AN ACT

 1-1     relating to ad valorem taxation.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Section 1.07, Tax Code, is amended by amending

 1-4     Subsection (a) and adding Subsection (d) to read as follows:

 1-5           (a)  An official or agency required by this title to deliver

 1-6     a notice to a property owner may deliver the notice by regular

 1-7     first-class mail, with postage prepaid, unless this section or

 1-8     another provision of this title requires a different method of

 1-9     delivery.

1-10           (d)  A notice required by Section 11.45(d), 23.44(d),

1-11     23.57(d), 23.79(d), or 23.85(d) must be sent by certified mail.

1-12           SECTION 2.  Subsections (a), (b), (c), and (l), Section 6.03,

1-13     Tax Code, are amended to read as follows:

1-14           (a)  The appraisal district is governed by a board of [five]

1-15     directors.  Five directors are appointed by the taxing units that

1-16     participate in the district as provided by this section.  If the

1-17     county assessor-collector is not appointed to the board, the county

1-18     assessor-collector serves as a nonvoting director.  The county

1-19     assessor-collector is ineligible to serve if the board enters into

1-20     a contract under Section 6.05(b) or if the commissioners court of

1-21     the county enters into a contract under Section 6.24(b).  To be

1-22     eligible to serve on the board of directors, an individual other

1-23     than a county assessor-collector serving as a nonvoting director

 2-1     must be a resident of the district and must have resided in the

 2-2     district for at least two years immediately preceding the date the

 2-3     individual takes office.  An individual who is otherwise eligible

 2-4     to serve on the board is not ineligible because of membership on

 2-5     the governing body of a taxing unit.  To be eligible to serve on

 2-6     the board of an appraisal district established for a county having

 2-7     a population of at least 200,000 bordering a county having a

 2-8     population of at least 2,000,000 and the Gulf of Mexico, an

 2-9     individual other than a county assessor-collector serving as a

2-10     nonvoting director must be a member of the governing body or an

2-11     elected officer of a taxing unit entitled to vote on the

2-12     appointment of board members under this section.  However, an

2-13     employee of a taxing unit that participates in the district is not

2-14     eligible to serve on the board unless the individual is also a

2-15     member of the governing body or an elected official of a taxing

2-16     unit that participates in the district.

2-17           (b)  Members of the board of directors other than a county

2-18     assessor-collector serving as a nonvoting director serve two-year

2-19     terms beginning on January 1 of even-numbered years.

2-20           (c)  Members of the board of directors other than a county

2-21     assessor-collector serving as a nonvoting director are appointed by

2-22     vote of the governing bodies of the incorporated cities and towns,

2-23     the school districts, and, if entitled to vote, the conservation

2-24     and reclamation districts that participate in the district and of

2-25     the county.  A governing body may cast all its votes for one

 3-1     candidate or distribute them among candidates for any number of

 3-2     directorships.  Conservation and reclamation districts are not

 3-3     entitled to vote unless at least one conservation and reclamation

 3-4     district in the district delivers to the chief appraiser a written

 3-5     request to nominate and vote on the board of directors by June 1 of

 3-6     each odd-numbered year.  On receipt of a request, the chief

 3-7     appraiser shall certify a list by June 15 of all eligible

 3-8     conservation and reclamation districts that are imposing taxes and

 3-9     that participate in the district.

3-10           (l)  If a vacancy occurs on the board of directors other than

3-11     a vacancy in the position held by a county assessor-collector

3-12     serving as a nonvoting director, each taxing unit that is entitled

3-13     to vote by this section may nominate by resolution adopted by its

3-14     governing body a candidate to fill the vacancy.  The unit shall

3-15     submit the name of its nominee to the chief appraiser within 10

3-16     days after notification from the board of directors of the

3-17     existence of the vacancy, and the chief appraiser shall prepare and

3-18     deliver to the board of directors within the next five days a list

3-19     of the nominees.  The board of directors shall elect by majority

3-20     vote of its members one of the nominees to fill the vacancy.

3-21           SECTION 3.  Subsection (a), Section 6.034, Tax Code, is

3-22     amended to read as follows:

3-23           (a)  The taxing units participating in an appraisal district

3-24     may provide that the terms of the appointed members of the board of

3-25     directors be staggered if the governing bodies of at least

 4-1     three-fourths of the taxing units that are entitled to vote on the

 4-2     appointment of board members adopt resolutions providing for the

 4-3     staggered terms.  A change to staggered terms may be adopted only

 4-4     if the method or procedure for appointing board members is changed

 4-5     under Section 6.031 of this code to eliminate or have the effect of

 4-6     eliminating cumulative voting for board members as provided by

 4-7     Section 6.03 of this code.  A change to staggered terms may be

 4-8     proposed concurrently with a change that eliminates or has the

 4-9     effect of eliminating cumulative voting.

4-10           SECTION 4.  Subsection (c), Section 6.41, Tax Code, is

4-11     amended to read as follows:

4-12           (c)  To be eligible to serve on the board, an individual must

4-13     be a resident of the district and must have resided in the district

4-14     for at least two years.  A member of the appraisal district board

4-15     of directors or an officer or employee of the comptroller, the

4-16     appraisal office, or a taxing unit is ineligible to serve on the

4-17     board.  In an appraisal district established for a county having a

4-18     population of more than 300,000, an individual who has served for

4-19     all or part of three previous terms as a board member or auxiliary

4-20     board member on the appraisal review board, is a former member of

4-21     the governing body or an officer or employee of a taxing unit, or

4-22     is a former director, officer, or employee of the appraisal

4-23     district is ineligible to serve on the appraisal review board.  In

4-24     an appraisal district established for any other county, an

4-25     individual who has served for all or part of three consecutive

 5-1     terms as a board member or auxiliary board member on the appraisal

 5-2     review board is ineligible to serve on the appraisal review board

 5-3     during a term that begins on the next January 1 following the third

 5-4     of those consecutive terms.

 5-5           SECTION 5.  Section 6.411, Tax Code, is amended to read as

 5-6     follows:

 5-7           Sec. 6.411.  AUXILIARY [BOARD] MEMBERS IN CERTAIN COUNTIES.

 5-8     (a)  The board of directors of an appraisal district may appoint

 5-9     auxiliary members to [the appraisal review board to] hear taxpayer

5-10     protests before the appraisal review board and to assist the board

5-11     in performing its other duties.

5-12           (b)  The number of auxiliary members that may be appointed

5-13     is:

5-14                 (1)  for a county with a population of 1,000,000 or

5-15     more, not more than 66 [30] auxiliary members;

5-16                 (2)  for a county with a population of at least 500,000

5-17     but less than 1,000,000, not more than 45 [20] auxiliary members;

5-18                 (3)  for a county with a population of at least 250,000

5-19     but less than 500,000, not more than 25 [10] auxiliary members; and

5-20                 (4)  for a county with a population of less than

5-21     250,000, not more than 10 [6] auxiliary members.

5-22           (c)  Sections 6.41(c), (d), and (e) and Sections 6.412 and

5-23     6.413 apply to auxiliary [board] members [appointed under this

5-24     section].

5-25           (d)  An auxiliary member [of the appraisal review board

 6-1     appointed under this section] may not vote in a determination made

 6-2     by the board, may not serve as chairman or secretary of the board,

 6-3     and is not included in determining what constitutes a quorum of the

 6-4     board or whether a quorum is present at any meeting of the board.

 6-5           (e)  An auxiliary member [of the appraisal review board

 6-6     appointed under this section] is entitled to make a recommendation

 6-7     to the board in a protest heard by the member but is not entitled

 6-8     to vote on the determination of the protest by the board.

 6-9           (f)  An auxiliary member [of the appraisal review board

6-10     appointed under this section] is entitled to the per diem set by

6-11     the appraisal district budget for each day on which the member

6-12     actively engages in performing the member's duties under Subsection

6-13     (a) or (e) and is entitled to actual and necessary expenses

6-14     incurred in performing those duties in the same manner as [other]

6-15     members of the appraisal review board.

6-16           SECTION 6.  Subsections (h) and (q), Section 11.13, Tax Code,

6-17     are amended to read as follows:

6-18           (h)  Joint or community owners may not each receive the same

6-19     exemption provided by or pursuant to this section for the same

6-20     residence homestead in the same year.  An eligible disabled person

6-21     who is 65 or older may not receive both a disabled and an elderly

6-22     residence homestead exemption but may choose either.  A person may

6-23     not receive an exemption under this section for more than one

6-24     residence homestead in the same year.

6-25           (q)  The surviving spouse of an individual who qualifies for

 7-1     [received] an exemption under Subsection (d) for the residence

 7-2     homestead of a person 65 or older is entitled to an exemption for

 7-3     the same property from the same taxing unit in an amount equal to

 7-4     that of the exemption for which [received by] the deceased spouse

 7-5     qualified if:

 7-6                 (1)  the deceased spouse died in a year in which the

 7-7     deceased spouse qualified for [received] the exemption;

 7-8                 (2)  the surviving spouse was 55 or older when the

 7-9     deceased spouse died; and

7-10                 (3)  the property was the residence homestead of the

7-11     surviving spouse when the deceased spouse died and remains the

7-12     residence homestead of the surviving spouse.

7-13           SECTION 7.  Subsection (f), Section 11.18, Tax Code, is

7-14     amended to read as follows:

7-15           (f)  A charitable organization must:

7-16                 (1)  use its assets in performing the organization's

7-17     charitable functions or the charitable functions of another

7-18     charitable organization; and

7-19                 (2)  [,] by charter, bylaw, or other regulation adopted

7-20     by the organization to govern its affairs[:]

7-21                 [(1)  pledge its assets for use in performing the

7-22     organization's charitable functions; and]

7-23                 [(2)]  direct that on discontinuance of the

7-24     organization by dissolution or otherwise:

7-25                       (A)  the assets are to be transferred to this

 8-1     state, the United States, or [to] an educational, religious,

 8-2     charitable, or other similar organization that is qualified as a

 8-3     charitable organization under Section 501(c)(3), Internal Revenue

 8-4     Code of 1986, as amended; or

 8-5                       (B)  if required for the organization to qualify

 8-6     as a tax-exempt organization under Section 501(c)(12), Internal

 8-7     Revenue Code of 1986, as amended, the assets are to be transferred

 8-8     directly to the organization's members, each of whom, by

 8-9     application for an acceptance of membership in the organization,

8-10     has agreed to immediately transfer those assets to this state or to

8-11     an educational, religious, charitable, or other similar

8-12     organization that is qualified as a charitable organization under

8-13     Section 501(c)(3), Internal Revenue Code of 1986, as amended, as

8-14     designated in the bylaws, charter, or regulation adopted by the

8-15     organization.

8-16           SECTION 8.  Subsection (d), Section 11.19, Tax Code, is

8-17     amended to read as follows:

8-18           (d)  To qualify as a youth development association for the

8-19     purposes of this section, an association must:

8-20                 (1)  be organized and operated [engage] primarily for

8-21     the purpose of [in] promoting the threefold spiritual, mental, and

8-22     physical development of boys, girls, young men, or young women;

8-23                 (2)  be operated in a way that does not result in

8-24     accrual of distributable profits, realization of private gain

8-25     resulting from payment of compensation in excess of a reasonable

 9-1     allowance for salary or other compensation for services rendered,

 9-2     or realization of any other form of private gain;

 9-3                 (3)  operate in conjunction with a state or national

 9-4     organization that is organized and operated for the same purpose as

 9-5     the association; [and]

 9-6                 (4)  use its assets in performing the association's

 9-7     youth development functions or the youth development functions of

 9-8     another youth development association; and

 9-9                 (5)  by charter, bylaw, or other regulation adopted by

9-10     the association to govern its affairs[:]

9-11                       [(A)  pledge its assets for use in performing the

9-12     association's youth development functions; and]

9-13                       [(B)]  direct that on discontinuance of the

9-14     association by dissolution or otherwise the assets are to be

9-15     transferred to this state, the United States, or [to] a charitable,

9-16     educational, religious, or other similar organization that is

9-17     qualified as a charitable organization under Section 501(c)(3),

9-18     Internal Revenue Code of 1954, as amended.

