  A taxing unit or appraisal district may provide, in the
   9-62  manner required by law for official action by the body, that taxes
   9-63  that remain delinquent on July 1 of the year in which they become
   9-64  delinquent incur an additional penalty to defray costs of
   9-65  collection, if the unit or district or another unit that collects
   9-66  taxes for the unit has contracted with an attorney pursuant to
   9-67  Section 6.30 of this code.  The amount of the penalty may not
   9-68  exceed 15 percent of the amount of taxes, penalty, and interest
   9-69  due.  A delinquent tax incurs the penalty provided by this
   9-70  subsection regardless of whether a judgment for the delinquent tax
   10-1  has been rendered.
   10-2        SECTION 39.  Section 4, Article 1.05, Title 79, Revised
   10-3  Statutes (Article 5069-1.05, Vernon's Texas Civil Statutes), is
   10-4  amended to read as follows:
   10-5        Sec. 4.  This article does not apply to a judgment:
   10-6              (1)  in favor of a taxing unit in a suit to collect a
   10-7  delinquent tax under Subchapter C, Chapter 33, Tax Code; or
   10-8              (2)  that earns interest that is set by Title 2, Tax
   10-9  Code.
  10-10        SECTION 40.  Section 33.41, Tax Code, is amended by adding
  10-11  Subsection (d) to read as follows:
  10-12        (d)  A suit brought under Subsection (a) against the personal
  10-13  representative of an estate who is acting under the control and
  10-14  supervision of a probate court need not be filed in that probate
  10-15  court, but may instead be brought in a court of competent
  10-16  jurisdiction of the county in which the tax was imposed.  All
  10-17  provisions relative to the presentment of a claim against an estate
  10-18  as a prerequisite for judgment shall not be construed as to apply
  10-19  to any claim for delinquent taxes owing to a taxing unit.
  10-20        SECTION 41.  Subsection (c), Section 33.47, Tax Code, is
  10-21  amended to read as follows:
  10-22        (c)  In a suit to collect a tax, a tax receipt issued under
  10-23  Section 31.075 of this code, or an electronic replica of the
  10-24  receipt, that states that a tax has been paid is <constitutes>
  10-25  prima facie evidence that the tax has been paid as stated by the
  10-26  receipt or electronic replica.
  10-27        SECTION 42.  Section 33.51, Tax Code, is amended to read as
  10-28  follows:
  10-29        Sec. 33.51.  Writ of Possession.  If the court orders the
  10-30  foreclosure of a tax lien and the sale of real property, the
  10-31  judgment shall provide for the issuance by the clerk of said court
  10-32  of a writ of possession to the purchaser at the sale or to the
  10-33  purchaser's <his> assigns no sooner than 20 days following the date
  10-34  on which the purchaser's deed from the sheriff or constable is
  10-35  filed of record <within 20 days after the period of redemption
  10-36  expires>.
  10-37        SECTION 43.  Section 33.52, Tax Code, is amended to read as
  10-38  follows:
  10-39        Sec. 33.52.  Judgment for Current Taxes.  (a)  If the court
  10-40  orders the foreclosure of a tax lien and the sale of real property,
  10-41  the judgment shall, on motion of the taxing unit, order that the
  10-42  taxing unit recover from the proceeds of the sale the amount of tax
  10-43  on the property for the current tax year <prorated to the day of
  10-44  judgment>.
  10-45        (b)  If the amount of tax for the current tax year has not
  10-46  been determined on the date of judgment, the court shall, on motion
  10-47  of the taxing unit, order recovery of the amount of tax imposed on
  10-48  the property for the preceding tax year<, prorated to the date of
  10-49  judgment>.
  10-50        (c)  If the judgment does not provide for recovery of taxes
  10-51  imposed for the current tax year, or for recovery of estimated
  10-52  taxes that cannot then be calculated for the current year, the real
  10-53  property is subject to the taxes for the current tax year and to
  10-54  the lien that secures those taxes, and any subsequent purchaser
  10-55  takes the property subject to those taxes and the tax lien.
