By:  Montford                                          S.B. No. 642
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the appraisal of property for ad valorem taxation and
    1-2  the assessment and collection of ad valorem taxes.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subsections (a), (b), and (e), Section 17.091,
    1-5  Civil Practice and Remedies Code, are amended to read as follows:
    1-6        (a)  In a suit growing out of property taxation by the state
    1-7  or a legal subdivision of the state in which a person who is a
    1-8  defendant is a nonresident, the secretary of state <comptroller> is
    1-9  an agent for service of process on that defendant if the defendant
   1-10  owned, had, or claimed a taxable interest in property in this state
   1-11  on the first day of a tax year for which taxes have not been paid.
   1-12        (b)  Process may be served on the secretary of state
   1-13  <comptroller> in accordance with this section for a nonresident who
   1-14  was a resident at the time the cause of action accrued but has
   1-15  subsequently moved.
   1-16        (e)  Service of process on the secretary of state
   1-17  <comptroller> under this section must be accompanied by the <a $25>
   1-18  fee provided by Section A(20), Article 10.01, Texas Business
   1-19  Corporation Act, for the maintenance by the secretary of state
   1-20  <comptroller> of a record of the service of process.  <The fee for
   1-21  the comptroller's certification of the service of process on the
   1-22  defendant or of any other matter related to the service of process
   1-23  is $10.>
   1-24        SECTION 2.  Subsection (d), Section 11.86, Education Code, is
    2-1  amended to read as follows:
    2-2        (d)  On request of the commissioner of education or a school
    2-3  district, the comptroller may <shall> audit a school district to
    2-4  determine the total taxable value of property in the school
    2-5  district, including the productivity values of land only if the
    2-6  land qualifies for appraisal on that basis and the owner of the
    2-7  land has applied for and received a productivity appraisal.  The
    2-8  comptroller shall certify the <its> findings of the audit to the
    2-9  commissioner.
   2-10        SECTION 3.  Subsection (i), Section 825.405, Government Code,
   2-11  is amended to read as follows:
   2-12        (i)  Not later than the seventh day after the final date the
   2-13  comptroller certifies to the commissioner of education changes to
   2-14  the property value study conducted under Section 11.86, Education
   2-15  Code, the <The> comptroller shall certify to the Teacher Retirement
   2-16  System of Texas <by June 7 of each year>:
   2-17              (1)  the effective tax rate for school district
   2-18  maintenance and operation revenues for each school district in the
   2-19  state for the immediately preceding tax year; and
   2-20              (2)  the statewide average effective tax rate for
   2-21  school district maintenance and operation revenues for the
   2-22  immediately preceding tax year.
   2-23        SECTION 4.  Section 23.53, Tax Code, is amended to read as
   2-24  follows:
   2-25        Sec. 23.53.  Capitalization Rate.  The capitalization rate to
   2-26  be used in determining the appraised value of qualified open-space
   2-27  land as provided by this subchapter is 10 percent or the interest
    3-1  rate specified by the Farm Credit Bank of Texas or its successor
    3-2  <Federal Land Bank of Houston> on December 31 of the preceding year
    3-3  plus 2 1/2 percentage points, whichever percentage is greater.
    3-4        SECTION 5.  Section 23.74, Tax Code, is amended to read as
    3-5  follows:
    3-6        Sec. 23.74.  Capitalization Rate.  The capitalization rate to
    3-7  be used in determining the appraised value of qualified timber land
    3-8  as provided by this subchapter is the interest rate specified by
    3-9  the Farm Credit Bank of Texas or its successor <Federal Land Bank
   3-10  of Houston> on December 31 of the preceding year plus 2 1/2
   3-11  percentage points.
   3-12        SECTION 6.  Subsection (j), Section 23.75, Tax Code, is
   3-13  amended to read as follows:
   3-14        (j)  If the chief appraiser discovers that appraisal under
   3-15  this subchapter has been erroneously allowed in any one of the five
   3-16  <10> preceding years because of failure of the person whose land
   3-17  was allowed appraisal under this subchapter to give notice that its
   3-18  eligibility had ended, the chief appraiser <he> shall add the
   3-19  difference between the appraised value of the land under this
   3-20  subchapter and the market value of the land to the appraisal roll
   3-21  as provided by Section 25.21 of this code for other property that
   3-22  escapes taxation.
