SLR C.S.S.B. 841 75(R)    BILL ANALYSIS


Revenue and Public Education Funding
C.S.S.B. 841
By: Cain (Hilbert)
5-15-97
Committee Report (Substituted)



BACKGROUND 

The appraisal system for residential property is a significant issue with
homeowners, cities, counties, and school districts.  The issue was
discussed in the Governor's Citizens Committee on Tax Relief and several
suggestions were identified to improve the appraisal process. 
 

PURPOSE

C.S.S.B. 841 would change the Property Tax Code to reform the property tax
appraisal system. This bill would make several changes to current law
affecting frequency of appraisals, placing limits on increases in
residential valuations, appraisal district boards of directors, fraudulent
property tax exemptions, the appeals process, the  portability of senior
school tax freeze, and deferred collection of taxes on appreciating
residence homesteads, as well as other issues dealing with the appraisal
process. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill expressly grants rulemaking
authority to the Comptroller of Public Accounts under SECTION 20 of this
bill and to the State Office of Administrative Hearings under SECTION 33
of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 1.12 by adding subsection (d), Tax Code, to
allow a cap on increases in the property's market value by using the
appraisal ratio of a homestead to which the limitations on appraisal
increases apply is the ratio of the property's market value to the market
value according to law.  The appraisal ratio is not calculated according
to the limited appraised value.  

SECTION 2. Amends Sections 6.03(a), (b), (c), and (l), Tax Code, to
provide that the appraisal district is governed by a board of six
directors, five of which are appointed by the taxing units that
participate in the district as provided by this section.  Provides that
the county assessorcollector is an ex officio director.  Establishes that
to be eligible to serve on the board of directors, an individual other
than the county assessor-collector 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.  Makes conforming changes. 

SECTION 3. Amends Section 6.034(a), Tax Code, to make conforming change
regarding appraisal district board of directors. 

SECTION 4. Amends Section 6.04(a), Tax Code, to provide that the county
assessor-collector is the chairman of the board.  Deletes existing text
regarding the election of a chairman by the board from among its members.

SECTION 5. Amends Section 6.41(c), Tax Code, to provide that in an
appraisal district established for a county having a population of more
than 300,000, an individual who has served  for all or part of three
previous terms as a board member or auxiliary board member on the
Appraisal Review Board (ARB) or is a former officer or employee of a
taxing unit is ineligible to serve on the ARB.   

SECTION 6. Amends Section 6.411, Tax Code, to authorize the board of
directors of an appraisal district to appoint auxiliary members to perform
certain functions, rather than appointing auxiliary members to the
appraisal review board to perform certain functions.  Sets forth the
number of auxiliary members that may be appointed for various counties.
Makes conforming changes. 

SECTION 7. Amends Section 11.13(h) and (q), Tax Code, to prohibit a person
from receiving an exemption under this section for more than one residence
homestead in the same year.  Also allows for the surviving spouse of an
individual who qualifies for a local option over 65 exemption is entitled
to the same exemption to which the deceased spouse qualified. 

SECTION 8.   Amends Section 11.18 (f), Tax Code, to require a charitable
organization to use its assets in performing its charitable functions.
Also adds the United States as an eligible recipient of a charitable
organization's assets upon dissolution of the organization. 

SECTION 9.   Amends Section 11.19(d), Tax Code,  to require that youth
development associations must use their assets to perform their youth
development functions.  Also adds the United States as an eligible
recipient of an association's assets upon dissolution of the association. 

SECTION 10.  Amends Section 11.20 (c), Tax Code, to require that a
religious organization must use it assets to perform its religious
functions or that of another religious organization. Also adds the United
States as an eligible recipient of a religious organization's assets upon
dissolution of the organization. 

SECTION 11.  Amends Section 11.21 (d), Tax Code, to require that
educational organizations must use their assets to perform their
educational functions. States that schools must be organized and operated
to perform educational functions.  Also adds the United States as an
eligible recipient of an educational organizations assets upon dissolution
of the organization. 