  10-56        SECTION 44.  Subsection (a), Section 34.05, Tax Code, is
  10-57  amended to read as follows:
  10-58        (a)  If property is sold to a taxing unit that is a party to
  10-59  the judgment, the taxing unit may sell the property at any time,
  10-60  subject to any right of redemption existing at the time of the
  10-61  sale.  In selling the property, the taxing unit may, but is not
  10-62  required to, use the procedures provided by Section 272.001, Local
  10-63  Government Code.
  10-64        SECTION 45.  Section 34.21, Tax Code, is amended to read as
  10-65  follows:
  10-66        Sec. 34.21.  Right of Redemption.  (a)  The owner of real
  10-67  property sold at a tax sale to a purchaser other than a taxing unit
  10-68  and that was the residence homestead of the owner or that was land
  10-69  designated for agricultural use when the suit to collect the tax
  10-70  was filed may redeem the property within two years after the date
   11-1  on which the purchaser's deed is filed for record by paying the
   11-2  purchaser the amount the purchaser bid for the property, the amount
   11-3  of the deed recording fee, and the amount paid by the purchaser as
   11-4  taxes, penalties, interest, and costs on the property, plus a
   11-5  redemption premium of 25 percent of the aggregate total if the
   11-6  property is redeemed during the first year of the redemption period
   11-7  or 50 percent of the aggregate total if the property is redeemed
   11-8  during the second year of the redemption period.
   11-9        (b)  If property that was the owner's residence homestead or
  11-10  was land designated for agricultural use when the suit to collect
  11-11  the tax was filed is bid off to a taxing unit under Section
  11-12  34.01(c) and has not been resold by the taxing unit, the owner
  11-13  having a right of redemption may redeem the property within two
  11-14  years after the date on which the deed or the taxing unit is filed
  11-15  for record by paying the taxing unit the amount of the judgment
  11-16  against the property or the market value of the property as
  11-17  specified in that judgment, whichever is less, plus the amount of
  11-18  the fee for filing the taxing unit's deed and the amount expended
  11-19  by the taxing unit as costs on the property.
  11-20        (c)  If real property that was the owner's residence
  11-21  homestead or was land designated for agricultural use when the suit
  11-22  to collect the tax was filed has been resold by the taxing unit
  11-23  under Section 34.05, the owner of the property having a right of
  11-24  redemption may redeem the property within two years after the date
  11-25  on which the taxing unit files for record the deed from the sheriff
  11-26  or constable by paying the person who purchased the property from
  11-27  the taxing unit the amount the purchaser paid for the property, the
  11-28  amount of fee for filing the purchaser's deed for record, the
  11-29  amount paid by the purchaser as taxes, penalties, interest, and
  11-30  costs on the property, plus a redemption premium of 25 percent of
  11-31  the aggregate total if the property is redeemed in the first year
  11-32  of the redemption period or 50 percent of the aggregate total if
  11-33  the property is redeemed in the second year of the redemption
  11-34  period.
  11-35        (d) <(b)>  The owner of real property sold at a tax sale
  11-36  other than property that was the residence homestead of the owner
  11-37  or that was land designated for agricultural use when the suit to
  11-38  collect the tax was filed <covered by Subsection (a)> may redeem
  11-39  the property <within> in the same manner and by paying the same
  11-40  amounts as prescribed by Subsection (a), (b), or (c), as
  11-41  applicable, except that:
  11-42              (1)  the owner's right of redemption expires after six
  11-43  months following <after> the date on which the purchaser's or
  11-44  taxing unit's deed is filed for record; and
  11-45              (2)  the redemption premium payable by the owner to a
  11-46  purchaser other than a taxing unit shall not exceed 25 percent  <by
  11-47  paying the purchaser the amount the purchaser bid for the property,
  11-48  the amount of the deed recording fee, and the amount paid by the
  11-49  purchaser as taxes, penalties, interest, and costs on the property,
  11-50  plus 25 percent of the aggregate total>.
  11-51        (e) <(c)>  If the owner of the real property makes an
  11-52  affidavit that the owner <he> has made diligent search in the
  11-53  county in which the property is located for the purchaser at the
  11-54  tax sale or for the purchaser at resale, and has failed to find
  11-55  that purchaser <him>, that the purchaser <at the sale> is not a
  11-56  resident of the county in which the property is located, that the
  11-57  owner <he> and the purchaser cannot agree on the amount of
  11-58  redemption money due, or that the purchaser refuses to give the
  11-59  owner <him> a quitclaim deed to the property, the owner may redeem
  11-60  the property by paying the required amount as prescribed by this
  11-61  section <Subsection (a) or (b), as applicable,> to the
  11-62  assessor-collector for the county in which the property is located.