9-19           SECTION 9.  Subsection (c), Section 11.20, Tax Code, is

9-20     amended to read as follows:

9-21           (c)  To qualify as a religious organization for the purposes

9-22     of this section, an organization (whether operated by an

9-23     individual, as a corporation, or as an association) must:

9-24                 (1)  be organized and operated primarily for the

9-25     purpose of engaging in religious worship or promoting the spiritual

 10-1    development or well-being of individuals;

 10-2                (2)  be operated in a way that does not result in

 10-3    accrual of distributable profits, realization of private gain

 10-4    resulting from payment of compensation in excess of a reasonable

 10-5    allowance for salary or other compensation for services rendered,

 10-6    or realization of any other form of private gain; [and]

 10-7                (3)  use its assets in performing the organization's

 10-8    religious functions or the religious functions of another religious

 10-9    organization; and

10-10                (4)  by charter, bylaw, or other regulation adopted by

10-11    the organization to govern its affairs[:]

10-12                      [(A)  pledge its assets for use in performing the

10-13    organization's religious functions; and]

10-14                      [(B)]  direct that on discontinuance of the

10-15    organization by dissolution or otherwise the assets are to be

10-16    transferred to this state, the United States, or [to] a charitable,

10-17    educational, religious, or other similar organization that is

10-18    qualified as a charitable organization under Section 501(c)(3),

10-19    Internal Revenue Code of 1954, as amended.

10-20          SECTION 10.  Subsection (d), Section 11.21, Tax Code, is

10-21    amended to read as follows:

10-22          (d)  To qualify as a school for the purposes of this section,

10-23    an organization (whether operated by an individual, as a

10-24    corporation, or as an association) must:

10-25                (1)  be organized and operated primarily for the

 11-1    purpose of engaging in educational functions;

 11-2                (2)  normally maintain a regular faculty and curriculum

 11-3    and normally have a regularly organized body of students in

 11-4    attendance at the place where its educational functions are carried

 11-5    on;

 11-6                (3) [(2)]  be operated in a way that does not result in

 11-7    accrual of distributable profits, realization of private gain

 11-8    resulting from payment of compensation in excess of a reasonable

 11-9    allowance for salary or other compensation for services rendered,

11-10    or realization of any other form of private gain and, if the

11-11    organization is a corporation, be organized as a nonprofit

11-12    corporation as defined by the Texas Non-Profit Corporation Act;

11-13    [and]

11-14                (4)  use its assets in performing the organization's

11-15    educational functions or the educational functions of another

11-16    educational organization; and

11-17                (5) [(3)]  by charter, bylaw, or other regulation

11-18    adopted by the organization to govern its affairs[:]

11-19                      [(A)  pledge its assets for use in performing the

11-20    organization's educational functions; and]

11-21                      [(B)]  direct that on discontinuance of the

11-22    organization by dissolution or otherwise the assets are to be

11-23    transferred to this state, the United States,  or [to] an

11-24    educational, charitable, religious, or other similar organization

11-25    that is qualified as a charitable organization under Section

 12-1    501(c)(3), Internal Revenue Code of 1954, as amended.

 12-2          SECTION 11.  If the constitutional amendment proposed by

 12-3    H.J.R. No. 4, Acts of the 75th Legislature, Regular Session, 1997,

 12-4    is approved by the voters, Section 11.26, Tax Code, is amended by

 12-5    amending Subsection (a) and adding Subsections (i), (j), and (k) to

 12-6    read as follows:

 12-7          (a)  The tax officials shall appraise the property to which

 12-8    this section applies and calculate taxes as on other property, but

 12-9    if the tax so calculated exceeds the limitation imposed by this

12-10    section, the tax imposed is the amount of the tax as limited by

12-11    this section, except [Except] as otherwise provided by this

12-12    section.  A [Subsection (b) of this section, a] school district may

12-13    not increase the total annual amount of ad valorem tax it imposes

12-14    on the residence homestead of an individual 65 years or older above

12-15    the amount of the tax it imposed in the first tax year the

12-16    individual qualified that residence homestead for the exemption

12-17    provided by [Subsection (c) of] Section 11.13(c) [11.13 of this

12-18    code].  If the individual qualified that residence homestead for

12-19    the exemption after the beginning of that first year, the maximum

12-20    amount of taxes that a school district may impose on that residence

12-21    homestead in a subsequent year is determined as provided by Section

12-22    26.112 as if the individual qualified that residence homestead for

12-23    the exemption for that entire first year, except as provided by

12-24    Subsection (b).  If the individual qualified that residence

12-25    homestead for the exemption after the beginning of that first year

 13-1    and the residence homestead remains eligible for the exemption for

 13-2    the next year and if the school district taxes imposed on the

 13-3    residence homestead in the next year are less than the amount of

 13-4    taxes imposed in that first year, a school district may not

 13-5    subsequently increase the total annual amount of ad valorem taxes

 13-6    it imposes on the residence homestead above the amount it imposed

 13-7    in the year immediately following the first year for which the

 13-8    individual qualified that residence homestead for the exemption,

 13-9    except as provided by Subsection (b).  If the first tax year the

13-10    individual qualified the  residence homestead for the exemption

13-11    provided by Section  11.13(c) was a tax year before the 1997 tax

13-12    year, the amount of the limitation provided by this section is the

13-13    amount of tax the school district imposed for the 1996 tax year

13-14    less an amount equal to the amount determined by multiplying

13-15    $10,000 times the tax  rate of the school district for the 1997 tax

13-16    year, plus any 1997 tax attributable to improvements made in 1996,

13-17    other than improvements made to comply with governmental

13-18    regulations or repairs [The tax officials shall continue to

13-19    appraise the property and to calculate taxes as on other property,

13-20    but if the tax so calculated exceeds the limitation imposed by this

13-21    section, the tax imposed is the tax imposed in the first year the

13-22    individual qualified the residence homestead for the exemption].

13-23          (i)  If an individual who qualifies for the exemption

13-24    provided by Section 11.13(c) for an individual 65 years of age or

13-25    older dies, the surviving spouse of the individual is entitled to

 14-1    the limitation applicable to the residence homestead of the

 14-2    individual if:

 14-3                (1)  the surviving spouse is 55 years of age or older

 14-4    when the individual dies; and

 14-5                (2)  the residence homestead of the individual:

 14-6                      (A)  is the residence homestead of the surviving

 14-7    spouse on the date that the individual dies; and

 14-8                      (B)  remains the residence homestead of the

 14-9    surviving spouse.

14-10          (j)  If an individual who qualifies for an exemption provided

14-11    by Section 11.13(c) for an individual 65 years of age or older dies

14-12    in the first year in which the individual qualified for the

14-13    exemption and the individual first qualified for the exemption

14-14    after the beginning  of that year, except as provided by Subsection

14-15    (k), the amount to which the surviving spouse's school district

14-16    taxes are limited under Subsection (i) is the amount of school

14-17    district taxes imposed on the residence homestead in that year

14-18    calculated under Section 26.112 as if the individual qualifying for

14-19    the exemption had lived for the entire year.

14-20          (k)  If in the first tax year after the year in which an

14-21    individual dies in the circumstances described by Subsection (j)

14-22    the amount of school district taxes imposed on the residence

14-23    homestead of the surviving spouse is less than the amount of school

14-24    district taxes imposed in the preceding year as limited by

14-25    Subsection (j), in a subsequent tax year the surviving spouse's

 15-1    school district taxes on that residence homestead are limited to

 15-2    the amount of taxes imposed by the district in that first tax year

 15-3    after the year in which the individual dies.

 15-4          SECTION 12.  If the constitutional amendment proposed by

 15-5    H.J.R. No. 4, Acts of the 75th Legislature, Regular Session, 1997,

 15-6    is not approved by the voters and the constitutional amendment

 15-7    proposed by S.J.R. No. 43, Acts of the 75th Legislature, Regular

 15-8    Session, 1997, is approved by the voters, Section 11.26, Tax Code,

 15-9    is amended by amending Subsections (a) and (b) and adding

15-10    Subsections (g), (h), (i), (j), and (k) to read as follows:

15-11          (a)  Except as provided by Subsection (b) [of this section],

15-12    a school district may not increase the total annual amount of ad

15-13    valorem tax it imposes on the residence homestead of an individual

15-14    65 years or older above the amount of the tax it imposed in the

15-15    first year the individual qualified that residence homestead for

15-16    the exemption provided by [Subsection (c) of] Section 11.13(c) for

15-17    an individual 65 years of age or older [11.13 of this code].  If

15-18    the individual qualified that residence homestead for the exemption

15-19    after the beginning of that first year, the maximum amount of taxes

15-20    that a school district may impose on that residence homestead in a

15-21    subsequent year is determined as provided by Section 26.112 as if

15-22    the individual qualified that residence homestead for the exemption

15-23    for that entire first year, except as provided by Subsection (b).

15-24    If the individual qualified that residence homestead for the

15-25    exemption after the beginning of that first year and the residence

 16-1    homestead remains eligible for the exemption for the next year and

 16-2    if the school district taxes imposed on the residence homestead in

 16-3    the next year are less than the amount of taxes imposed in that

 16-4    first year, a school district may not subsequently increase the

 16-5    total annual amount of ad valorem taxes it imposes on the residence

 16-6    homestead above the amount it imposed in the year immediately

 16-7    following the first year for which the individual qualified that

 16-8    residence homestead for the exemption, except as provided by

 16-9    Subsection (b).  The tax officials shall continue to appraise the

16-10    property and to calculate taxes as on other property, but if the

16-11    tax so calculated exceeds the limitation imposed by this section,

16-12    the tax imposed is the tax imposed in the first year the individual

16-13    qualified the residence homestead for the exemption.

16-14          (b)  If an individual makes improvements to the individual's

16-15    [his] residence homestead, other than improvements required to

16-16    comply with governmental requirements or repairs, the school

16-17    district may increase the tax on the homestead in the first year

16-18    the value of the homestead is increased on the appraisal roll

16-19    because of the enhancement of value by the improvements.  The

16-20    amount of the tax increase is determined by applying the current

16-21    tax rate to the difference in the assessed value of the homestead

16-22    with the improvements and the assessed value it would have had

16-23    without the improvements.  A limitation [The limitations] imposed

16-24    by [Subsection (a) of] this section then applies [apply] to the

16-25    increased amount of tax until more improvements, if any, are made.