SECTION 12.  Amends Section 11.26, Tax Code, by amending Subsection (b),
and adds Subsection (g),(h),(i),(j), and (k) to make conforming changes to
allow an individual who currently receives a 65 or over exemption who
subsequently changes residence to transfer the exemption with certain
conditions.  Extends portability to surviving spouse if the spouse is 55
or older and maintains same residence.  Requires a written certificate to
verify exemption amount under portability.   

SECTION 13. Amends Section 11.41(a), (b) and (c), Tax Code, to set forth a
calculation for determining exemptions for partially owned property.  The
fraction is added, the numerator of which is the value of the property
interest the person owns and the denominator of which is the value of the
property, rather than requiring the exemption to be limited to the value
of the property interest.  Deletes existing Subsection (b).  Makes
conforming changes. 

SECTION 14.  Amends Section 11.42 (b), Tax Code, to allow individuals 65
or over to qualify immediately for the exemption. 

SECTION 15.  Amends Section 11.421 and 11.422, Tax Code, to provide
conforming changes for qualifications of religious organizations and
schools. 

SECTION 16.  Amends Subchapter C, Chapter 11, Tax Code, by adding Sections
11.423 and 11.424. 

Sec. 11.423 provides that an organization that would otherwise be an
exempt charitable or youth organization, except for certain other
requirements, shall be eligible for the exemption for the tax year if the
organization satisfies the requirements by a timely filing with the chief
appraiser of a  new completed application of the exemption and an
affidavit stating that the organization has complied with the
requirements. Also, states that if the chief appraiser cancels an
exemption for an organization that would otherwise be exempt, the
organization is eligible for the exemption if the requirements are
satisfied on or by the 30th day after the date the chief appraiser
notifies the organization of the cancellation, and files an affidavit
stating such. 

Sec. 11.424 states that an organization that has entered into a contract
with the United States, and has a conflict between a provision of the
contract and its charter, bylaws, or other regulations adopted by the
organization, may comply with the provision of the contract and not lose
the organization's eligibility as an exempt organization. 

SECTION 17. Amends Section 11.43, Tax Code, by amending Subsection (d),
(f), and adding (j),and (k) to require the application form for each kind
of exemption to require an applicant to provide the applicant's name and
driver's license number, personal identification certificate number, or
social security account number.  Defines "driver's license" and "personal
identification certificate."  Sets forth the requirements for an
application for an exemption under Section 11.31.  Makes conforming
changes. 

SECTION 18. Amends Section 23.01(b), Tax Code, to require the market value
of property to be determined by the application of generally accepted
appraisal methods and techniques, including the mass appraisal standards
recognized by the Uniform Standards of Professional Appraisal Practice.
Makes conforming changes. 

SECTION 19. Amends Subchapter A, Chapter 23, Tax Code, by adding Sections
23.011-23.013, as follows: 

Sec. 23.011.  COST METHOD OF APPRAISAL.  Sets forth requirements for the
chief appraiser applicable if the chief appraiser uses the cost method of
appraisal to determine the market value of real property. 

Sec. 23.012.  INCOME METHOD OF APPRAISAL.  Sets forth requirements for the
chief appraiser applicable if the chief appraiser uses the income method
of appraisal to determine the market value of real property. 

Sec. 23.013.  MARKET DATA COMPARISON METHOD OF APPRAISAL.  Requires the
chief appraiser to use comparable sales data if possible, if the chief
appraiser uses the market data comparison method of appraisal to determine
the market value of real property. 

SECTION 20.  Amends Subchapter B, Chapter 23, Tax Code, adding new
sections 23.176, 23.21, and 23.22 

Sec. 23.176 applies to property consisting of a separate interest in oil
and gas, sets out criteria for chief appraiser to calculate market value
for this category of property 

23.21 provides for a 5% limitation on the appraised value of residential
homesteads. 

