SWB C.S.H.B. 2669 75(R)BILL ANALYSIS WAYS & MEANS C.S.H.B. 2669 By: Patterson, L.P. "Pete" 5-5-97 Committee Report (Substituted) BACKGROUND Under Subchapter B, Chapter 23, Tax Code (Special Appraisal Provisions), no provisions for tax relief currently exist for land which the use has been restricted by a governmental entity so that the land cannot be used as the owner originally planned. The proliferation of environmental laws, rules and regulations over the past several decades may have created unfair tax treatment for many landowners if their property is still valued as if it had a more valuable use. PURPOSE The bill provides ad valorem tax relief for property owners whose property has been made relatively undevelopable by governmental actions but whose property appraisal for ad valorem tax purposes has not changed to accurately reflect the impact of the governmental action. The bill also provides provisions for the sale of such land. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1.Amends Subchapter B, Chapter 23, Tax Code (Special Appraisal Provisions), by adding Section 23.21. LAND USE OF WHICH IS RESTRICTED BY GOVERNMENTAL ENTITY, providing that land is appraised at a nominal value under the following conditions: 1) the land use is restricted by a government and can include restrictions to preserve wildlife; 2) the restriction must be without the owner's consent, and 3) the restriction effectively prohibits valuable use. (b) Provides that if land appraised under Subsection (a) is sold, the seller shall notify the chief appraiser of that fact. Provides that if the sale price exceeds the appraised value, additional taxes will be imposed equal to the difference between the amount of taxes imposed for the five years before the sale and the amount that would have been imposed had the land been appraised at the sales price in each of those years, plus interest at an annual rate of seven percent calculated from the dates on which the differences would have become due. (c) Provides that a tax lien attaches to the land on the date of the sale. (d) Provides that the additional tax imposed under Subsection (b) does not apply to a year: (1) for which an additional tax under Subsection (b) has already been imposed; or (2) in which the land was not appraised under Subsection (a). (e) Provides that if the sale applies only to a part of land appraised under Subsection (a), the additional tax applies only to that part and equals the difference between the amount of taxes imposed on that part and the amount that would have been imposed had that part been taxed on the basis of the sale price. (f) Provides that the assessor for each taxing unit shall prepare and deliver a bill for the additional taxes plus interest as soon as practicable. Provides that the taxes and interest become delinquent if not paid before the next February 1 that is at least 20 days after the date the bill is delivered. (g) Establishes that the sanctions provided by Subsection (b) do not apply if the land is sold for a right-of-way or is condemned. SECTION 2.Effective date: January 1, 1998. SECTION 3.Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2669 provides provisions for the sale of land which were not included in H.B. 2669.