  11-63  The assessor-collector receiving the payment shall give the owner a
  11-64  signed receipt witnessed by two persons.  The receipt, when
  11-65  recorded, is notice to all persons that the property described has
  11-66  been redeemed.  The assessor-collector shall on demand pay the
  11-67  money received by the assessor-collector <him> to the purchaser <at
  11-68  the tax sale>.
  11-69        (f) <(d)>  The right of redemption does not grant or reserve
  11-70  in the former owner of the real property the right to the use or
   12-1  possession of the property, or to receive rents, income, or other
   12-2  benefits from the property while the right of redemption exists.
   12-3        (g) <(e)>  In this section, "residence homestead" has the
   12-4  meaning assigned by Section 11.13.
   12-5        (h) <(f)>  In this section, "agricultural use" has the
   12-6  meaning assigned by Section 23.51.
   12-7        (i)  In this section, "costs" is defined to include all those
   12-8  amounts reasonably expended by a purchaser or taxing unit in the
   12-9  maintenance, preservation, and safekeeping of the property,
  12-10  including but not limited to:
  12-11              (1)  insurance against fire, flood, and other hazards;
  12-12              (2)  repairs and improvements required by local
  12-13  ordinance, building code, or by the terms of any existing lease of
  12-14  the property, whether written or oral;
  12-15              (3)  discharge of mowing, cleaning, or demolition liens
  12-16  against the property which secure expenses incurred by a
  12-17  municipality;
  12-18              (4)  dues, assessments for maintenance, or liens
  12-19  provided by recorded restrictive covenants affecting the property
  12-20  and payable to a property owners' association; and
  12-21              (5)  standby fees payable to a water district, fresh
  12-22  water supply district, or other municipality as authorized by law.
  12-23        SECTION 46.  Section 34.23, Tax Code, is amended to read as
  12-24  follows:
  12-25        Sec. 34.23.  Distribution of Redemption Proceeds.  <(a)>  If
  12-26  the owner of property sold for taxes to a taxing unit redeems the
  12-27  property before the property is resold, the taxing unit shall
  12-28  distribute the redemption proceeds in the manner that proceeds of
  12-29  the resale of property are distributed.
  12-30        <(b)  If the owner of property sold for taxes redeems the
  12-31  property from the taxing unit after the property has been resold,
  12-32  the taxing unit shall pay the purchaser at the resale the amount he
  12-33  paid for the property, plus 25 percent of that amount if the
  12-34  redemption occurs within one year after the date the property is
  12-35  resold or 50 percent of that amount if the redemption occurs more
  12-36  than one year after the date the property is resold.  The taxing
  12-37  unit shall distribute the redemption proceeds remaining after
  12-38  payment of the amount due the purchaser at resale to the taxing
  12-39  units adjudged to have tax liens against the property in the
  12-40  proportion the amount of each unit's lien bears to the total amount
  12-41  of all liens established in the foreclosure suit.>
  12-42        SECTION 47.  Section 41.01, Tax Code, is amended to read as
  12-43  follows:
  12-44        Sec. 41.01.  Duties of Appraisal Review Board.  (a)  The
  12-45  appraisal review board shall have the authority to:
  12-46              (1)  determine protests initiated by property owners;
  12-47              (2)  determine challenges initiated by taxing units;
  12-48              (3)  correct clerical errors in the appraisal records
  12-49  and the appraisal rolls;
  12-50              (4)  act on motions to correct appraisal rolls under
  12-51  Section 25.25;
  12-52              (5)  determine whether an exemption or a partial
  12-53  exemption is improperly granted and whether land is improperly
  12-54  granted appraisal as provided by Subchapter C, D, or E, Chapter 23;
  12-55  and
  12-56              (6)  take any other action or make any other
  12-57  recommendation <determination> that this title specifically
  12-58  authorizes or requires.
  12-59        (b)  The appraisal review board may not engage in any
  12-60  activity or make any determination not specifically authorized by
  12-61  this code.  No other authority is granted or implied.