23.22 limits the frequency of appraisals to once every three years.

SECTION 21. Amends Section 23.56, Tax Code, stating that land is not
eligible for open-space appraisal if the land consists of a parcel of real
property that is contiguous to one or more parcels of real property owned
by the same person and all parcels taken together would not be eligible
for open-space appraisal.  A parcel is not ineligible because one of the
contiguous parcels is the residence homestead of the person. 

SECTION 22. Amends Section 25.19, Tax Code, by amending Subsections (b)
and (i) and adding Subsection (j), to require the chief appraiser to
separate real from personal property and include in the notice for each a
detailed, rather than brief, explanation of the time and procedure for
protesting the value.  Provides that delivery with a notice required by
Subsection (a) or (i) of a copy of the pamphlet published by the
comptroller under Section 5.06 is sufficient to comply  with the
requirement that the notice include the information specified by
Subsection (b)(7) or (i)(3), as applicable.  Makes conforming changes. 

SECTION 23.  Amends Section 26.10, Tax Code, requires that if the
appraisal roll shows that a property is eligible for taxation at its full
appraised value for only part of a year because a residence homestead
exemption for an individual 65 years of age or older terminated during the
year, the tax due against the property is prorated.  Provides for
calculation of taxes due. 

SECTION 24.  Amends Section 26.112, Tax Code, providing that if an
individual qualifies for the exemption for an individual 65 years of age
or older after the beginning of a tax year, the amount of the taxes due on
the residence homestead for the tax year are prorated.  Provides for
calculation of taxes due. 

SECTION 25. Amends Section 33.01, Tax Code, by adding Subsections (d) and
(e), to provide that in lieu of the penalty imposed under Subsection (a),
a delinquent tax incurs a penalty of 50 percent of the amount of the tax
without regard to the number of months the tax has been delinquent if the
tax is delinquent because the property owner received an exemption under
certain sections.  Provides that a penalty imposed under Subsection (d)
does not apply if, at any time before the date the tax becomes delinquent,
the property owner gives to the chief appraiser of the appraisal district
in which the property is located written notice of circumstances that
would disqualify the owner for the exemption. 

SECTION 26. Amends Section 33.06, Tax Code, to amend the heading as
follows: 

Sec. 33.06.  DEFERRED COLLECTION OF TAXES ON RESIDENCE HOMESTEAD OF
ELDERLY PERSON.   

SECTION 27. Amends Subchapter A, Chapter 33 Tax Code, by adding Section
33.065, as follows: 

Sec. 33.065.  DEFERRED COLLECTION OF TAXES ON APPRECIATING RESIDENCE
HOMESTEAD.  Sets forth the terms under which an individual is entitled to
defer or abate a suit to collect a delinquent tax imposed on the portion
of the appraised value of property the individual owns and occupies as the
individual's residence homestead that exceeds a certain sum.  Prohibits an
individual from obtaining a deferral or abatement if certain conditions
exist.  Sets forth the procedure by which an individual obtains a deferral
and an abatement.  Establishes the conditions under which a deferral or
abatement applies only to certain ad valorem taxes.  Sets forth the terms
by which a tax lien remains on the property and interest continues to
accrue during the period collection of delinquent taxes is deferred, and
by which a penalty may and may not be imposed.  Requires the chief
appraiser for each appraisal district to publicize certain information
each year.  Defines "new improvement" and "residence homestead." 


SECTION 28.  Conforms heading for Chapter 41, Tax Code to read
"ADMINISTRATIVE REVIEW". 

SECTION 29.  Amends Section 41.12 by adding Subsection (c), Tax Code,
providing for protests under Subchapter E to not be considered an
undetermined protest under Subsection (b). 

