1-1     By:  Ratliff                                           S.B. No. 765

 1-2           (In the Senate - Filed February 25, 1997; February 27, 1997,

 1-3     read first time and referred to Committee on State Affairs;

 1-4     April 22, 1997, reported favorably, as amended, by the following

 1-5     vote:  Yeas 13, Nays 0; April 22, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                                By:  Nixon

 1-7     Amend S.B. No. 765 by adding the following new sections to the

 1-8     bill, appropriately numbered, to read as follows and renumbering

 1-9     subsequent sections of the bill appropriately:

1-10           SECTION ___.  Section 23.72, Tax Code, is amended to read as

1-11     follows:

1-12           Sec. 23.72.  QUALIFICATION FOR PRODUCTIVITY APPRAISAL.  Land

1-13     qualifies for appraisal as provided by this subchapter if it is

1-14     currently and actively devoted principally to production of timber

1-15     or forest products to the degree of intensity generally accepted in

1-16     the area with intent to produce income [and has been devoted

1-17     principally to production of timber or forest products or to

1-18     agricultural use that would qualify the land for appraisal under

1-19     Subchapter C or D of this chapter for five of the preceding seven

1-20     years].

1-21           SECTION ___.  Section 23.73, Tax Code, is amended to read as

1-22     follows:

1-23           Sec. 23.73.  APPRAISAL OF QUALIFIED TIMBER LAND.  (a)  The

1-24     appraised value of qualified timber land is determined on the basis

1-25     of the category of the land, using accepted income capitalization

1-26     methods applied to average net to land.  The appraised value so

1-27     determined may not exceed the market value of the land as

1-28     determined by other appraisal methods, except as provided by

1-29     Subsection (b).

1-30           (b)  In each year until the end of the 12th year following

1-31     the first year in which the timber land qualifies for appraisal

1-32     under this subchapter after one or more years in which the land did

1-33     not qualify for appraisal under this subchapter, the appraised

1-34     value so determined may not exceed the lesser of the market value

1-35     of the land as determined by other appraisal methods or the

1-36     appraised value of the land according to Subchapter D as if the

1-37     land qualified for appraisal under that subchapter.  In the first

1-38     year in which the limitation provided by this subsection may be

1-39     applied, the limitation may not be applied to more than 100 acres

1-40     of timber land consisting of one tract or contiguous tracts owned

1-41     by the same owner.  In the following 12-year period the limitation

1-42     provided by this subsection may not be applied to more than 400

1-43     acres of timber land owned by the same owner.

1-44           (c)  The comptroller by rule shall develop and distribute to

1-45     each appraisal office appraisal manuals setting forth this method

1-46     of appraising qualified timber land, and each appraisal office

1-47     shall use the appraisal manuals in appraising qualified timber

1-48     land.  The comptroller by rule shall develop and the appraisal

1-49     office shall enforce procedures to verify that land meets the

1-50     conditions contained in Section 23.72 of this code.  The rules,

1-51     before taking effect, must be approved by majority vote of a

1-52     committee comprised of the following officials or their designees:

1-53     the governor, the comptroller, the attorney general, the

1-54     agriculture commissioner, and the Commissioner of the General Land

1-55     Office.

1-56           (d) [(c)]  For the purposes of this section and Section 23.76

1-57     [of this code], the chief appraiser also shall determine the market

1-58     value of qualified timber land and the appraised value of the

1-59     timber land according to Subchapter D as if the land qualified for

1-60     appraisal under that subchapter.  The chief appraiser shall record

1-61     [both the market value and the appraised value] in the appraisal

1-62     records:

1-63                 (1)  the market value of the land;

1-64                 (2)  the appraised value of the land according to this

 2-1     subchapter; and

 2-2                 (3)  the appraised value of the land according to

 2-3     Subchapter D as if the land qualified for appraisal under that

 2-4     subchapter.

 2-5           (e) [(d)]  The appraisal of minerals or subsurface rights to

 2-6     minerals is not within the provisions of this subchapter.

 2-7                            A BILL TO BE ENTITLED

 2-8                                   AN ACT

 2-9     relating to appraisal for property tax purposes of open-space land

2-10     that is converted to production of timber.

2-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

2-12           SECTION 1.  Subchapter D, Chapter 23, Tax Code, is amended by

2-13     adding Section 23.59 to read as follows:

2-14           Sec. 23.59.  APPRAISAL OF OPEN-SPACE LAND THAT IS CONVERTED

2-15     TO TIMBER PRODUCTION.  (a)  If land that has been appraised under

2-16     this subchapter for at least five preceding years is converted to

2-17     production of timber after September 1, 1997, the owner may elect

2-18     to have the land continue to be appraised under this subchapter for

2-19     15 years after the date of the conversion, so long as the land

2-20     qualifies for appraisal as timber land under Subchapter E.  In that

2-21     event, the land is deemed to be the same category of land under

2-22     this subchapter as it was immediately before conversion to timber

2-23     production.

2-24           (b)  The election must be made by a new application filed as

2-25     provided by Section 23.54 and remains in effect for 15 years or

2-26     until a change in use of the land occurs.

2-27           (c)  This section applies to the appraisal of land converted

2-28     to timber production only until the end of the tax year in which

2-29     the 15th anniversary of the date of the conversion occurs.  In the

2-30     16th and subsequent years, the land shall be appraised as timber

2-31     land as provided by Subchapter E, so long as it qualifies as timber

2-32     land under Subchapter E.

2-33           SECTION 2.  This Act takes effect September 1, 1997.

2-34           SECTION 3.  The importance of this legislation and the

2-35     crowded condition of the calendars in both houses create an

2-36     emergency and an imperative public necessity that the

2-37     constitutional rule requiring bills to be read on three several

2-38     days in each house be suspended, and this rule is hereby suspended.

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