  12-62        SECTION 48.  Section 41.44, Tax Code, is amended by adding
  12-63  Subsection (e) to read as follows:
  12-64        (e)  The appraisal review board shall accept and consider a
  12-65  protest filed by an agent of a property owner if an agency
  12-66  authorization is filed at or before the hearing on the protest.
  12-67        SECTION 49.  Section 41.45, Tax Code, is amended by amending
  12-68  Subsections (b), (d), and (e) and adding Subsection (g) to read as
  12-69  follows:
  12-70        (b)  The property owner initiating the protest is entitled to
   13-1  an opportunity to appear to offer evidence or argument.  The
   13-2  property owner may offer his evidence or argument by affidavit
   13-3  without personally appearing if he attests to the affidavit before
   13-4  an officer authorized to administer oaths and submits the affidavit
   13-5  to the board hearing the protest before it begins the hearing on
   13-6  the protest.  On receipt of an affidavit, the board shall notify
   13-7  the chief appraiser.  The chief appraiser may inspect the affidavit
   13-8  and is entitled to a copy on request.  An affidavit shall identify
   13-9  the protesting property owner, the property that is the subject of
  13-10  the protest, and a statement by the owner on a determination of the
  13-11  appraisal district relevant to the property that is the subject of
  13-12  the protest.  The comptroller shall prescribe a standard form for
  13-13  an affidavit that requires the property owner to provide this
  13-14  information.  Appraisal districts shall make copies of the form
  13-15  available to property owners.
  13-16        (d)  An appraisal review board consisting of more than three
  13-17  members may sit in panels of not fewer than three members to
  13-18  conduct protest hearings.  However, the determination of a protest
  13-19  heard by a panel must be made by the board.  If the determination
  13-20  of a panel is not accepted by the board, the board may refer the
  13-21  matter for rehearing to a panel composed of members who did not
  13-22  hear the original hearing or, if there are not at least three
  13-23  members who did not hear the original protest, the board may
  13-24  determine the protest.  Before determining a protest or conducting
  13-25  a rehearing before a new panel or the board, the board shall
  13-26  deliver notice of the hearing or meeting to determine the protest
  13-27  in accordance with the provisions of this subchapter.
  13-28        (e)  The board shall postpone the hearing to a later date if:
  13-29              (1)  the property owner or the owner's agent shows good
  13-30  cause for the postponement;
  13-31              (2)  the property owner or the owner's agent provides a
  13-32  copy of a notice for a hearing addressed to the property owner or
  13-33  to the individual representing the property owner set by another
  13-34  appraisal district for the same date and bearing a postmark earlier
  13-35  than the date on which the appraisal review board delivered its
  13-36  notice of the hearing; or
  13-37              (3)  <if> the chief appraiser consents to the
  13-38  postponement.  The hearing may not be postponed to a date less than
  13-39  five or more than 15 days after the date scheduled for the original
  13-40  hearing unless the date and time of the hearing as postponed are
  13-41  agreed to by the appraisal review board, the property owner, and
  13-42  the chief appraiser.  Postponement under this subsection does not
  13-43  require the delivery of additional written notice to the property
  13-44  owner.
  13-45        (g)  Prior to or immediately upon opening a hearing on a
  13-46  protest, the chief appraiser and the property owner or the owner's
  13-47  agent shall exchange copies of all written materials that will be
  13-48  provided to the appraisal review board during the hearing.
  13-49        SECTION 50.  Subchapter C, Chapter 41, Tax Code, is amended
  13-50  by adding Section 41.48 to read as follows:
  13-51        Sec. 41.48.  SETTLEMENT AGREEMENTS.  The chief appraiser
  13-52  shall change the appraisal records or the appraisal roll to reflect
  13-53  any agreement between the property owner or the owner's agent and
  13-54  the chief appraiser that is final pursuant to Section 1.111(e) of
  13-55  this code.  A property owner or the owner's agent may file suit in
  13-56  a court having jurisdiction to compel the chief appraiser to comply
  13-57  with this section.