 17-1          (g)  Except as provided by Subsection (b), if an individual

 17-2    who receives a limitation on tax increases imposed by this section

 17-3    subsequently qualifies a different residence homestead for an

 17-4    exemption under Section 11.13, a school district may not impose ad

 17-5    valorem taxes on the subsequently qualified homestead in a year in

 17-6    an amount that exceeds the amount of taxes the school district

 17-7    would have imposed on the subsequently qualified homestead in the

 17-8    first year in which the individual receives that exemption for the

 17-9    subsequently qualified homestead had the limitation on tax

17-10    increases imposed by this section not been in effect, multiplied by

17-11    a fraction the numerator of which is the total amount of school

17-12    district taxes imposed on the former homestead in the last year in

17-13    which the individual received that exemption for the former

17-14    homestead and the denominator of which is the total amount of

17-15    school district taxes that would have been imposed on the former

17-16    homestead in the last year in which the individual received that

17-17    exemption for the former homestead had the limitation on tax

17-18    increases imposed by this section not been in effect.

17-19          (h)  An individual who receives a limitation on tax increases

17-20    under this section and who subsequently qualifies a different

17-21    residence homestead for an exemption under Section 11.13, or an

17-22    agent of the individual, is entitled to receive from the chief

17-23    appraiser of the appraisal district in which the former homestead

17-24    was located a written certificate providing the information

17-25    necessary to determine whether the individual may qualify for a

 18-1    limitation on the subsequently qualified homestead under Subsection

 18-2    (g) and to calculate the amount of taxes the school district may

 18-3    impose on the subsequently qualified homestead.

 18-4          (i)  If an individual who qualifies for the exemption

 18-5    provided by Section 11.13(c) for an individual 65 years of age or

 18-6    older dies, the surviving spouse of the individual is entitled to

 18-7    the limitation applicable to the residence homestead of the

 18-8    individual if:

 18-9                (1)  the surviving spouse is 55 years of age or older

18-10    when the individual dies; and

18-11                (2)  the residence homestead of the individual:

18-12                      (A)  is the residence homestead of the surviving

18-13    spouse on the date that the individual dies; and

18-14                      (B)  remains the residence homestead of the

18-15    surviving spouse.

18-16          (j)  If an individual who qualifies for an exemption provided

18-17    by Section 11.13(c) for an individual 65 years of age or older dies

18-18    in the first year in which the individual qualified for the

18-19    exemption and the individual first qualified for the exemption

18-20    after the beginning  of that year, except as provided by Subsection

18-21    (k), the amount to which the surviving spouse's school district

18-22    taxes are limited under Subsection (i) is the amount of school

18-23    district taxes imposed on the residence homestead in that year

18-24    calculated under Section 26.112 as if the individual qualifying for

18-25    the exemption had lived for the entire year.

 19-1          (k)  If in the first tax year after the year in which an

 19-2    individual dies in the circumstances described by Subsection (j)

 19-3    the amount of school district taxes imposed on the residence

 19-4    homestead of the surviving spouse is less than the amount of school

 19-5    district taxes imposed in the preceding year as limited by

 19-6    Subsection (j), in a subsequent tax year the surviving spouse's

 19-7    school district taxes on that residence homestead are limited to

 19-8    the amount of taxes imposed by the district in that first tax year

 19-9    after the year in which the individual dies.

19-10          SECTION 13.  If neither the constitutional amendment proposed

19-11    by H.J.R. No. 4, Acts of the 75th Legislature, Regular Session,

19-12    1997, nor the constitutional amendment proposed by S.J.R. No. 43,

19-13    Acts of the 75th Legislature, Regular Session, 1997, is approved by

19-14    the voters, Section 11.26, Tax Code, is amended by amending

19-15    Subsection (a) and adding Subsections (g), (h), and (i) to read as

19-16    follows:

19-17          (a)  Except as provided by Subsection (b) [of this section],

19-18    a school district may not increase the total annual amount of ad

19-19    valorem tax it imposes on the residence homestead of an individual

19-20    65 years or older above the amount of the tax it imposed in the

19-21    first year the individual qualified that residence homestead for

19-22    the exemption provided by [Subsection (c) of] Section 11.13(c) for

19-23    an individual 65 years of age or older [11.13 of this code].  If

19-24    the individual qualified that residence homestead for the exemption

19-25    after the beginning of that first year, the maximum amount of taxes

 20-1    that a school district may impose on that residence homestead in a

 20-2    subsequent year is determined as provided by Section 26.112 as if

 20-3    the individual qualified that residence homestead for the exemption

 20-4    for that entire first year, except as provided by Subsection (b).

 20-5    If the individual qualified that residence homestead for the

 20-6    exemption after the beginning of that first year and the residence

 20-7    homestead remains eligible for the exemption for the next year and

 20-8    if the school district taxes imposed on the residence homestead in

 20-9    the next year are less than the amount of taxes imposed in that

20-10    first year, a school district may not subsequently increase the

20-11    total annual amount of ad valorem taxes it imposes on the residence

20-12    homestead above the amount it imposed in the year immediately

20-13    following the first year for which the individual qualified that

20-14    residence homestead for the exemption, except as provided by

20-15    Subsection (b).  The tax officials shall continue to appraise the

20-16    property and to calculate taxes as on other property, but if the

20-17    tax so calculated exceeds the limitation imposed by this section,

20-18    the tax imposed is the tax imposed in the first year the individual

20-19    qualified the residence homestead for the exemption.

20-20          (g)  If an individual who qualifies for the exemption

20-21    provided by Section 11.13(c) for an individual 65 years of age or

20-22    older dies, the surviving spouse of the individual is entitled to

20-23    the limitation applicable to the residence homestead of the

20-24    individual if:

20-25                (1)  the surviving spouse is 55 years of age or older

 21-1    when the individual dies; and

 21-2                (2)  the residence homestead of the individual:

 21-3                      (A)  is the residence homestead of the surviving

 21-4    spouse on the date that the individual dies; and

 21-5                      (B)  remains the residence homestead of the

 21-6    surviving spouse.

 21-7          (h)  If an individual who qualifies for an exemption provided

 21-8    by Section 11.13(c) for an individual 65 years of age or older dies

 21-9    in the first year in which the individual qualified for the

21-10    exemption and the individual first qualified for the exemption

21-11    after the beginning  of that year, except as provided by Subsection

21-12    (i), the amount to which the surviving spouse's school district

21-13    taxes are limited under Subsection (g) is the amount of school

21-14    district taxes imposed on the residence homestead in that year

21-15    calculated under Section 26.112 as if the individual qualifying for

21-16    the exemption had lived for the entire year.

21-17          (i)  If in the first tax year after the year in which an

21-18    individual dies in the circumstances described by Subsection (h)

21-19    the amount of school district taxes imposed on the residence

21-20    homestead of the surviving spouse is less than the amount of school

21-21    district taxes imposed in the preceding year as limited by

21-22    Subsection (h), in a subsequent tax year the surviving spouse's

21-23    school district taxes on that residence homestead are limited to

21-24    the amount of taxes imposed by the district in that first tax year

21-25    after the year in which the individual dies.

 22-1          SECTION 14.  If the constitutional amendment proposed by

 22-2    S.J.R. No. 43, Acts of the 75th Legislature, Regular Session, 1997,

 22-3    is approved by the voters, Section 11.26, Tax Code, is amended on

 22-4    the effective date of the constitutional amendment by adding

 22-5    Subsection (l) to read as follows:

 22-6          (l)  For purposes of the limitation on tax increases provided

 22-7    by Subsection (g) as added by this Act or by H.B. No. 4, Acts of

 22-8    the 75th Legislature, Regular Session, 1997, as applicable, the

 22-9    governing body of a school district in a county with a population

22-10    of fewer than 75,000 in a manner provided by law for official

22-11    action by the governing body may elect to apply the limitation

22-12    provided by Subsection (g) to the residence homestead of an

22-13    individual as if that subsection were in effect on January 1, 1993.

22-14    The governing body must make the election before January 1, 1999.

22-15    The election applies only to taxes imposed in a tax year that

22-16    begins after the tax year in which the election is made.

22-17          SECTION 15.  Section 11.41, Tax Code, is amended to read as

22-18    follows:

22-19          Sec. 11.41.  Partial Ownership of Exempt Property.  (a)  If

22-20    [Except as provided by Subsection (b) of this section, if] a person

22-21    who qualifies for an exemption as provided by this chapter is not

22-22    the sole owner of the property to which the exemption applies, the

22-23    exemption shall be multiplied by a fraction, the numerator of which

22-24    is [limited to] the value of the property interest the person owns

22-25    and the denominator of which is the value of the property.

 23-1          (b)  [If a person who qualifies for an exemption as provided

 23-2    by Section 11.13 or 11.22 of this code is not the sole owner of the

 23-3    property to which the exemption applies, the amount of the

 23-4    exemption is calculated on the basis of the value of the property

 23-5    interest the person owns.]

 23-6          [(c)]  In the application of this section, community

 23-7    ownership by a person who qualifies for the exemption and the

 23-8    person's [his] spouse is treated as if the person owns the

 23-9    community interest of the person's [his] spouse.

23-10          SECTION 16.  Section 11.42, Tax Code, is amended by amending

23-11    Subsection (b) and adding Subsection (c) to read as follows:

23-12          (b)  An exemption authorized by Section 11.11 or by Section

23-13    11.13(c) or (d) for an individual 65 years of age or older [of this

23-14    code] is effective immediately on qualification for the exemption.

23-15          (c)  A person who acquires property after January 1 of a tax

23-16    year may receive an exemption authorized by Section 11.17, 11.18,

23-17    11.19, 11.20, 11.21, 11.23, or 11.30 for the applicable portion of

23-18    that tax year immediately on qualification for the exemption.

23-19          SECTION 17.  Sections 11.421 and 11.422, Tax Code, are

23-20    amended to read as follows:

23-21          Sec. 11.421.  Qualification of Religious Organization.

23-22    (a)  If the chief appraiser denies a timely filed application for

23-23    an exemption under Section 11.20 [of this code] for an organization

23-24    that otherwise qualified for the exemption on January 1 of the year

23-25    but that did not satisfy the requirements of Subsection (c)(4)

 24-1    [(c)(3)] of that section on that date, the organization is eligible

 24-2    for the exemption for the tax year if the organization:

 24-3                (1)  satisfies the requirements of Section 11.20(c)(4)

 24-4    [11.20(c)(3) of this code] before the later of [the following

 24-5    dates]:

 24-6                      (A)  June 1 of the year to which the exemption

 24-7    applies; or

 24-8                      (B)  the 60th [30th] day after the date the chief

 24-9    appraiser notifies the organization of its failure to comply with

24-10    those requirements; and

24-11                (2)  within the time provided by Subdivision (1) [of

24-12    this subsection] files with the chief appraiser a new completed

24-13    application for the exemption together with an affidavit stating

24-14    that the organization has complied with the requirements of Section

24-15    11.20(c)(4) [11.20(c)(3) of this code].

24-16          (b)  If the chief appraiser cancels an exemption for a

24-17    religious organization under Section 11.20 [of this code] that was

24-18    erroneously allowed in a tax year because he determines that the

24-19    organization did not satisfy the requirements of Section

24-20    11.20(c)(4) [11.20(c)(3)] on January 1 of that year, the

24-21    organization is eligible for the exemption for that tax year if the

24-22    organization:

24-23                (1)  was otherwise qualified for the exemption;

24-24                (2)  satisfies the requirements of Section 11.20(c)(4)

24-25    [11.20(c)(3) of this code] on or before the 60th [30th] day after

 25-1    the date the chief appraiser notifies the organization of the

 25-2    cancellation; and

 25-3                (3)  within the time provided by Subdivision (2) [of

 25-4    this subsection] files with the chief appraiser a new completed

 25-5    application for the exemption together with an affidavit stating

 25-6    that the organization has complied with the requirements of Section

 25-7    11.20(c)(4) [11.20(c)(3) of this code].

