Amend SB 862 as follows:
Add the following SECTIONS 39 through 43 and renumber the
subsequent sections accordingly:
SECTION 39. Sections 403.302(a) through (d), Government
Code, are amended to read as follows:
(a) The comptroller shall conduct an annual study using
comparable sales and generally accepted auditing and sampling
techniques to determine the total taxable value of all <taxable>
property in each school district. The study shall determine the
taxable value of all property and of each category of property in
the district and the productivity value of all land that qualifies
for appraisal on the basis of its productive capacity and for which
the owner has applied for and received a productivity appraisal.
The comptroller shall make appropriate adjustments in the study to
account for actions taken under Chapter 41, Education Code.
(b) In conducting the study, the comptroller shall <review
the appraisal standards, procedures, and methodology used by each
appraisal district to> determine the taxable value of property in
each school district<. The review must test the validity of the
taxable values assigned to each category of property by the
appraisal district>:
(1) using, if appropriate, samples selected through
generally accepted sampling techniques; and
(2) according to generally accepted standard
valuation, statistical compilation, and analysis techniques.
(c) If the comptroller determines <finds> in the annual
study that the market value of property in a school district as
determined by the appraisal district that appraises property for
the school district, less the total of the amounts and values
listed in Subsection (d) as determined by that appraisal district,
is <generally accepted appraisal standards and practices were used
by the appraisal district in valuing a particular category of
property, and that the taxable values assigned to each category of
property by the appraisal district are> valid, the market
<appraisal roll> value of <that category of> property in the school
district as determined by the appraisal district that appraises
property for the school district, less the total of the amounts and
values listed in Subsection (d) as determined by that appraisal
district, is presumed to represent taxable value. In the absence
of such a presumption, <the comptroller shall estimate the> taxable
value is the value determined by the comptroller under Subsection
(a) <of that category of property using generally accepted standard
valuation, statistical compilation, and analysis techniques>.
(d) For the purposes of this section, "taxable value" means
the market value of all taxable property less:
(1) the total dollar amount of any residence homestead
exemptions <of part but not all of the value of taxable property
required by the constitution or a statute that a district> lawfully
granted under Section 11.13(b) or (c), Tax Code, in the year that
is the subject of the study for each school district;
(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, generates
a tax increment paid into a tax increment fund, 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 comptroller's estimate
of 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 estimated by the comptroller 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, if this subsection does not
otherwise require that portion to be deducted; 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.
SECTION 40. Section 403.303(a), Government Code, is amended
to read as follows:
(a) A school district or a property owner whose property is
included in the study under Section 403.302 and whose tax liability
on the property is $100,000 or more may protest the comptroller's
findings under Section 403.302(f) or (g) by filing a petition with
the comptroller. The petition must be filed not later than the
40th <30th> day after the date on which the comptroller's findings
are certified to the commissioner of education and must specify the
grounds for objection and the value claimed to be correct by the
school district or property owner.
SECTION 41. Section 5.102, Tax Code, is amended to read as
follows:
Sec. 5.102. REVIEW OF APPRAISAL STANDARDS <NONCOMPLIANCE BY
APPRAISAL DISTRICT>. (a) The comptroller shall review the
appraisal standards, procedures, and methodology used by each
appraisal district to determine compliance with generally accepted
appraisal standards and practices.
(b) If the review <study required by Section 403.302,
Government Code,> results in a finding that an appraisal district
is not in compliance with generally accepted appraisal standards
and practices, the comptroller shall deliver a report that details
the comptroller's findings and recommendations for improvement to
the appraisal district's chief appraiser and board of directors.
(c) <(b)> If noncompliance with generally accepted appraisal
standards and practices is found in two consecutive reviews <annual
studies> and if an affected appraisal district's chief appraiser
and board of directors fail to take effective remedial action as
determined by the comptroller, the comptroller may appoint a
special master who may exercise supervision and control over the
operations of the district until full compliance with generally
accepted appraisal standards and practices is achieved. The
appraisal district shall bear the costs related to the master's
supervision and control.
SECTION 42. Section 5.16, Tax Code, is amended to read as
follows:
Sec. 5.16. ]SADMINISTRATIVE PROVISIONS . (a) The comptroller
may inspect the records or other materials of an appraisal office
or taxing unit, including the relevant records and materials in the
possession or control of a consultant, advisor, or expert hired by
the appraisal office or taxing unit, for the purpose of:
(1) establishing, reviewing, or evaluating the value
of or an appraisal of any property; or
(2) conducting a study, review, or audit required by
Section 5.10 or 5.102 or by Section 403.302, Government Code.
(b) On request of the comptroller, the chief appraiser or
administrative head of the taxing unit shall produce the materials
in the form and manner prescribed by the comptroller <as soon as
practicable>.
SECTION 43. Section 26.01(b), Tax Code, is amended to read
as follows:
(b) When a chief appraiser submits an appraisal roll for
county taxes to a county assessor-collector, the chief appraiser
<he> also shall certify the appraisal district appraisal roll to
the comptroller. However, the comptroller by rule may provide for
submission of only a summary of the appraisal roll. The <In that
event, the> chief appraiser shall certify the district appraisal
roll or the summary of that roll in the form and manner prescribed
by the comptroller's rule.