  13-58        SECTION 51.  Subsection (c), Section 41.61, Tax Code, is
  13-59  amended to read as follows:
  13-60        (c)  An appraisal review board may not issue a subpoena under
  13-61  this section unless the board holds a hearing at which the board
  13-62  determines that good cause exists for the issuance of the subpoena.
  13-63  The appraisal review board before which a good cause hearing is
  13-64  scheduled shall deliver written notice to the party being
  13-65  subpoenaed and parties to the protest of the date, time, and place
  13-66  of the hearing.  The board shall deliver the notice not later than
  13-67  the 5th day before the date of the good cause hearing.  The party
  13-68  being subpoenaed must have an opportunity to be heard at the good
  13-69  cause hearing.
  13-70        SECTION 52.  Subsections (b), (c), (d), and (e), Section
   14-1  42.06, Tax Code, are amended to read as follows:
   14-2        (b)  <The owner of an item of property having an appraised
   14-3  value in excess of $1 million who appeals an order of the appraisal
   14-4  review board or comptroller under this chapter must file a written
   14-5  notice of appeal not later than the 15th day after the date the
   14-6  owner receives the notice required by Section 41.47 or the order of
   14-7  the comptroller, as applicable.  A property owner who fails to
   14-8  comply with this subsection does not forfeit the right to appeal,
   14-9  but is liable for a penalty to each taxing unit in which the
  14-10  property is taxable in an amount equal to five percent of the taxes
  14-11  finally determined to be due on the property.  For purposes of this
  14-12  subsection, the appraised value of the property is its appraised
  14-13  value for the current year according to the certified appraisal
  14-14  roll or the determination of the comptroller, as applicable, as
  14-15  modified by order of the appraisal review board or comptroller
  14-16  pursuant to a protest.>
  14-17        <(c)>  A party other than a chief appraiser or property owner
  14-18  who appeals an order of an appraisal review board shall file the
  14-19  notice with the chief appraiser of the appraisal district for which
  14-20  the appraisal review board is established.  A chief appraiser who
  14-21  appeals an order of an appraisal review board shall file the notice
  14-22  with the appraisal review board.  A party who appeals an order of
  14-23  the comptroller shall file the notice with the comptroller.
  14-24        (c) <(d)>  If the chief appraiser, a taxing unit, or a county
  14-25  appeals, the chief appraiser, if the appeal is of an order of the
  14-26  appraisal review board, or the comptroller, if the appeal is of an
  14-27  order of the comptroller, shall deliver a copy of the notice to the
  14-28  property owner whose property is involved in the appeal within 10
  14-29  days after the date the notice is filed.
  14-30        (d) <(e)>  On the filing of a notice of appeal, the chief
  14-31  appraiser shall indicate where appropriate those entries on the
  14-32  appraisal records that are subject to the appeal.
  14-33        SECTION 53.  Subsection (b), Section 42.43, Tax Code, is
  14-34  amended to read as follows:
  14-35        (b)  For a refund made under this section because an
  14-36  exemption under Section 11.20 that was denied by the chief
  14-37  appraiser or appraisal review board is granted, the taxing unit
  14-38  shall include with the refund interest on the amount refunded
  14-39  calculated at an annual rate that is equal to the auction average
  14-40  rate quoted on a bank discount basis for three-month treasury bills
  14-41  issued by the United States government, as published by the Federal
  14-42  Reserve Board, for the week in which the taxes became delinquent,
  14-43  but not more than 10 percent, calculated from the delinquency date
  14-44  for the taxes until the date the refund is made.  For any other
  14-45  refund made under this section, the taxing unit shall include with
  14-46  the refund interest on the amount refunded at an annual rate of
  14-47  <that is equal to the auction average rate quoted on a bank
  14-48  discount basis for three-month treasury bills issued by the United
  14-49  States government, as published by the Federal Reserve Board, for
  14-50  the week in which the taxes became delinquent, but not more than>
  14-51  eight percent, calculated from the delinquency date for the taxes
  14-52  until the date the refund is made.
  14-53        SECTION 54.  Section 6.035, Tax Code, is amended by adding
  14-54  Subsection (e) to read as follows:
  14-55        (e)  An individual who has served as a chief appraiser may
  14-56  not represent a property owner before the appraisal review board
  14-57  for the county in which that individual served as chief appraiser
  14-58  in a protest or other proceeding related to an appraisal record or
  14-59  appraisal roll created during that individual's service as chief
  14-60  appraiser.
