1-1     By:  Cain, Harris                                      S.B. No. 841

 1-2           (In the Senate - Filed February 27, 1997; March 5, 1997, read

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

 1-4     April 11, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 12, Nays 0; April 11, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 841                     By:  Cain

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to ad valorem taxation.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  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 six

1-15     [five] directors.  Five directors are appointed by the taxing units

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

1-17     county assessor-collector is an ex officio director.  To be

1-18     eligible to serve on the board of directors, an individual other

1-19     than the county assessor-collector must be a resident of the

1-20     district and must have resided in the district for at least two

1-21     years immediately preceding the date the individual takes office.

1-22     To be eligible to serve on the board of an appraisal district

1-23     established for a county having a population of at least 200,000

1-24     bordering a county having a population of at least 2,000,000 and

1-25     the Gulf of Mexico, an individual other than the assessor-collector

1-26     must be a member of the governing body or an elected officer of a

1-27     taxing unit entitled to vote on the appointment of board members

1-28     under this section. However, an employee of a taxing unit that

1-29     participates in the district is not eligible to serve on the board

1-30     unless the individual is also a member of the governing body or an

1-31     elected official of a taxing unit that participates in the

1-32     district.

1-33           (b)  Members of the board of directors other than the county

1-34     assessor-collector serve two-year terms beginning on January 1 of

1-35     even-numbered years.

1-36           (c)  Members of the board of directors other than the county

1-37     assessor-collector are appointed by vote of the governing bodies of

1-38     the incorporated cities and towns, the school districts, and, if

1-39     entitled to vote, the conservation and reclamation districts that

1-40     participate in the district and of the county.  A governing body

1-41     may cast all its votes for one candidate or distribute them among

1-42     candidates for any number of directorships.  Conservation and

1-43     reclamation districts are not entitled to vote unless at least one

1-44     conservation and reclamation district in the district delivers to

1-45     the chief appraiser a written request to nominate and vote on the

1-46     board of directors by June 1 of each odd-numbered year.  On receipt

1-47     of a request, the chief appraiser shall certify a list by June 15

1-48     of all eligible conservation and reclamation districts that are

1-49     imposing taxes and that participate in the district.

1-50           (l)  If a vacancy occurs on the board of directors other than

1-51     a vacancy in the position held by the county assessor-collector,

1-52     each taxing unit that is entitled to vote by this section may

1-53     nominate by resolution adopted by its governing body a candidate to

1-54     fill the vacancy.  The unit shall submit the name of its nominee to

1-55     the chief appraiser within 10 days after notification from the

1-56     board of directors of the existence of the vacancy, and the chief

1-57     appraiser shall prepare and deliver to the board of directors

1-58     within the next five days a list of the nominees.  The board of

1-59     directors shall elect by majority vote of its members one of the

1-60     nominees to fill the vacancy.

1-61           SECTION 2.  Subsection (a), Section 6.034, Tax Code, is

1-62     amended to read as follows:

1-63           (a)  The taxing units participating in an appraisal district

1-64     may provide that the terms of the appointed members of the board of

 2-1     directors be staggered if the governing bodies of at least

 2-2     three-fourths of the taxing units that are entitled to vote on the

 2-3     appointment of board members adopt resolutions providing for the

 2-4     staggered terms.  A change to staggered terms may be adopted only

 2-5     if the method or procedure for appointing board members is changed

 2-6     under Section 6.031 of this code to eliminate or have the effect of

 2-7     eliminating cumulative voting for board members as provided by

 2-8     Section 6.03 of this code.  A change to staggered terms may be

 2-9     proposed concurrently with a change that eliminates or has the

2-10     effect of eliminating cumulative voting.

2-11           SECTION 3.  Subsection (a), Section 6.04, Tax Code, is

2-12     amended to read as follows:

2-13           (a)  A majority of the appraisal district board of directors

2-14     constitutes a quorum.  The county assessor-collector is the

2-15     chairman of the board.  At its first meeting each calendar year,

2-16     the board shall elect from its members a [chairman and a]

2-17     secretary.