 25-8          Sec. 11.422.  Qualifications of a School.  (a)  If the chief

 25-9    appraiser denies a timely filed application for an exemption under

25-10    Section 11.21 [of this code] for a school that otherwise qualified

25-11    for the exemption on January 1 of the year but that did not satisfy

25-12    the requirements of Subsection (d)(5) [(d)(3)] of that section on

25-13    that date, the school is eligible for the exemption for the tax

25-14    year if the school:

25-15                (1)  satisfies the requirements of Section 11.21(d)(5)

25-16    [11.21(d)(3) of this code] before the later of [the following

25-17    dates]:

25-18                      (A)  July 1 of the year for which the exemption

25-19    applies; or

25-20                      (B)  the 60th [30th] day after the date the chief

25-21    appraiser notifies the school of its failure to comply with those

25-22    requirements; and

25-23                (2)  within the time provided by Subdivision (1) [of

25-24    this subsection], files with the chief appraiser a new completed

25-25    application for the exemption together with an affidavit stating

 26-1    that the school has complied with the requirements of Section

 26-2    11.21(d)(5) [11.21(d)(3) of this code].

 26-3          (b)  If the chief appraiser cancels an exemption for a school

 26-4    under Section 11.21 [of this code] that was erroneously allowed in

 26-5    a tax year because the appraiser determines that the school did not

 26-6    satisfy the requirements of Section 11.21(d)(5) [11.21(d)(3) of

 26-7    this code] on January 1 of that year, the school is eligible for

 26-8    the exemption for that tax year if the school:

 26-9                (1)  was otherwise qualified for the exemption;

26-10                (2)  satisfies the requirements of Section 11.21(d)(5)

26-11    [11.21(d)(3) of this code] on or before the 30th day after the date

26-12    the chief appraiser notifies the school of the cancellation; and

26-13                (3)  in the time provided in Subdivision (2) [of this

26-14    subsection] files with the chief appraiser a new completed

26-15    application stating that the school has complied with the

26-16    requirements of Section 11.21(d)(5) [11.21(d)(3) of this code].

26-17          SECTION 18.  Subchapter C, Chapter 11, Tax Code, is amended

26-18    by adding Sections 11.423 and 11.424 to read as follows:

26-19          Sec. 11.423.  QUALIFICATION OF CHARITABLE ORGANIZATION OR

26-20    YOUTH ASSOCIATION.  (a)  If the chief appraiser denies a timely

26-21    filed application for an exemption under Section 11.18 or 11.19 for

26-22    an organization or association that otherwise qualified for the

26-23    exemption on January 1 of the year but that did not satisfy the

26-24    requirements of Section 11.18(f)(2) or 11.19(d)(5), as appropriate,

26-25    on that date, the organization or association is eligible for the

 27-1    exemption for the tax year if the organization or association:

 27-2                (1)  satisfies the requirements of Section 11.18(f)(2)

 27-3    or 11.19(d)(5), as appropriate, before the later of:

 27-4                      (A)  June 1 of the year to which the exemption

 27-5    applies; or

 27-6                      (B)  the 60th day after the date the chief

 27-7    appraiser notifies the organization or association of its failure

 27-8    to comply with those requirements; and

 27-9                (2)  within the time provided by Subdivision (1) files

27-10    with the chief appraiser a new completed application for the

27-11    exemption together with an affidavit stating that the organization

27-12    or association has complied with the requirements of Section

27-13    11.18(f)(2) or 11.19(d)(5), as appropriate.

27-14          (b)  If the chief appraiser cancels an exemption for an

27-15    organization or association under Section 11.18 or 11.19 that was

27-16    erroneously allowed in a tax year because the chief appraiser

27-17    determines that the organization or association did not satisfy the

27-18    requirements of Section 11.18(f)(2) or 11.19(d)(5), as appropriate,

27-19    on January 1 of that year, the organization or association is

27-20    eligible for the exemption for that tax year if the organization or

27-21    association:

27-22                (1)  was otherwise qualified for the exemption;

27-23                (2)  satisfies the requirements of Section 11.18(f)(2)

27-24    or 11.19(d)(5), as appropriate, on or before the 60th day after the

27-25    date the chief appraiser notifies the organization or association

 28-1    of the cancellation; and

 28-2                (3)  within the time provided by Subdivision (2) files

 28-3    with the chief appraiser a new completed application for the

 28-4    exemption together with an affidavit stating that the organization

 28-5    or association has complied with the requirements of Section

 28-6    11.18(f)(2) or 11.19(d)(5), as appropriate.

 28-7          Sec. 11.424.  CONFLICT BETWEEN GOVERNING REGULATION OF

 28-8    NONPROFIT ORGANIZATION, ASSOCIATION, OR ENTITY AND CONTRACT WITH

 28-9    UNITED STATES.  To the extent of a conflict between a provision in

28-10    a contract entered into by an organization, association, or entity

28-11    with the United States and a provision in the charter, a bylaw, or

28-12    other regulation adopted by the organization or entity to govern

28-13    its affairs in compliance with Section 11.18(f)(2), 11.19(d)(5),

28-14    11.20(c)(4), or 11.21(d)(5), the existence of the contract or the

28-15    organization's compliance with the contract does not affect the

28-16    eligibility of the organization, association, or entity to receive

28-17    an exemption under the applicable section of this code, and the

28-18    organization, association, or entity may comply with the provision

28-19    in the contract instead of the conflicting provision in the

28-20    charter, bylaw, or other regulation.

28-21          SECTION 19.  Section 11.43, Tax Code, is amended by amending

28-22    Subsections (d) and (f) and adding Subsections (j) and (k) to read

28-23    as follows:

28-24          (d)  To receive an exemption the eligibility for which is

28-25    determined by the claimant's qualifications on January 1 of the tax

 29-1    year, a [A] person required to claim an exemption must file a

 29-2    completed exemption application form before May 1 and must furnish

 29-3    the information required by the form.  A person who after January 1

 29-4    of a tax year acquires property that qualifies for an exemption

 29-5    covered by Section 11.42(c) must apply for the exemption for the

 29-6    applicable portion of that tax year before the first anniversary of

 29-7    the date the person acquires the property.  For good cause shown

 29-8    the chief appraiser may extend the deadline for filing an exemption

 29-9    application by written order for a single period not to exceed 60

29-10    days.

29-11          (f)  The comptroller, in prescribing the contents of the

29-12    application form for each kind of exemption, shall ensure that the

29-13    form requires an applicant to furnish the information necessary to

29-14    determine the validity of the exemption claim.  The form must

29-15    require an applicant to provide the applicant's name and driver's

29-16    license number, personal identification certificate number, or

29-17    social security account number.  The comptroller shall include on

29-18    the forms a notice of the penalties prescribed by Section 37.10,

29-19    Penal Code, for making or filing an application containing a false

29-20    statement.  The comptroller shall include, on application forms for

29-21    exemptions that do not have to be claimed annually, a statement

29-22    explaining that the application need not be made annually and that

29-23    if the exemption is allowed, the applicant has a duty to notify the

29-24    chief appraiser when the applicant's [his] entitlement to the

29-25    exemption ends.  In this subsection:

 30-1                (1)  "Driver's license" has the meaning assigned that

 30-2    term by Section 521.001, Transportation Code.

 30-3                (2)  "Personal identification certificate" means a

 30-4    certificate issued by the Department of Public Safety under

 30-5    Subchapter E, Chapter 521, Transportation Code.

 30-6          (j)  An application for an exemption under Section 11.13

 30-7    must:

 30-8                (1)  list each owner of the residence homestead and the

 30-9    interest of each owner;

30-10                (2)  state that the applicant does not claim an

30-11    exemption under that section on another residence homestead;

30-12                (3)  state that each fact contained in the application

30-13    is true; and

30-14                (4)  include a sworn statement that the applicant has

30-15    read and understands the notice of the penalties required by

30-16    Subsection (f).

30-17          (k)  A person who qualifies for the exemption authorized by

30-18    Section 11.13(c) or (d) for an individual 65 years of age or older

30-19    for a portion of a tax year must apply for the exemption no later

30-20    than the first anniversary of the date the person qualified for the

30-21    exemption.

30-22          SECTION 20.  Subsection (a), Section 22.23, Tax Code, is

30-23    amended to read as follows:

30-24          (a)  Rendition statements and property reports must be

30-25    delivered to the chief appraiser after January 1 and not later than

 31-1    [before] April 15, except as provided by Section 22.02 [of this

 31-2    code].

 31-3          SECTION 21.  Subsection (b), Section 23.01, Tax Code, is

 31-4    amended to read as follows:

 31-5          (b)  The market value of property shall be determined by the

 31-6    application of generally accepted appraisal methods and techniques.

 31-7    If the appraisal district determines the appraised value of a

 31-8    property using mass appraisal standards, the mass appraisal

 31-9    standards must comply with the Uniform Standards of Professional

31-10    Appraisal Practice.  The[, and the] same or similar appraisal

31-11    methods and techniques shall be used in appraising the same or

31-12    similar kinds of property.  However, each property shall be

31-13    appraised based upon the individual characteristics that affect the

31-14    property's market value.

31-15          SECTION 22.  Subchapter A, Chapter 23, Tax Code, is amended

31-16    by adding Sections 23.0101, 23.011, 23.012, and 23.013 to read as

31-17    follows:

31-18          Sec. 23.0101.  CONSIDERATION OF ALTERNATE APPRAISAL METHODS.

31-19    In determining the market value of property, the chief appraiser

31-20    shall consider the cost, income, and market data comparison methods

31-21    of appraisal and use the method the chief appraiser considers most

31-22    appropriate.

31-23          Sec. 23.011.  COST METHOD OF APPRAISAL.  If the chief

31-24    appraiser uses the cost method of appraisal to determine the market

31-25    value of real property, the chief appraiser shall:

 32-1                (1)  use cost data obtained from generally accepted

 32-2    sources;

 32-3                (2)  make any appropriate adjustment for physical,

 32-4    functional, or economic obsolescence;

 32-5                (3)  make available to the public on request cost data

 32-6    developed and used by the chief appraiser as applied to all

 32-7    properties within a property category and may charge a reasonable

 32-8    fee to the public for the data;

 32-9                (4)  clearly state the reason for any variation between

32-10    generally accepted cost data and locally produced cost data if the

32-11    data vary by more than 10 percent; and

32-12                (5)  make available to the property owner on request

32-13    all applicable market data that demonstrate the difference between

32-14    the replacement cost of the improvements to the property and the

32-15    depreciated value of the improvements.

32-16          Sec. 23.012.  INCOME METHOD OF APPRAISAL.  If the chief

32-17    appraiser uses the income method of appraisal to determine the

32-18    market value of real property, the chief appraiser shall:

32-19                (1)  use rental income and expense data pertaining to

32-20    the property if possible and applicable;

32-21                (2)  make any projections of future rental income and

32-22    expenses only from clear and appropriate evidence;

32-23                (3)  use data from generally accepted sources in

32-24    determining an appropriate capitalization rate; and

32-25                (4)  determine a capitalization rate for

 33-1    income-producing property that includes a reasonable return on

 33-2    investment, taking into account the risk associated with the

 33-3    investment.

 33-4          Sec. 23.013.  MARKET DATA COMPARISON METHOD OF APPRAISAL.  If

 33-5    the chief appraiser uses the market data comparison method of

 33-6    appraisal to determine the market value of real property, the chief

 33-7    appraiser shall use comparable sales data if possible and shall

 33-8    adjust the comparable sales to the subject property.