SECTION 30.  Amends Section 41.43, Tax Code, to allow for a protest of the
appraised value of property, the appraisal district has the burden of
establishing the value of the property by a preponderance of the evidence.
If the appraisal district fails to present evidence, the protest shall be
determined in favor of the property owner.  A protest on the ground of
unequal appraisal of property shall be determined in favor of the
protesting party unless the appraisal district establishes that the
appraisal ratio of the property is not greater than the median level of
appraisal. 

SECTION 31. Amends Section 41.46(a), Tax Code, to require the appraisal
review board to  deliver a written notice to the property owner initiating
a protest of the date, time, and place fixed for the hearing on the
protest 15 days in advance of the hearing, unless the property owner
waives in writing notice of the hearing. 

SECTION 32. Amends Subchapter D, Chapter 41, Tax Code, by adding Section
41.71, as follows: 

Sec. 41.71.  EVENING AND WEEKEND HEARINGS.  Requires an appraisal review
board, at the request of a property owner, to schedule a hearing on a
protest at a certain time.   


SECTION 33.  Amends Chapter 41, Tax Code, by adding Subchapter E to
provide for a property owner to have the State Office of Administrative
Hearings (SOAH) conduct a hearing and determine a protest if the property
has an appraised value of at least $1 million and the property owner meets
other procedural requirements.  A property owner who requests a SOAH
hearing waives the right to a hearing and determination by the appraisal
review board.   A property owner forfeits the right to a determination by
SOAH if the property owner does not pay each taxing unit the amount of
taxes the property owner would be required to pay to preserve the right to
judicial review. 

SECTION 34.  Amends Section 403.302 (d), Government Code, by adding
conforming language to require the comptroller to include market value of
a residence homestead where it exceeds the appraised value of the property
as calculated in the study under sections 23.21 or 23.22. 

SECTION 35.  Repeals Section 26.052, Tax Code.

SECTION 36.  Effective date:  January 1, 1998, except as otherwise
provided by this section.  

SECTION 37. Emergency clause.

 
COMPARISON OF ORIGINAL TO SUBSTITUTE


Section 1 of the bill is new and Amends Section 1.12 by adding subsection
(d), Tax Code, to allow a cap on increases in the property's market value
by using the appraisal ratio of a homestead to which the limitations on
appraisal increases apply is the ratio of the property's market value to
the market value according to law.  The appraisal ratio is not calculated
according to the limited appraised value.  

Section 2 of the bill deletes a provision contained in the original bill
which allowed the county assessor-collector to either serve as an ex
officio nonvoting member of the board or an appointed member of the board.
It also deletes language which would disqualify an assessor-collector from
serving on the board. 

Section 4 is new and requires the assessor-collector to serve as chair of
the board of directors. 

Section 7 is substantially similar but clarifies surviving spouse benefits.

Section 8 is new and requires a charitable organization to use its assets
in performing its charitable functions. 

Section 9 is new and requires youth development associations to use their
assets to perform their youth development functions. 

Section 10 is new and requires a religious organization to use its assets
to perform its religious functions or that of another religious
organization. 

Section 11 is new and requires that educational organizations use their
assets to perform their  educational functions.  States that schools must
be organized an operated to perform school functions. 

Section 12 is substantially similar to the original bill and provides for
the portability of senior citizen school tax freezes.  Sections (h), (i),
(j), and (k) are new.  Section (h) requires the chief appraiser to certify
whether or not an individual qualifies for the limitation; section (i),
(j), and (k) provide for the extension of benefits to a surviving spouse.  

Section 14 is new and amends Section 11.42 (b), Tax Code, to allow
individuals 65 or over to qualify immediately for the exemption. 

Section 15 is new and amends Section 11.421 and 11.422, Tax Code. to
provide conforming changes for qualifications of religious organizations
and schools. 

Section 16 is new and amends Subchapter C, Chapter 11, Tax Code, by adding
Sections 11.423 and 11.424. 