  14-61        SECTION 55.  Subchapter A, Chapter 5, Property Code, is
  14-62  amended by adding Section 5.010 to read as follows:
  14-63        Sec. 5.010.  OWNER'S DISCLOSURE OF PROPERTY TAX INFORMATION.
  14-64  (a)  A person who is the owner of a fee simple interest in real
  14-65  property that, for the current tax year or any of the preceding
  14-66  five tax years, was appraised as agricultural or open-space land,
  14-67  timberland, recreational, park, or scenic-use land, or public
  14-68  access airport property and who contracts for the sale of that
  14-69  interest shall give to each party who is a purchaser a written
  14-70  notice that is signed by the owner and that is substantially in the
   15-1  following form:
   15-2                 OWNER'S DISCLOSURE OF TAX INFORMATION
   15-3        1.  Property description:____________________________________
   15-4  ___________________________________________________________________
   15-5  ___________________________________________________________________
   15-6        2.  Did the property, for the current tax year or any of the
   15-7  preceding five tax years, receive a total or partial exemption from
   15-8  ad valorem taxation?    Yes____ No____.  If yes, explain.  (Attach
   15-9  additional sheets if necessary.)___________________________________
  15-10  ___________________________________________________________________
  15-11  ___________________________________________________________________
  15-12  ___________________________________________________________________
  15-13  ___________________________________________________________________
  15-14        3.  Was the property, for the current tax year or any of the
  15-15  preceding five tax years, appraised as agricultural or open-space
  15-16  land, timberland, recreational, park, or scenic-use land, or public
  15-17  access airport property so that an additional tax may be imposed as
  15-18  a penalty if the property no longer qualifies to be appraised in
  15-19  that manner?    Yes____ No____.  If yes, explain.  (Attach
  15-20  additional sheets if necessary.)___________________________________
  15-21  ___________________________________________________________________
  15-22  ___________________________________________________________________
  15-23  ___________________________________________________________________
  15-24  ________________________                  _________________________
  15-25  Date                                       Signature of Owner
  15-26  The undersigned purchaser acknowledges receipt of this notice.
  15-27  ________________________                  _________________________
  15-28  Date                                       Signature of Purchaser
  15-29        (b)  This section does not apply to a contract for a
  15-30  transfer:
  15-31              (1)  under a court order or foreclosure sale;
  15-32              (2)  by a trustee in bankruptcy;
  15-33              (3)  to a mortgagee by a mortgagor or successor in
  15-34  interest or to a beneficiary of a deed of trust by a trustor or
  15-35  successor in interest;
  15-36              (4)  by a mortgagee or a beneficiary under a deed of
  15-37  trust who has acquired the property at a sale conducted under a
  15-38  power of sale under a deed of trust or a sale under a court-ordered
  15-39  foreclosure or has acquired the property by a deed in lieu of
  15-40  foreclosure;
  15-41              (5)  by a fiduciary in the course of the administration
  15-42  of a decedent's estate, guardianship, conservatorship, or trust; or
  15-43              (6)  to or from a governmental entity.
  15-44        (c)  The notice described by Subsection (a) is not required
  15-45  to be given to:
  15-46              (1)  a person who is a co-owner with an owner described
  15-47  by Subsection (a) of an undivided interest in the property; or
  15-48              (2)  the spouse or a person in the lineal line of
  15-49  consanguinity of an owner described by Subsection (a).
  15-50        (d)  The owner shall deliver the notice to the purchaser on
  15-51  or before the effective date of the contract binding the purchaser
  15-52  to purchase the property.
  15-53        (e)  An owner who enters into a contract to sell a fee simple
  15-54  interest in real property without disclosing as required by this
  15-55  section that the property, for the current tax year or any of the
  15-56  preceding five tax years, was appraised as agricultural or
  15-57  open-space land, timberland, recreational, park, or scenic-use
  15-58  land, or public access airport property is liable to the purchaser
  15-59  for any additional taxes, penalties, and interest imposed under
  15-60  Chapter 23, Tax Code, and paid by the purchaser.