 33-9          SECTION 23.  Subchapter B, Chapter 23, Tax Code, is amended

33-10    by adding Sections 23.21 and 23.22 to read as follows:

33-11          Sec. 23.21.  LAND USE OF WHICH IS RESTRICTED BY GOVERNMENTAL

33-12    ENTITY.  In appraising land the use of which is subject to a

33-13    restriction that is imposed by a governmental entity and to which

33-14    the owner of the land has not consented, including a restriction to

33-15    preserve wildlife habitat, the chief appraiser shall consider the

33-16    effect of the restriction on the value of the property.

33-17          Sec. 23.22.  PROPERTY USED TO PROVIDE AFFORDABLE HOUSING.  In

33-18    appraising real property that is rented or leased to a low-income

33-19    individual or family meeting income-eligibility standards

33-20    established by a governmental entity or under a governmental

33-21    contract for affordable housing limiting the amount that the

33-22    individual or family may be required to pay for the rental or lease

33-23    of the property, the chief appraiser shall take into account the

33-24    extent to which that use and limitation reduce the market value of

33-25    the property.

 34-1          SECTION 24.  Section 25.19, Tax Code, is amended by amending

 34-2    Subsections (b) and (i) and adding Subsections (j) and (k) to read

 34-3    as follows:

 34-4          (b)  The chief appraiser shall separate real from personal

 34-5    property and include in the notice for each:

 34-6                (1)  a list of the taxing units in which the property

 34-7    is taxable;

 34-8                (2)  the appraised value of the property in the

 34-9    preceding year;

34-10                (3)  the [assessed and] taxable value of the property

34-11    in the preceding year for each taxing unit taxing the property;

34-12                (4)  the appraised value of the property for the

34-13    current year and the kind and amount of each partial exemption, if

34-14    any, approved for the current year;

34-15                (5)  if the appraised value is greater than it was in

34-16    the preceding year:

34-17                      (A)  the effective tax rate that would be

34-18    announced pursuant to Chapter 26 [Section 26.04 of this code] if

34-19    the total values being submitted to the appraisal review board were

34-20    to be approved by the board with an explanation that that rate

34-21    would raise the same amount of revenue from property taxed in the

34-22    preceding year as the unit raised for those purposes in the

34-23    preceding year;

34-24                      (B)  the amount of tax that would be imposed on

34-25    the property on the basis of the rate described by Paragraph (A)

 35-1    [of this subdivision]; and

 35-2                      (C)  a statement that the governing body of the

 35-3    unit may not adopt a rate that will increase tax revenues above tax

 35-4    revenues for [operating purposes from properties taxed in] the

 35-5    preceding year without publishing notice in a newspaper that it is

 35-6    considering a tax increase and holding a hearing for taxpayers to

 35-7    discuss the tax increase;

 35-8                (6)  in italic typeface, the following statement:  "The

 35-9    Texas Legislature does not set the amount of your local taxes.

35-10    Your property tax burden is decided by your locally elected

35-11    officials, and all inquiries concerning your taxes should be

35-12    directed to those officials";

35-13                (7)  a detailed [brief] explanation of the time and

35-14    procedure for protesting the value;

35-15                (8)  the date and place the appraisal review board will

35-16    begin hearing protests; and

35-17                (9)  a brief explanation that:

35-18                      (A)  the governing body of each taxing unit

35-19    decides whether or not taxes on the property will increase and the

35-20    appraisal district only determines the value of the property; and

35-21                      (B)  a taxpayer who objects to increasing taxes

35-22    and government expenditures should complain to the governing bodies

35-23    of the taxing units and only complaints about value should be

35-24    presented to the appraisal office and the appraisal review board.

35-25          (i)  By May 15 or as soon thereafter as practicable, the

 36-1    chief appraiser shall deliver a written notice to the owner of each

 36-2    property not included in a notice required to be delivered under

 36-3    Subsection (a), if the property was reappraised in the current tax

 36-4    year, if the ownership of the property changed during the preceding

 36-5    year, or if the property owner or the agent of a property owner

 36-6    authorized under Section 1.111 makes a written request for the

 36-7    notice.  The chief appraiser shall separate real from personal

 36-8    property and include in the notice for each property:

 36-9                (1)  the appraised value of the property in the

36-10    preceding year;

36-11                (2)  the appraised value of the property for the

36-12    current year and the kind of each partial exemption, if any,

36-13    approved for the current year;

36-14                (3)  a detailed [brief] explanation of the time and

36-15    procedure for protesting the value; and

36-16                (4)  the date and place the appraisal review board will

36-17    begin hearing protests.

36-18          (j)  Delivery with a notice required by Subsection (a) or (i)

36-19    of a copy of the pamphlet published by the comptroller under

36-20    Section 5.06 or a copy of the notice published by the chief

36-21    appraiser under Section 41.70 is sufficient to comply with the

36-22    requirement that the notice include the information specified by

36-23    Subsection (b)(7) or (i)(3), as applicable.

36-24          (k)  The chief appraiser shall include with a notice required

36-25    by Subsection (a) or (i):

 37-1                (1)  a copy of a notice of protest form as prescribed

 37-2    by the comptroller under Section 41.44(d); and

 37-3                (2)  instructions for completing and mailing the form

 37-4    to the appraisal review board and requesting a hearing on the

 37-5    protest.

 37-6          SECTION 25.  Section 25.195, Tax Code, is amended to read as

 37-7    follows:

 37-8          Sec. 25.195.  INSPECTION BY PROPERTY OWNER.  (a)  After the

 37-9    chief appraiser has submitted the appraisal records to the

37-10    appraisal review board as provided by Section 25.22(a) [of this

37-11    code], a property owner or the owner's [his] designated agent may

37-12    inspect the appraisal records relating to property of the property

37-13    owner, together with supporting data, [and] schedules, and, except

37-14    as provided by Subsection (b), any other material or information

37-15    held by the chief appraiser, including material or information

37-16    obtained under Section 22.27, that is obtained or used in making

37-17    appraisals for the appraisal records relating to that property.

37-18          (b)  The owner of property other than vacant land or real

37-19    property used for residential purposes or the owner's agent may not

37-20    inspect any material or information obtained under Section 22.27.

37-21          SECTION 26.  Section 25.25, Tax Code, is amended by amending

37-22    Subsection (e) and adding Subsections (l) and (m) to read as

37-23    follows:

37-24          (e)  If the chief appraiser and the property owner do not

37-25    agree to the correction before the 15th day after the date the

 38-1    motion is filed, a [A] party bringing a motion under Subsection (c)

 38-2    or (d) [of this section] is entitled on request to a hearing on and

 38-3    a determination of the motion by the appraisal review board.  A

 38-4    party bringing a motion under this section must describe the error

 38-5    or errors that the motion is seeking to correct.  Not later than 15

 38-6    days before the date of the hearing, the board shall [must] deliver

 38-7    written notice of the date, time, and place of the hearing to the

 38-8    chief appraiser, the property owner, and the presiding officer of

 38-9    the governing body of each taxing unit in which the property is

38-10    located.  The chief appraiser, the property owner, and each taxing

38-11    unit are entitled to present evidence and argument at the hearing

38-12    and to receive written notice of the board's determination of the

38-13    motion.  A property owner who files the motion must comply with the

38-14    payment requirements of Section 42.08 [of this code] or forfeit the

38-15    [he forfeits his] right to a final determination of the motion.

38-16          (l)  A motion may be filed under Subsection (c) regardless of

38-17    whether, for a tax year to which the motion relates, the owner of

38-18    the property protested under Chapter 41 an action relating to the

38-19    value of the property that is the subject of the motion.

38-20          (m)  The hearing on a motion under Subsection (c) or (d)

38-21    shall be conducted in the manner provided by Subchapter C, Chapter

38-22    41.

38-23          SECTION 27.  Subsection (d), Section 26.05, Tax Code, is

38-24    amended to read as follows:

38-25          (d)  The governing body may not adopt a tax rate that if

 39-1    applied to the total taxable value would impose an amount of taxes

 39-2    that exceeds last year's levy [exceeds the lower of the rollback

 39-3    tax rate or 103 percent of the effective tax rate calculated as

 39-4    provided by Section 26.04 of this code] until it has held a public

 39-5    hearing on the proposed tax rate [increase] and has otherwise

 39-6    complied with Section 26.06 [of this code.  The governing body of a

 39-7    taxing unit shall reduce a tax rate set by law or by vote of the

 39-8    electorate to the lower of the rollback tax rate or 103 percent of

 39-9    the effective tax rate and may not adopt a higher rate unless it

39-10    first complies with Section 26.06 of this code].

39-11          SECTION 28.  Subsection (b), Section 26.06, Tax Code, as

39-12    amended by Chapters 456 and 947, Acts of the 70th Legislature,

39-13    Regular Session, 1987, is amended to read as follows:

39-14          (b)  The notice of a public hearing may not be smaller than

39-15    one-quarter page of a standard-size or a tabloid-size newspaper,

39-16    and the headline on the notice must be in 18-point or larger type.

39-17    The notice must:

39-18                (1)  contain a statement in the following form:

39-19                 "NOTICE OF PUBLIC HEARING ON TAX INCREASE

39-20          "The (name of the taxing unit) will hold a public hearing on

39-21    a proposal to increase total tax revenues from properties on the

39-22    tax roll [in (the preceding year)] by (percentage by which taxes to

39-23    be imposed under proposed tax rate exceed last year's levy [of

39-24    increase over the lower of the effective or rollback tax rates])

39-25    percent.  Your individual taxes may increase [at a greater or

 40-1    lesser rate,] or [even] decrease, depending on the change in the

 40-2    taxable value of your property in relation to the change in taxable

 40-3    value of all other property and the tax rate that is adopted.

 40-4          "The public hearing will be held on (date and time) at

 40-5    (meeting place).

 40-6          "(Names of all members of the governing body, showing how

 40-7    each voted on the proposal to consider the [tax] increase in total

 40-8    tax revenues or, if one or more were absent, [or] indicating the

 40-9    absences.)"; and

40-10                (2)  contain the following information:

40-11                      (A)  the unit's adopted tax rate for the

40-12    preceding year and the proposed tax rate, expressed as an amount

40-13    per $100;

40-14                      (B)  the difference, expressed as an amount per

40-15    $100 and as a percent increase or decrease, as applicable, in the

40-16    proposed tax rate compared to the adopted tax rate for the

40-17    preceding year;

40-18                      (C)  the average appraised value of a residence

40-19    homestead in the taxing unit in the preceding year and in the

40-20    current year;  the unit's homestead exemption, other than an

40-21    exemption available only to disabled persons or persons 65 years of

40-22    age or older, applicable to that appraised value in each of those

40-23    years; and the average taxable value of a residence homestead in

40-24    the unit in each of those years, disregarding any homestead

40-25    exemption available only to disabled persons or persons 65 years of

 41-1    age or older;

 41-2                      (D)  the amount of tax that would have been

 41-3    imposed by the unit in the preceding year on a residence homestead

 41-4    appraised at the average appraised value of a residence homestead

 41-5    in that year, disregarding any homestead exemption available only

 41-6    to disabled persons or persons 65 years of age or older;

 41-7                      (E)  the amount of tax that would be imposed by

 41-8    the unit in the current year on a residence homestead appraised at

 41-9    the average appraised value of a residence homestead in the current

41-10    year, disregarding any homestead exemption available only to

41-11    disabled persons or persons 65 years of age or older, if the

41-12    proposed tax rate is adopted; and

41-13                      (F)  the difference between the amounts of tax

41-14    calculated under Paragraphs (D) and (E) of this subdivision,

41-15    expressed in dollars and cents and described as the annual increase

41-16    or decrease, as applicable, in the tax to be imposed by the unit on

41-17    the average residence homestead in the unit in the current year if

41-18    the proposed tax rate is adopted.