Sec. 11.423 provides that an organization that would otherwise be an
exempt charitable or youth organization, except for certain other
requirements, shall be eligible for the exemption for the tax year if the
organization satisfies the requirements by a timely filing with the chief
appraiser of a new completed application of the exemption and an affidavit
stating that the organization has complied with the requirements. Also,
states that if the chief appraiser cancels an exemption for an
organization that would otherwise be exempt, the organization is eligible
for the exemption if the requirements are satisfied on or by the 30th day
after the date the chief appraiser notifies the organization of the
canellation, and files an affidavit stating such. 

Sec. 11.424 states that an organization that has entered into a contract
with the United States, and has a conflict between a provision of the
contract and its charter, bylaws, or other regulations adopted by the
organization, may comply with the provision of the contract and not lose
the organization's eligibility as an exempt organization. 

Section 20 is new and amends Subchapter B, Chapter 23, Tax Code, adding
new sections 23.176, 23.21, and 23.22 

Sec. 23.176 applies to property consisiting of a seperate interest in oil
and gas, sets out criteria for chief appraiser to calculate market value
for this category of property 

 23.21 provides for a 5% limitation on the appraised value of residential
homesteads. 

 23.22 limits the frequency of appraisals to once every three years.

Section 21 is new and amends Section 23.56, Tax Code, stating that land is
not eligible for openspace appraisal if the land consists of a parcel of
real property that is contiguous to one or more parcels of real property
owned by the same person and all parcels taken together would not be
eligible for open-space appraisal.  A parcel is not ineligible because one
of the contiguous parcels is the residence homestead of the person. 

Section 22 is substantially similar to the provisions in the original
bill.  The substitute omits a provision regarding types of notifications
that would satisfy the requirements of this section. 

Section 23 is new and amends Section 26.10, Tax Code, provides that if the
appraisal roll shows that a property is eligible for taxation at its full
appraised value for only part of a year because a residence homestead
exemption for an individual 65 years of age or older terminated during the
year, the tax due against the property is prorated. 

Section 24 is new and amends Section 26.112, Tax Code, providing that if
an individual qualifies for the exemption for an individual 65 years of
age or older after the beginning of a tax year, the amount of the taxes
due on the residence homestead for the tax year are prorated. 

 Section 26 is new and amends Section 33.06, Tax Code, to amend the
heading as follows: 

Sec. 33.06.  DEFERRED COLLECTION OF TAXES ON RESIDENCE HOMESTEAD OF
ELDERLY PERSON.   

Section 29 is new and amends Section 41.12 (c), Tax Code,  providing for
protests under Subchapter E to not be considered an undetermined protest
under Subsection (b). 

Section 30 is new and amends Section 41.43, Tax Code, to allow for a
protest of the appraised value of property, the appraisal district has the
burden of establishing the value of the property by a preponderance of the
evidence.  If the appraisal district fails to present evidence, the
protest shall be determined in favor of the property owner.  A protest on
the ground of unequal appraisal of property shall be determined in favor
of the protesting party unless the appraisal district extablishes that the
appraisal ratio of the property is not greater than the median level of
appraisal. 

Section 32 is substantially similar to the original bill.  The original
bill required the appraisal district to establish procedures for evening
and weekend hearings.  The substitute requires the appraisal district hold
an evening or weekend hearing at the request of the property owner. 

Section 33 is new and amends Chapter 41, Tax Code, by adding Subchapter E
to provide for a property owner to have the State Office of Administrative
Hearings (SOAH) conduct a hearing and determine a protest if the property
has an appraised value of at least $1 million and the property owner meets
other procedural requirements.  A property owner who requests a SOAH
hearing waives the right to a hearing and determination by the appraisal
review board.   A property owner forfeits the right to a determination by
SOAH if the property owner does not pay each taxing unit the amount of
taxes the property owner would be required to pay to preserve the right to
judicial review. 

Section 35 is new and repeals Section 26.052 of the Tax Code.