   3-23        SECTION 7.  Subsection (e), Section 23.84, Tax Code, is
   3-24  amended to read as follows:
   3-25        (e)  If the chief appraiser discovers that appraisal under
   3-26  this subchapter has been erroneously allowed in any one of the five
   3-27  <10> preceding years, the chief appraiser <he> shall add the
    4-1  difference between the appraised value of the land under this
    4-2  subchapter and the market value of the land if it had not been
    4-3  restricted to recreational, park, or scenic uses to the appraisal
    4-4  roll as provided by Section 25.21 of this code for other property
    4-5  that escapes taxation.
    4-6        SECTION 8.  Subsection (e), Section 23.94, Tax Code, is
    4-7  amended to read as follows:
    4-8        (e)  If the chief appraiser discovers that appraisal under
    4-9  this subchapter has been erroneously allowed in any one of the five
   4-10  <10> preceding years, the chief appraiser <he> shall add the
   4-11  difference between the appraised value of the property under this
   4-12  subchapter and the value of the property if it had not been
   4-13  restricted to use as public access airport property to the
   4-14  appraisal roll as provided by Section 25.21 of this code for other
   4-15  property that escapes taxation.
   4-16        SECTION 9.  Section 25.06, Tax Code, is amended to read as
   4-17  follows:
   4-18        Sec. 25.06.  PROPERTY ENCUMBERED BY POSSESSORY OR SECURITY
   4-19  INTEREST.  Except as provided by Section <Sections> 25.07 <and
   4-20  25.15> of this code, property encumbered by a leasehold or other
   4-21  possessory interest or by a mortgage, deed of trust, or other
   4-22  interest securing payment or performance of an obligation shall be
   4-23  listed in the name of the owner of the property so encumbered.
   4-24        SECTION 10.  Subsection (b), Section 32.07, Tax Code, is
   4-25  amended to read as follows:
   4-26        (b)  The person in whose name a property is required to be
   4-27  listed by Section 25.13 <or 25.15> of this code is personally
    5-1  liable for the taxes imposed on the property.
    5-2        SECTION 11.  Section 31.015, Tax Code, is transferred to
    5-3  Section 33.011, Tax Code, as Subsections (b) through (g) of that
    5-4  section, and Section 33.011 is amended to read as follows:
    5-5        Sec. 33.011.  Waiver of Penalties and Interest.  (a)  The
    5-6  governing body of a taxing unit shall waive penalties and may
    5-7  provide for the waiver of interest on a delinquent tax if an act or
    5-8  omission of an officer, employee, or agent of the taxing unit or
    5-9  the appraisal district in which the taxing unit participates caused
   5-10  or resulted in the taxpayer's failure to pay the tax before
   5-11  delinquency and if the tax is paid within 21 days after the
   5-12  taxpayer knows or should know of the delinquency.  <A request for a
   5-13  waiver of penalties under this section must be made within six
   5-14  months of the delinquency date.>
   5-15        (b)  <Sec. 31.015.  CERTAIN TAX BILLS:  PENALTY AND INTEREST
   5-16  EXCLUDED.  (a)>  If a tax bill is returned undelivered to the
   5-17  taxing unit by the United States Postal Service, the governing body
   5-18  of the taxing unit shall waive penalties and interest <on the
   5-19  amount of the tax to which the bill applies shall be waived> if:
   5-20              (1)  the taxing unit does not send another tax bill on
   5-21  the property in question at least 21 days before the delinquency
   5-22  date to the current mailing address furnished by the taxpayer
   5-23  <property owner> and the taxpayer <property owner> establishes that
   5-24  a current mailing address was furnished to the appraisal district
   5-25  by the taxpayer <property owner> for the tax bill before September
   5-26  1 of the year in which the tax is assessed; or
   5-27              (2)  the tax bill was returned because of an act or
    6-1  omission of an officer, employee, or agent of the taxing unit or
    6-2  the appraisal district in which the taxing unit participates and
    6-3  the taxing unit or appraisal district did not send another tax bill
    6-4  on the property in question at least 21 days before the delinquency
    6-5  date to the proper mailing address.
