Amend CSSB 841 as follows:
(1) In SECTION 1 of the bill (Committee Printing page 1,
lines 14-60), strike amended Sections 6.03(a), (b), (c), and (l),
Tax Code, and substitute the following:
(a) The appraisal district is governed by a board of <five>
directors. Five directors are appointed by the taxing units that
participate in the district as provided by this section. If the
county assessor-collector is not appointed to the board, the county
assessor-collector serves as a nonvoting director. The county
assessor-collector is ineligible to serve if the board enters into
a contract under Section 6.05(b) or if the commissioners court of
the county enters into a contract under Section 6.24(b). To be
eligible to serve on the board of directors, an individual other
than a county assessor-collector serving as a nonvoting director
must be a resident of the district and must have resided in the
district for at least two years immediately preceding the date the
individual takes office. To be eligible to serve on the board of an
appraisal district established for a county having a population of
at least 200,000 bordering a county having a population of at least
2,000,000 and the Gulf of Mexico, an individual other than a county
assessor-collector serving as a nonvoting director must be a member
of the governing body or an elected officer of a taxing unit
entitled to vote on the appointment of board members under this
section. However, an employee of a taxing unit that participates in
the district is not eligible to serve on the board unless the
individual is also a member of the governing body or an elected
official of a taxing unit that participates in the district.
(b) Members of the board of directors other than a county
assessor-collector serving as a nonvoting director serve two-year
terms beginning on January 1 of even-numbered years.
(c) Members of the board of directors other than a county
assessor-collector serving as a nonvoting director are appointed by
vote of the governing bodies of the incorporated cities and towns,
the school districts, and, if entitled to vote, the conservation
and reclamation districts that participate in the district and of
the county. A governing body may cast all its votes for one
candidate or distribute them among candidates for any number of
directorships. Conservation and reclamation districts are not
entitled to vote unless at least one conservation and reclamation
district in the district delivers to the chief appraiser a written
request to nominate and vote on the board of directors by June 1 of
each odd-numbered year. On receipt of a request, the chief
appraiser shall certify a list by June 15 of all eligible
conservation and reclamation districts that are imposing taxes and
that participate in the district.
(l) If a vacancy occurs on the board of directors other than
a vacancy in the position held by a county assessor-collector
serving as a nonvoting director, each taxing unit that is entitled
to vote by this section may nominate by resolution adopted by its
governing body a candidate to fill the vacancy. The unit shall
submit the name of its nominee to the chief appraiser within 10
days after notification from the board of directors of the
existence of the vacancy, and the chief appraiser shall prepare and
deliver to the board of directors within the next five days a list
of the nominees. The board of directors shall elect by majority
vote of its members one of the nominees to fill the vacancy.
(2) Strike SECTION 3 of the bill (Committee Printing page 2,
lines 11-17).
(3) In SECTION 11 of the bill (Committee Printing page 4,
lines 55-67), strike proposed Section 23.012, Tax Code, and
substitute the following:
Sec. 23.012. INCOME METHOD OF APPRAISAL. If the chief
appraiser uses the income method of appraisal to determine the
market value of real property, the chief appraiser shall:
(1) use market rental income and expense data
pertaining to the property if possible and applicable;
(2) make any projections of future rental income and
expenses only from clear and appropriate evidence;
(3) use data from generally accepted sources in
determining an appropriate capitalization rate; and
(4) determine a capitalization rate for
income-producing property that includes a reasonable return on
investment, taking into account the risk associated with the
investment.
(4) In SECTION 12 of the bill (Committee Printing page 6,
lines 1-5), strike proposed Section 25.19(j), Tax Code, and
substitute the following:
(j) Delivery with a notice required by Subsection (a) or (i)
of a copy of the pamphlet published by the comptroller under
Section 5.06 or a copy of the notice published by the chief
appraiser under Section 41.70 is sufficient to comply with the
requirement that the notice include the information specified by
Subsection (b)(7) or (i)(3), as applicable.