41-19          SECTION 29.  Subsections (d), (e), and (g), Section 26.06,

41-20    Tax Code, are amended to read as follows:

41-21          (d)  At the public hearing the governing body shall announce

41-22    the date, time, and place of the meeting at which it will vote on

41-23    the proposed tax rate to increase total tax revenues [rate

41-24    increase].  After the hearing it shall give notice of the meeting

41-25    at which it will vote on the proposed tax rate to increase total

 42-1    tax revenues [rate] and the notice shall be in the same form as

 42-2    prescribed by Subsections (b) and (c) [of this section], except

 42-3    that it must state the following:

 42-4                        "NOTICE OF VOTE ON TAX RATE

 42-5          "The (name of the taxing unit) conducted a public hearing on

 42-6    a proposal to increase the total tax revenues of the (name of the

 42-7    taxing unit) [your property taxes] by (percentage by which taxes to

 42-8    be imposed under proposed tax rate exceed last year's levy [of

 42-9    increase over the lower of the effective tax rate or rollback tax

42-10    rate]) percent on (date and time public hearing was conducted).

42-11          "The (governing body of the taxing unit) is scheduled to vote

42-12    on the tax rate that will result in that tax increase at a public

42-13    meeting to be held on (date and time) at (meeting place)."

42-14          (e)  The meeting to vote on the increase may not be earlier

42-15    than the third day or later than the 14th day after the date of the

42-16    public hearing.  The meeting must be held inside the boundaries of

42-17    the unit in a publicly owned building or, if a suitable publicly

42-18    owned building is not available, in a suitable building to which

42-19    the public normally has access.  If the governing body does not

42-20    adopt a [an increased] rate that would impose an amount of taxes

42-21    that exceeds last year's levy by the 14th day, it must give a new

42-22    notice under Subsection (d) [of this section] before it may adopt a

42-23    rate that would impose an amount of taxes that exceeds last year's

42-24    levy [exceeds the tax rate calculated as provided by Section 26.04

42-25    of this code].

 43-1          (f) [(g)]  The comptroller by rule shall prescribe the

 43-2    language and format to be used in the part of the notice required

 43-3    by Subsection (b)(2) [of this section].  A notice under Subsection

 43-4    (b) is not valid if it does not substantially conform to the

 43-5    language and format prescribed by the comptroller under this

 43-6    subsection.

 43-7          SECTION 30.  Section 26.10, Tax Code, is amended to read as

 43-8    follows:

 43-9          Sec. 26.10.  Prorating Taxes--Loss of Exemption.  (a)  If the

43-10    appraisal roll shows that a property is eligible for taxation for

43-11    only part of a year because an exemption, other than a residence

43-12    homestead exemption, applicable on January 1 of that year

43-13    terminated during the year, the tax due against the property is

43-14    calculated by multiplying the tax due for the entire year as

43-15    determined as provided by Section 26.09 of this code by a fraction,

43-16    the denominator of which is 365 and the numerator of which is the

43-17    number of days the exemption is not applicable.

43-18          (b)  If the appraisal roll shows that a property is eligible

43-19    for taxation at its full appraised value for only part of a year

43-20    because a residence homestead exemption for an individual 65 years

43-21    of age or older applicable on January 1 of that year terminated

43-22    during the year, the tax due against the property is calculated by:

43-23                (1)  subtracting:

43-24                      (A)  the amount of the taxes that otherwise would

43-25    be imposed on the residence homestead for the entire year had the

 44-1    individual qualified for the residence homestead exemption for the

 44-2    entire year; from

 44-3                      (B)  the amount of the taxes that otherwise would

 44-4    be imposed on the residence homestead for the entire year had the

 44-5    individual not qualified for the residence homestead exemption

 44-6    during the year;

 44-7                (2)  multiplying the remainder determined under

 44-8    Subdivision (1) by a fraction, the denominator of which is 365 and

 44-9    the numerator of which is the number of days that elapsed after the

44-10    date the exemption terminated; and

44-11                (3)  adding the product determined under Subdivision

44-12    (2) and the amount described by Subdivision (1)(B).

44-13          SECTION 31.  Chapter 26, Tax Code, is amended by adding

44-14    Sections 26.112 and 26.113 to read as follows:

44-15          Sec. 26.112.  PRORATING TAXES--QUALIFICATION BY ELDERLY

44-16    PERSON FOR 65 OR OVER RESIDENCE HOMESTEAD EXEMPTION.  If an

44-17    individual qualifies for the exemption under Section 11.13(c) or

44-18    (d) for an individual 65 years of age or older after the beginning

44-19    of a tax year, the amount of the taxes due on the residence

44-20    homestead of the individual for the tax year is calculated by:

44-21                (1)  subtracting:

44-22                      (A)  the amount of the taxes that otherwise would

44-23    be imposed on the residence homestead for the entire year had the

44-24    individual qualified for the residence homestead exemption on

44-25    January 1; from

 45-1                      (B)  the amount of the taxes that otherwise would

 45-2    be imposed on the residence homestead for the entire year had the

 45-3    individual not qualified for the residence homestead exemption;

 45-4                (2)  multiplying the remainder determined under

 45-5    Subdivision (1) by a fraction, the denominator of which is 365 and

 45-6    the numerator of which is the number of days that elapsed prior to

 45-7    the date that the individual qualified for the exemption; and

 45-8                (3)  adding the product determined under Subdivision

 45-9    (2) and the amount described by Subdivision (1)(A).

45-10          Sec. 26.113.  PRORATING TAXES--ACQUISITION BY NONPROFIT

45-11    ORGANIZATION.  (a)  If a person acquires taxable property that

45-12    qualifies for and is granted an exemption covered by Section

45-13    11.42(c) for a portion of the year in which the property was

45-14    acquired, the amount of tax due on the property for that year is

45-15    computed by multiplying the amount of taxes imposed on the property

45-16    for the entire year as provided by Section 26.09 by a fraction, the

45-17    denominator of which is 365 and the numerator of which is the

45-18    number of days in that year before the date the property qualified

45-19    for the exemption.

45-20          (b)  If the exemption terminates during the year of

45-21    acquisition, the tax due is computed by multiplying the taxes

45-22    imposed for the entire year as provided by Section 26.09 by a

45-23    fraction, the denominator of which is 365 and the numerator of

45-24    which is the number of days the property does not qualify for the

45-25    exemption.

 46-1          SECTION 32.  Subsection (c), Section 31.01, Tax Code, is

 46-2    amended to read as follows:

 46-3          (c)  The tax bill or a separate statement accompanying the

 46-4    tax bill shall:

 46-5                (1)  identify the property subject to the tax;

 46-6                (2)  state the appraised value, assessed value, and

 46-7    taxable value of the property;

 46-8                (3)  if the property is land appraised as provided by

 46-9    Subchapter C, D, or E, Chapter 23 of this code, state the market

46-10    value and the taxable value for purposes of deferred or additional

46-11    taxation as provided by Section 23.46, 23.55, or 23.76, as

46-12    applicable, of this code;

46-13                (4)  state the assessment ratio for the unit;

46-14                (5)  state the type and amount of any partial exemption

46-15    applicable to the property, indicating whether it applies to

46-16    appraised or assessed value;

46-17                (6)  state the total tax rate for the unit;

46-18                (7)  state the amount of tax due, the due date, and the

46-19    delinquency date;

46-20                (8)  explain the payment option and discounts provided

46-21    by Sections 31.03 and 31.05 of this code, if available to the

46-22    unit's taxpayers, and state the date on which each of the discount

46-23    periods provided by Section 31.05 concludes, if the discounts are

46-24    available;

46-25                (9)  state the rates of penalty and interest imposed

 47-1    for delinquent payment of the tax; [and]

 47-2                (10)  include the name and telephone number of the

 47-3    assessor for the unit and, if different, of the collector for the

 47-4    unit; and

 47-5                (11)  include any other information required by the

 47-6    comptroller.

 47-7          SECTION 33.  Section 33.01, Tax Code, is amended by adding

 47-8    Subsections (d) and (e) to read as follows:

 47-9          (d)  In lieu of the penalty imposed under Subsection (a), a

47-10    delinquent tax incurs a penalty of 50 percent of the amount of the

47-11    tax without regard to the number of months the tax has been

47-12    delinquent if the tax is delinquent because the property owner

47-13    received an exemption under:

47-14                (1)  Section 11.13 and the chief appraiser subsequently

47-15    cancels the exemption because the residence was not the principal

47-16    residence of the property owner and the property owner received an

47-17    exemption for two or more additional residence homesteads for the

47-18    tax year in which the tax was imposed;

47-19                (2)  Section 11.13(c) or (d) for a person who is 65

47-20    years of age or older and the chief appraiser subsequently cancels

47-21    the exemption because the property owner was younger than 65 years

47-22    of age; or

47-23                (3)  Section 11.13(q) and the chief appraiser

47-24    subsequently cancels the exemption because the property owner was

47-25    younger than 55 years of age when the property owner's spouse died.

 48-1          (e)  A penalty imposed under Subsection (d) does not apply

 48-2    if:

 48-3                (1)  the exemption was granted by the appraisal

 48-4    district or board and not at the request or application of the

 48-5    property owner or the property owner's agent; or

 48-6                (2)  at any time before the date the tax becomes

 48-7    delinquent, the property owner gives to the chief appraiser of the

 48-8    appraisal district in which the property is located written notice

 48-9    of circumstances that would disqualify the owner for the exemption.

48-10          SECTION 34.  The heading to Section 33.06, Tax Code, is

48-11    amended to read as follows:

48-12          Sec. 33.06.  DEFERRED COLLECTION OF [CERTAIN] TAXES ON

48-13    RESIDENCE HOMESTEAD OF ELDERLY PERSON.

48-14          SECTION 35.  Subsection (c), Section 33.06, Tax Code, is

48-15    amended to read as follows:

48-16          (c)  To obtain an abatement, the individual must file in the

48-17    court in which suit is pending an affidavit stating the facts

48-18    required to be established by Subsection (a) of this section.  If

48-19    no controverting affidavit is filed by the taxing unit filing suit

48-20    or if, after a hearing, the court finds the individual is entitled

48-21    to the deferral, the court shall abate the suit until the

48-22    individual no longer owns and occupies the property as a residence

48-23    homestead.  The clerk of the court shall deliver a copy of the

48-24    judgment abating the suit to the chief appraiser of each appraisal

48-25    district that appraises the property.

 49-1          SECTION 36.  Subchapter A, Chapter 33, Tax Code, is amended

 49-2    by adding Section 33.065 to read as follows:

 49-3          Sec. 33.065.  DEFERRED COLLECTION OF TAXES ON APPRECIATING

 49-4    RESIDENCE HOMESTEAD.  (a)  An individual is entitled to defer or

 49-5    abate a suit to collect a delinquent tax imposed on the portion of

 49-6    the appraised value of property the individual owns and occupies as

 49-7    the individual's residence homestead that exceeds the sum of:

 49-8                (1)  105 percent of the appraised value of the property

 49-9    for the preceding year; and

49-10                (2)  the market value of all new improvements to the

49-11    property.