    6-6        (c) <(b)>  For the purposes of this section, a taxpayer
    6-7  <property owner> is considered to have furnished a current mailing
    6-8  address to the taxing unit or to the appraisal district if the
    6-9  current address is expressly communicated to the appraisal district
   6-10  in writing or if the appraisal district received a copy of a
   6-11  recorded instrument transferring ownership of real property and the
   6-12  current mailing address of the new owner is included in the
   6-13  instrument or in accompanying communications or letters of
   6-14  transmittal.
   6-15        (d) <(c)>  A request for a waiver of penalties and interest
   6-16  under this section must be made before the 181st day after the
   6-17  delinquency date <within six months of the delinquency date>.
   6-18        (e) <(d)>  Penalties and interest do not accrue during the
   6-19  period that a bill is not sent under Section 31.01(f).
   6-20        (f) <(e)>  A taxpayer <property owner> is not entitled to
   6-21  relief under Subsection (b) of this section if the taxpayer
   6-22  <property owner> or the taxpayer's <owner's> agent furnished an
   6-23  incorrect mailing address to the appraisal district or the taxing
   6-24  unit or to an employee or agent of the district or unit.
   6-25        (g)  Taxes for which penalties and interest have been waived
   6-26  under Subsection (b) of this section must be paid within 21 days
   6-27  after <of> the taxpayer <property owner having> received a bill for
    7-1  those taxes at the current mailing address.
    7-2        SECTION 12.  The change in law made by Section 1 of this Act
    7-3  applies only to service of process in a suit filed on or after the
    7-4  effective date of this Act.  Service of process in a suit filed
    7-5  before the effective date of this Act is covered by the law in
    7-6  effect when the suit was filed, and the former law is continued in
    7-7  effect for that purpose.
    7-8        SECTION 13.  This Act takes effect January 1, 1996.
    7-9        SECTION 14.  The importance of this legislation and the
   7-10  crowded condition of the calendars in both houses create an
   7-11  emergency and an imperative public necessity that the
   7-12  constitutional rule requiring bills to be read on three several
   7-13  days in each house be suspended, and this rule is hereby suspended.
   7-14                       COMMITTEE AMENDMENT NO. 1
   7-15        Amend S.B. 642 as follows:
   7-16        (1)  On page 6, line 2, strike the sentence beginning after
   7-17  "(1)" and substitute "the taxing unit does not send another tax
   7-18  bill on the property in question at least 21 days before the
   7-19  delinquency date to the current mailing address furnished by the
   7-20  property owner and the property owner establishes that a current
   7-21  mailing address was furnished to the appraisal district by the
   7-22  property owner for the tax bill before September 1 of the year in
   7-23  which the tax is assessed; or".
   7-24        (2)  On page 6, line 15, strike the sentence beginning after
   7-25  "<(b)>" and substitute "For the purposes of this section, a
   7-26  property owner is considered to have furnished a current mailing
   7-27  address to the taxing unit or to the appraisal district if the
    8-1  current address is expressly communicated to the appraisal district
    8-2  in writing or if the appraisal district received a copy of a
    8-3  recorded instrument transferring ownership of real property and the
    8-4  current mailing address of the new owner is included in the
    8-5  instrument or in accompanying communications or letters of
    8-6  transmittal.".
    8-7        (3)  On page 7, line 4, strike the sentence beginning after
    8-8  "<(e)>" and substitute "A property owner is not entitled to relief
    8-9  under Subsection (b) of this section if the property owner or the
   8-10  owner's agent furnished an incorrect mailing address to the
   8-11  appraisal district or the taxing unit or to an employee or agent of
   8-12  the district or unit.".
   8-13        (4)  On page 7, line 9, strike the sentence beginning after
   8-14  "g" and substitute "Taxes for which penalties and interest have
   8-15  been waived under Subsection (b) of this section must be paid
   8-16  within 21 days of the property owner having received a bill for
   8-17  those taxes at the current mailing address.".
   8-18                                                          Holzheauser