(5) Between SECTIONS 14 and 15 of the bill (Committee
Printing page 6, between lines 33 and 34), insert the following:
SECTION _____. Section 33.06(c), Tax Code, is amended to
read as follows:
(c) To obtain an abatement, the individual must file in the
court in which suit is pending an affidavit stating the facts
required to be established by Subsection (a) of this section. If
no controverting affidavit is filed by the taxing unit filing suit
or if, after a hearing, the court finds the individual is entitled
to the deferral, the court shall abate the suit until the
individual no longer owns and occupies the property as a residence
homestead. The clerk of the court shall deliver a copy of the
judgment abating the suit to the chief appraiser of each appraisal
district that appraises the property.
(6) In SECTION 15 of the bill, at the end of proposed
Subsection (d), Section 33.065, Tax Code (Committee Printing page
6, line 65), add "The clerk of the court shall deliver a copy of
the judgment abating the suit to the chief appraiser of each
appraisal district that appraises the property."
(7) In SECTION 15 of the bill, between proposed Sections
33.065(e) and (f), Tax Code (Committee Printing page 7, between
lines 4 and 5), insert the following subsection and reletter the
subsequent subsections of proposed Section 33.065, Tax Code,
appropriately:
(f) If the collection of delinquent taxes on the property
was deferred in a prior tax year and the sum of the amounts
described by Subsections (a)(1) and (2) exceeds the appraised value
of the property for the current tax year, the amount of taxes the
collection of which may be deferred is reduced by the amount
calculated by multiplying the taxing unit's tax rate for the
current year by the amount by which that sum exceeds the appraised
value of the property.
(8) In SECTION 17 of the bill (Committee Printing page 7,
lines 41-43), strike proposed Section 41.71, Tax Code, and
substitute the following:
Sec. 41.71. EVENING AND WEEKEND HEARINGS. An appraisal
review board by rule shall provide for hearings on protests in the
evening or on a Saturday or Sunday.
(9) Between SECTIONS 17 and 18 of the bill (Committee
Printing page 7, between lines 43 and 44), insert the following
section:
SECTION _____. Section 403.302(d), Government Code, is
amended to read as follows:
(d) For the purposes of this section, "taxable value" means
market value less:
(1) the total dollar amount of any exemptions of part
but not all of the value of taxable property required by the
constitution or a statute that a district lawfully granted in the
year that is the subject of the study;
(2) the total dollar amount of any exemptions granted
before May 31, 1993, within a reinvestment zone under agreements
authorized by Chapter 312, Tax Code;
(3) the total dollar amount of any captured appraised
value of property that is located in a reinvestment zone and that
is eligible for tax increment financing under Chapter 311, Tax
Code;
(4) the total dollar amount of any exemptions granted
under Section 11.251, Tax Code;
(5) the difference between the market value and the
productivity value of land that qualifies for appraisal on the
basis of its productive capacity, except that the productivity
value may not exceed the fair market value of the land;
(6) the portion of the appraised value of residence
homesteads of the elderly on which school district taxes are not
imposed in the year that is the subject of the study, calculated as
if the residence homesteads were appraised at the full value
required by law;
(7) a portion of the market value of property not
otherwise fully taxable by the district at market value because of
action required by statute or the constitution of this state that,
if the tax rate adopted by the district is applied to it, produces
an amount equal to the difference between the tax that the district
would have imposed on the property if the property were fully
taxable at market value and the tax that the district is actually
authorized to impose on the property; <and>
(8) the market value of all tangible personal
property, other than manufactured homes, owned by a family or
individual and not held or used for the production of income;
(9) the appraised value of property the collection of
delinquent taxes on which is deferred under Section 33.06, Tax
Code; and
(10) the portion of the appraised value of property
the collection of delinquent taxes on which is deferred under
Section 33.065, Tax Code.
(10) Renumber the SECTIONS of the bill appropriately.