49-12          (b)  An individual may not obtain a deferral or abatement

49-13    under this section, and any deferral or abatement previously

49-14    received expires, if the taxes on the portion of the appraised

49-15    value of the property that does not exceed the amount provided by

49-16    Subsection (a) are delinquent.

49-17          (c)  To obtain a deferral, an individual must file with the

49-18    chief appraiser for the appraisal district in which the property is

49-19    located an affidavit stating the facts required to be established

49-20    by Subsection (a).  The chief appraiser shall notify each taxing

49-21    unit participating in the district of the filing.  After an

49-22    affidavit is filed under this subsection, a taxing unit may not

49-23    file suit to collect delinquent taxes on the property for which

49-24    collection is deferred until the individual no longer owns and

49-25    occupies the property as a residence homestead.

 50-1          (d)  To obtain an abatement, the individual must file in the

 50-2    court in which the delinquent tax suit is pending an affidavit

 50-3    stating the facts required to be established by Subsection (a).  If

 50-4    the taxing unit that filed the suit does not file a controverting

 50-5    affidavit or if, after a hearing, the court finds the individual is

 50-6    entitled to the deferral, the court shall abate the suit until the

 50-7    individual no longer owns and occupies the property as the

 50-8    individual's residence homestead.  The clerk of the court shall

 50-9    deliver a copy of the judgment abating the suit to the chief

50-10    appraiser of each appraisal district that appraises the property.

50-11          (e)  A deferral or abatement under this section applies only

50-12    to ad valorem taxes imposed beginning with the tax year following

50-13    the first tax year the individual entitled to the deferral or

50-14    abatement qualifies the property for an exemption under Section

50-15    11.13.  For purposes of this subsection, the owner of a residence

50-16    homestead that is qualified for an exemption under Section 11.13 on

50-17    January 1, 1998, is considered to have qualified the property for

50-18    the first time in the 1997 tax year.

50-19          (f)  If the collection of delinquent taxes on the property

50-20    was deferred in a prior tax year and the sum of the amounts

50-21    described by Subsections (a)(1) and (2) exceeds the appraised value

50-22    of the property for the current tax year, the amount of taxes the

50-23    collection of which may be deferred is reduced by the amount

50-24    calculated by multiplying the taxing unit's tax rate for the

50-25    current year by the amount by which that sum exceeds the appraised

 51-1    value of the property.

 51-2          (g)  A tax lien remains on the property and interest

 51-3    continues to accrue during the period collection of delinquent

 51-4    taxes is deferred as provided by this section.  The annual interest

 51-5    rate during the deferral period is eight percent instead of the

 51-6    rate provided by Section 33.01.  A penalty may not be imposed on

 51-7    the delinquent taxes for which collection is deferred during a

 51-8    deferral period.  The additional penalty provided by Section 33.07

 51-9    may be imposed only if the delinquent taxes for which collection is

51-10    deferred remain delinquent on or after the 91st day after the date

51-11    the deferral period expires.  A plea of limitation, laches, or want

51-12    of prosecution does not apply against the taxing unit because of

51-13    deferral of collection as provided by this section.

51-14          (h)  Each year the chief appraiser for each appraisal

51-15    district shall publicize in a manner reasonably designed to notify

51-16    all residents of the county for which the appraisal district is

51-17    established of the provisions of this section and, specifically,

51-18    the method by which an eligible person may obtain a deferral.

51-19          (i)  In this section:

51-20                (1)  "New improvement" means an improvement to a

51-21    residence homestead that is made after the appraisal of the

51-22    property for the preceding year and that increases the market value

51-23    of the property.  The term does not include ordinary maintenance of

51-24    an existing structure or the grounds or another feature of the

51-25    property.

 52-1                (2)  "Residence homestead" has the meaning assigned

 52-2    that term by Section 11.13.

 52-3          SECTION 37.  Sections 41.01 and 41.43, Tax Code, are amended

 52-4    to read as follows:

 52-5          Sec. 41.01.  DUTIES OF APPRAISAL REVIEW BOARD.  (a)  The

 52-6    appraisal review board shall:

 52-7                (1)  determine protests initiated by property owners;

 52-8                (2)  determine challenges initiated by taxing units;

 52-9                (3)  correct clerical errors in the appraisal records

52-10    and the appraisal rolls;

52-11                (4)  act on motions to correct appraisal rolls under

52-12    Section 25.25;

52-13                (5)  determine whether an exemption or a partial

52-14    exemption is improperly granted and whether land is improperly

52-15    granted appraisal as provided by Subchapter C, D, or E, Chapter 23;

52-16    and

52-17                (6)  take any other action or make any other

52-18    determination that this title specifically authorizes or requires.

52-19          (b)  The board may not review or reject an agreement between

52-20    a property owner or the owner's agent and the chief appraiser under

52-21    Section 1.111(e).

52-22          Sec. 41.43.  PROTEST OF DETERMINATION OF VALUE OR INEQUALITY

52-23    OF APPRAISAL.  (a)  In a protest authorized by Section 41.41(1) or

52-24    (2), the appraisal district has the burden of establishing the

52-25    value of the property by a preponderance of the evidence presented

 53-1    at the hearing.  If the appraisal district fails to meet that

 53-2    standard, the protest shall be determined in favor of the property

 53-3    owner.

 53-4          (b)  A protest on the ground of unequal appraisal of property

 53-5    shall be determined in favor of the protesting party unless [if]

 53-6    the appraisal district [protesting party] establishes that the

 53-7    appraisal ratio of the property is not greater than the median

 53-8    level of appraisal of:

 53-9                (1)  a reasonable and representative sample of other

53-10    properties in the appraisal district; [or]

53-11                (2)  a sample of properties in the appraisal district

53-12    consisting of a reasonable number of other properties similarly

53-13    situated to, or of the same general kind or character as, the

53-14    property subject to the protest; or

53-15                (3)  a reasonable number of comparable properties

53-16    appropriately adjusted.

53-17          (c)  For purposes of this section, evidence includes the

53-18    data, schedules, formulas, or other information used to establish

53-19    the matter at issue.

53-20          SECTION 38.  Section 41.45, Tax Code, is amended by adding

53-21    Subsections (g) and (h) to read as follows:

53-22          (g)  In addition to the grounds for a postponement under

53-23    Subsection (e), the board shall postpone the hearing to a later

53-24    date if:

53-25                (1)  the owner of the property or the owner's agent is

 54-1    also scheduled to appear at a hearing on a protest filed with the

 54-2    appraisal review board of another appraisal district;

 54-3                (2)  the hearing before the other appraisal review

 54-4    board is scheduled to occur on the same date as the hearing set by

 54-5    the appraisal review board from which the postponement is sought;

 54-6                (3)  the notice of hearing delivered to the property

 54-7    owner or the owner's agent by the other appraisal review board

 54-8    bears an earlier postmark than the notice of hearing delivered by

 54-9    the board from which the postponement is sought or, if the date of

54-10    the postmark is identical, the property owner or agent has not

54-11    requested a postponement of the other hearing; and

54-12                (4)  the property owner or the owner's agent includes

54-13    with the request for a postponement a copy of the notice of hearing

54-14    delivered to the property owner or the owner's agent by the other

54-15    appraisal review board.

54-16          (h)  Before the hearing on a protest or immediately after the

54-17    hearing begins, the chief appraiser and the property owner or the

54-18    owner's agent shall each provide the other with a copy of any

54-19    written material that the person intends to offer or submit to the

54-20    appraisal review board at the hearing.

54-21          SECTION 39.  Subsection (a), Section 41.46, Tax Code, is

54-22    amended to read as follows:

54-23          (a)  The appraisal review board before which a protest

54-24    hearing is scheduled shall deliver written notice to the property

54-25    owner initiating a protest of the date, time, and place fixed for

 55-1    the hearing on the protest unless the property owner waives in

 55-2    writing notice of the hearing.  The board shall deliver the notice

 55-3    not later than the 15th day before the date of the hearing.

 55-4          SECTION 40.  Subchapter D, Chapter 41, Tax Code, is amended

 55-5    by adding Section 41.71 to read as follows:

 55-6          Sec. 41.71.  EVENING AND WEEKEND HEARINGS.  An appraisal

 55-7    review board by rule shall provide for hearings on protests in the

 55-8    evening or on a Saturday or Sunday.

 55-9          SECTION 41.  Sections 42.01 and 42.06, Tax Code, are amended

55-10    to read as follows:

55-11          Sec. 42.01.  RIGHT OF APPEAL BY PROPERTY OWNER.  A property

55-12    owner is entitled to appeal:

55-13                (1)  an order of the appraisal review board

55-14    determining:

55-15                      (A)  a protest by the property owner as provided

55-16    by Subchapter C of Chapter 41 [of this code]; or

55-17                      (B)  a determination of an appraisal review board

55-18    on a motion filed under Section 25.25; or

55-19                (2)  [an order of the comptroller determining a protest

55-20    by the property owner of the appraisal, interstate allocation, or

55-21    intrastate apportionment of transportation business intangibles as

55-22    provided by Subchapter A, Chapter 24 of this code; or]

55-23                [(3)]  an order of the comptroller issued as provided

55-24    by Subchapter B, Chapter 24, [of this code] apportioning among the

55-25    counties the appraised value of railroad rolling stock owned by the

 56-1    property owner.

 56-2          Sec. 42.06.  NOTICE OF APPEAL.  (a)  To exercise the party's

 56-3    right to appeal an order of an appraisal review board, a party

 56-4    other than a property owner must file written notice of appeal

 56-5    within 15 days after the date the party receives the notice

 56-6    required by Section 41.47 or, in the case of a taxing unit, by

 56-7    Section 41.07 that the order appealed has been issued.  To exercise

 56-8    the right to appeal an order of the comptroller, a party other than

 56-9    a property owner must file written notice of appeal within 15 days

56-10    after the date the party receives the comptroller's order.  A

56-11    property owner is not required to file a notice of appeal under

56-12    this section.

56-13          (b)  [The owner of an item of property having an appraised

56-14    value in excess of $1 million who appeals an order of the appraisal

56-15    review board or comptroller under this chapter must file a written

56-16    notice of appeal not later than the 15th day after the date the

56-17    owner receives the notice required by Section 41.47 or the order of

56-18    the comptroller, as applicable.  A property owner who fails to

56-19    comply with this subsection does not forfeit the right to appeal,

56-20    but is liable for a penalty to each taxing unit in which the

56-21    property is taxable in an amount equal to five percent of the taxes

56-22    finally determined to be due on the property.  For purposes of this

56-23    subsection, the appraised value of the property is its appraised

56-24    value for the current year according to the certified appraisal

56-25    roll or the determination of the comptroller, as applicable, as

 57-1    modified by order of the appraisal review board or comptroller

 57-2    pursuant to a protest.]

 57-3          [(c)]  A party required to file a notice of appeal under this

 57-4    section other than a chief appraiser who appeals an order of an

 57-5    appraisal review board shall file the notice with the chief

 57-6    appraiser of the appraisal district for which the appraisal review

 57-7    board is established.  A chief appraiser who appeals an order of an

 57-8    appraisal review board shall file the notice with the appraisal

 57-9    review board.  A party who appeals an order of the comptroller

57-10    shall file the notice with the comptroller.