  15-61        SECTION 56.  Section 6.03(a), Tax Code, is amended to read as
  15-62  follows:
  15-63        (a)  The appraisal district is governed by a board of five
  15-64  directors.  To be eligible to serve on the board of directors, an
  15-65  individual must be a resident of the district and must have resided
  15-66  in the district for at least two years immediately preceding the
  15-67  date the individual takes office.  <To be eligible to serve on the
  15-68  board of an appraisal district established for a county having a
  15-69  population of at least 200,000 bordering a county having a
  15-70  population of at least 2,000,000 and the Gulf of Mexico, an
   16-1  individual must be a member of the governing body or an elected
   16-2  officer of a taxing unit entitled to vote on the appointment of
   16-3  board members under this section.  However, an employee of a taxing
   16-4  unit that participates in the district is not eligible to serve on
   16-5  the board unless the individual is also a member of the governing
   16-6  body or an elected official of a taxing unit that participates in
   16-7  the district.>
   16-8        SECTION 57.  Effective January 1, 1996, Section 6.03(a), Tax
   16-9  Code, is amended to read as follows:
  16-10        (a)  The appraisal district is governed by a board of five
  16-11  directors.  To be eligible to serve on the board of directors, an
  16-12  individual must be a resident of the district and <must> have
  16-13  resided in the district for at least two years immediately
  16-14  preceding the date the individual takes office and may not owe
  16-15  delinquent taxes to any taxing unit served by the district.  In an
  16-16  appraisal district established for a county having a population of
  16-17  more than 50,000, an individual who has served for all or part of
  16-18  three previous terms on the board is ineligible to serve on the
  16-19  board.  In an appraisal district established for any other county,
  16-20  an individual who has served for all or part of two consecutive
  16-21  terms on the board is ineligible to serve on the board during a
  16-22  term that begins on the next January 1 following the second of
  16-23  those consecutive terms.  <To be eligible to serve on the board of
  16-24  an appraisal district established for a county having a population
  16-25  of at least 200,000 bordering a county having a population of at
  16-26  least 2,000,000 and the Gulf of Mexico, an individual must be a
  16-27  member of the governing body or an elected officer of a taxing unit
  16-28  entitled to vote on the appointment of board members under this
  16-29  section. However, an employee of a taxing unit that participates in
  16-30  the district is not eligible to serve on the board unless the
  16-31  individual is also a member of the governing body or an elected
  16-32  official of a taxing unit that participates in the district.>
  16-33        SECTION 58.  Effective January 1, 1996, Section 11.23(i), Tax
  16-34  Code, is amended to read as follows:
  16-35        (i)  Community Service Clubs.  An association that qualifies
  16-36  as a community service club is entitled to an exemption from
  16-37  taxation of the tangible property the club owns that qualifies
  16-38  under Article VIII, Section 2, of the constitution and that is not
  16-39  used for profit or held for gain.  To qualify as a community
  16-40  service club for the purposes of this subsection, an association
  16-41  must:
  16-42              (1)  be organized to promote and must engage primarily
  16-43  in promoting:
  16-44                    (A)  the religious, educational, and physical
  16-45  development of boys, girls, young men, or young women;
  16-46                    (B)  the development of the concepts of
  16-47  patriotism and love of country; or <and>
  16-48                    (C)  the development of interest in community,
  16-49  national, and international affairs;
  16-50              (2)  be affiliated with a state or national
  16-51  organization of similar purpose;
  16-52              (3)  be open to membership without regard to race,
  16-53  religion, or national origin; and
  16-54              (4)  be operated in a way that does not result in
  16-55  accrual of distributable profits, realization of private gain
  16-56  resulting from payment of compensation in excess of a reasonable
  16-57  allowance for salary or other compensation for services rendered,
  16-58  or realization of any other form of private gain.
  16-59        SECTION 59.  The provisions of Section 2 and Section 3 of
  16-60  this Act apply to an appraisal review board member whose term
  16-61  begins on or after January 1, 1996.
  16-62        SECTION 60.  The importance of this legislation and the
  16-63  crowded condition of the calendars in both houses create an
  16-64  emergency and an imperative public necessity that the
  16-65  constitutional rule requiring bills to be read on three several
  16-66  days in each house be suspended, and this rule is hereby suspended.
  16-67                               * * * * *