57-11          (c) [(d)]  If the chief appraiser, a taxing unit, or a county

57-12    appeals, the chief appraiser, if the appeal is of an order of the

57-13    appraisal review board, or the comptroller, if the appeal is of an

57-14    order of the comptroller, shall deliver a copy of the notice to the

57-15    property owner whose property is involved in the appeal within 10

57-16    days after the date the notice is filed.

57-17          (d) [(e)]  On the filing of a notice of appeal, the chief

57-18    appraiser shall indicate where appropriate those entries on the

57-19    appraisal records that are subject to the appeal.

57-20          SECTION 42.  Section 42.26, Tax Code, is amended by adding

57-21    Subsection (d) to read as follows:

57-22          (d)  The district court shall grant relief on the ground that

57-23    a property is appraised unequally if the appraised value of the

57-24    property exceeds the median appraised value of a reasonable number

57-25    of comparable properties appropriately adjusted.

 58-1          SECTION 43.  Subsection (b), Section 42.43, Tax Code, is

 58-2    amended to read as follows:

 58-3          (b)  For a refund made under this section because an

 58-4    exemption under Section 11.20 that was denied by the chief

 58-5    appraiser or appraisal review board is granted, the taxing unit

 58-6    shall include with the refund interest on the amount refunded

 58-7    calculated at an annual rate that is equal to the auction average

 58-8    rate quoted on a bank discount basis for three-month treasury bills

 58-9    issued by the United States government, as published by the Federal

58-10    Reserve Board, for the week in which the taxes became delinquent,

58-11    but not more than 10 percent, calculated from the delinquency date

58-12    for the taxes until the date the refund is made.  For any other

58-13    refund made under this section, the taxing unit shall include with

58-14    the refund interest on the amount refunded at an annual rate of

58-15    [that is equal to the auction average rate quoted on a bank

58-16    discount basis for three-month treasury bills issued by the United

58-17    States government, as published by the Federal Reserve Board, for

58-18    the week in which the taxes became delinquent, but not more than]

58-19    eight percent, calculated from the delinquency date for the taxes

58-20    until the date the refund is made.

58-21          SECTION 44.  Subsection (d), Section 403.302, Government

58-22    Code, is amended to read as follows:

58-23          (d)  For the purposes of this section, "taxable value" means

58-24    market value less:

58-25                (1)  the total dollar amount of any exemptions of part

 59-1    but not all of the value of taxable property required by the

 59-2    constitution or a statute that a district lawfully granted in the

 59-3    year that is the subject of the study;

 59-4                (2)  the total dollar amount of any exemptions granted

 59-5    before May 31, 1993, within a reinvestment zone under agreements

 59-6    authorized by Chapter 312, Tax Code;

 59-7                (3)  the total dollar amount of any captured appraised

 59-8    value of property that is located in a reinvestment zone and that

 59-9    is eligible for tax increment financing under Chapter 311, Tax

59-10    Code;

59-11                (4)  the total dollar amount of any exemptions granted

59-12    under Section 11.251, Tax Code;

59-13                (5)  the difference between the market value and the

59-14    productivity value of land that qualifies for appraisal on the

59-15    basis of its productive capacity, except that the productivity

59-16    value may not exceed the fair market value of the land;

59-17                (6)  the portion of the appraised value of residence

59-18    homesteads of the elderly on which school district taxes are not

59-19    imposed in the year that is the subject of the study, calculated as

59-20    if the residence homesteads were appraised at the full value

59-21    required by law;

59-22                (7)  a portion of the market value of property not

59-23    otherwise fully taxable by the district at market value because of

59-24    action required by statute or the constitution of this state that,

59-25    if the tax rate adopted by the district is applied to it, produces

 60-1    an amount equal to the difference between the tax that the district

 60-2    would have imposed on the property if the property were fully

 60-3    taxable at market value and the tax that the district is actually

 60-4    authorized to impose on the property; [and]

 60-5                (8)  the market value of all tangible personal

 60-6    property, other than manufactured homes, owned by a family or

 60-7    individual and not held or used for the production of income;

 60-8                (9)  the appraised value of property the collection of

 60-9    delinquent taxes on which is deferred under Section 33.06, Tax

60-10    Code;

60-11                (10)  the portion of the appraised value of property

60-12    the collection of delinquent taxes on which is deferred under

60-13    Section 33.065, Tax Code; and

60-14                (11)  the amount by which the market value of a

60-15    residence homestead to which Section 23.23, Tax Code, applies

60-16    exceeds the appraised value of that property as calculated under

60-17    that section.

60-18          SECTION 45.  Chapter 550, Acts of the 63rd Legislature,

60-19    Regular Session, 1973 (Article 2372p-3, Vernon's Texas Civil

60-20    Statutes), is amended by adding Section 6A to read as follows:

60-21          Sec. 6A.  REAPPRAISAL OF REAL PROPERTY.  An appraisal

60-22    district may not reappraise real property solely because the owner

60-23    of the property is an applicant for or the holder of a license

60-24    under this Act.  This section does not prohibit an appraisal

60-25    district from reappraising real property in connection with the

 61-1    appraisal of real property in the same general area or if requested

 61-2    to do so by the board or by the applicant or license holder.

 61-3          SECTION 46.  Section 1.12, Tax Code, is amended by adding

 61-4    Subsection (d) to read as follows:

 61-5          (d)  For purposes of this section, the appraisal ratio of a

 61-6    homestead to which Section 23.23 applies is the ratio of the

 61-7    property's market value as determined by the appraisal district or

 61-8    appraisal review board, as applicable, to the market value of the

 61-9    property according to law.  The appraisal ratio is not calculated

61-10    according to the appraised value of the property as limited by

61-11    Section 23.23.

61-12          SECTION 47.  Subchapter B, Chapter 23, Tax Code, is amended

61-13    by adding Section 23.23 to read as follows:

61-14          Sec. 23.23.  LIMITATION ON APPRAISED VALUE OF RESIDENCE

61-15    HOMESTEAD.  (a)  The appraised value of a residence homestead for a

61-16    tax year may not exceed the lesser of:

61-17                (1)  the market value of the property; or

61-18                (2)  the sum of:

61-19                      (A)  10 percent of the appraised value of the

61-20    property for the last year in which the property was appraised for

61-21    taxation times the number of years since the property was last

61-22    appraised;

61-23                      (B)  the appraised value of the property for the

61-24    last year in which the property was appraised; and

61-25                      (C)  the market value of all new improvements to

 62-1    the property.

 62-2          (b)  When appraising a residence homestead, the chief

 62-3    appraiser shall:

 62-4                (1)  appraise the property at its market value; and

 62-5                (2)  include in the appraisal records both the market

 62-6    value of the property and the amount computed under Subsection

 62-7    (a)(2).

 62-8          (c)  The limitation provided by Subsection (a) takes effect

 62-9    as to a residence homestead on January 1 of the tax year following

62-10    the first tax year the owner qualifies the property for an

62-11    exemption under Section 11.13.  The limitation expires on January 1

62-12    of the first tax year that neither the owner of the property when

62-13    the limitation took effect nor the owner's spouse or surviving

62-14    spouse qualifies for an exemption under Section 11.13.

62-15          (d)  This section does not apply to property appraised under

62-16    Subchapter C, D, E, F, or G.

62-17          (e)  In this section, "new improvement" means an improvement

62-18    to a residence homestead that is made after the appraisal of the

62-19    property for the preceding year and that increases the market value

62-20    of the property.  The term does not include ordinary maintenance of

62-21    an existing structure or the grounds or another feature of the

62-22    property.

62-23          SECTION 48.  Section 26.052, Tax Code, is repealed.

62-24          SECTION 49.  Subsection (j), Section 23.55, Tax Code, as

62-25    added by Chapter 471, Acts of the 74th Legislature, 1995, applies

 63-1    to a change of use of land:

 63-2                (1)  on or after June 12, 1995; or

 63-3                (2)  before June 12, 1995, if:

 63-4                      (A)  the change of use occurred on or after June

 63-5    12, 1990; and

 63-6                      (B)  on June 12, 1995, the owner of the land had

 63-7    not been determined to be liable for the sanctions provided by

 63-8    Subsection (a), Section 23.55, Tax Code, by a final and

 63-9    nonappealable order or judgment.

63-10          SECTION 50.  (a)  Except as otherwise provided by this

63-11    section or another provision of this Act, this Act takes effect

63-12    January 1, 1998.

63-13          (b)  This Act applies to each tax year that begins on or

63-14    after the effective date of this Act.  The changes in law made by

63-15    this Act do not apply to ad valorem taxes imposed before the

63-16    effective date of this Act, and the law as it existed before the

63-17    effective date of this Act is continued in effect for those

63-18    purposes.

63-19          (c)  The change in law made by this Act to Section 6.41, Tax

63-20    Code, relating to the qualifications of an appraisal review board

63-21    member applies only to the appointment of a member on or after the

63-22    effective date of this Act.

63-23          (d)  The change in law made by this Act to Section 11.43, Tax

63-24    Code, applies only to an application for an exemption from ad

63-25    valorem taxation filed on or after the effective date of this Act.

 64-1    An application for an exemption from ad valorem taxation filed

 64-2    before the effective date of this Act is covered by the law in

 64-3    effect on the date the application was filed, and that law is

 64-4    continued in effect for that purpose.

 64-5          (e)  The change in law made by this Act to Section 25.25, Tax

 64-6    Code, applies only to a motion to correct an appraisal roll filed

 64-7    on or after the effective date of this Act.  A motion filed before

 64-8    the effective date of this Act is covered by the law in effect when

 64-9    the motion was filed, and that law is continued in effect for that

64-10    purpose.

64-11          (f)  The change in law made by the addition by this Act of

64-12    Subsection (d), Section 33.01, Tax Code, applies only to a penalty

64-13    incurred on ad valorem taxes that become delinquent on or after the

64-14    effective date of this Act.  A penalty incurred on ad valorem taxes

64-15    that became delinquent before the effective date of this Act is

64-16    covered by the law in effect when the taxes became delinquent, and

64-17    that law is continued in effect for that purpose.

64-18          (g)  Sections 37 through 40 of this Act apply only to a

64-19    protest of a property appraisal the notice of which is filed on or

64-20    after the effective date of this Act.  A protest of a property

64-21    appraisal the notice of which is filed before the effective date of

64-22    this Act is covered by the law in effect when the notice of protest

64-23    was filed, and the former law is continued in effect for that

64-24    purpose.

64-25          SECTION 51.  The importance of this legislation and the

                                                                S.B. No. 841

 65-1    crowded condition of the calendars in both houses create an

 65-2    emergency and an imperative public necessity that the

 65-3    constitutional rule requiring bills to be read on three several

 65-4    days in each house be suspended, and this rule is hereby suspended.

         ________________________________   ________________________________

            President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 841 passed the Senate on

         April 22, 1997, by the following vote:  Yeas 30, Nays 0;

         May 28, 1997, Senate refused to concur in House amendments and

         requested appointment of Conference Committee; May 29, 1997, House

         granted request of the Senate; June 1, 1997, Senate adopted

         Conference Committee Report by the following vote:  Yeas 25,

         Nays 1.

                                            _______________________________

                                                Secretary of the Senate

               I hereby certify that S.B. No. 841 passed the House, with

         amendments, on May 25, 1997, by a non-record vote; May 29, 1997,

         House granted request of the Senate for appointment of Conference

         Committee; June 1, 1997, House adopted Conference Committee Report

         by a non-record vote.

                                            _______________________________

                                                Chief Clerk of the House

         Approved:

         ________________________________

                     Date

         ________________________________

                   Governor