2-18           SECTION 4.  Subsection (c), Section 6.41, Tax Code, is

2-19     amended to read as follows:

2-20           (c)  To be eligible to serve on the board, an individual must

2-21     be a resident of the district and must have resided in the district

2-22     for at least two years.  A member of the appraisal district board

2-23     of directors or an officer or employee of the comptroller, the

2-24     appraisal office, or a taxing unit is ineligible to serve on the

2-25     board.  In an appraisal district established for a county having a

2-26     population of more than 300,000, an individual who has served for

2-27     all or part of three previous terms as a board member or auxiliary

2-28     board member on the appraisal review board or is a former officer

2-29     or employee of a taxing unit is ineligible to serve on the

2-30     appraisal review board.  In an appraisal district established for

2-31     any other county, an individual who has served for all or part of

2-32     three consecutive terms as a board member or auxiliary board member

2-33     on the appraisal review board is ineligible to serve on the

2-34     appraisal review board during a term that begins on the next

2-35     January 1 following the third of those consecutive terms.

2-36           SECTION 5.  Section 6.411, Tax Code, is amended to read as

2-37     follows:

2-38           Sec. 6.411.  AUXILIARY [BOARD] MEMBERS IN CERTAIN COUNTIES.

2-39     (a)  The board of directors of an appraisal district may appoint

2-40     auxiliary members to [the appraisal review board to] hear taxpayer

2-41     protests before the appraisal review board and to assist the board

2-42     in performing its other duties.

2-43           (b)  The number of auxiliary members that may be appointed

2-44     is:

2-45                 (1)  for a county with a population of 1,000,000 or

2-46     more, not more than 66 [30] auxiliary members;

2-47                 (2)  for a county with a population of at least 500,000

2-48     but less than 1,000,000, not more than 45 [20] auxiliary members;

2-49                 (3)  for a county with a population of at least 250,000

2-50     but less than 500,000, not more than 25 [10] auxiliary members; and

2-51                 (4)  for a county with a population of less than

2-52     250,000, not more than 10 [6] auxiliary members.

2-53           (c)  Sections 6.41(c), (d), and (e) and Sections 6.412 and

2-54     6.413 apply to auxiliary [board] members [appointed under this

2-55     section].

2-56           (d)  An auxiliary member [of the appraisal review board

2-57     appointed under this section] may not vote in a determination made

2-58     by the board, may not serve as chairman or secretary of the board,

2-59     and is not included in determining what constitutes a quorum of the

2-60     board or whether a quorum is present at any meeting of the board.

2-61           (e)  An auxiliary member [of the appraisal review board

2-62     appointed under this section] is entitled to make a recommendation

2-63     to the board in a protest heard by the member but is not entitled

2-64     to vote on the determination of the protest by the board.

2-65           (f)  An auxiliary member [of the appraisal review board

2-66     appointed under this section] is entitled to the per diem set by

2-67     the appraisal district budget for each day on which the member

2-68     actively engages in performing the member's duties under Subsection

2-69     (a)  or (e) and is entitled to actual and necessary expenses

 3-1     incurred in performing those duties in the same manner as [other]

 3-2     members of the appraisal review board.

 3-3           SECTION 6.  Subsection (h), Section 11.13, Tax Code, is

 3-4     amended to read as follows:

 3-5           (h)  Joint or community owners may not each receive the same

 3-6     exemption provided by or pursuant to this section for the same

 3-7     residence homestead in the same year.  An eligible disabled person

 3-8     who is 65 or older may not receive both a disabled and an elderly

 3-9     residence homestead exemption but may choose either.  A person may

3-10     not receive an exemption under this section for more than one

3-11     residence homestead in the same year.

3-12           SECTION 7.  Section 11.26, Tax Code, is amended by amending

3-13     Subsection (b) and adding Subsection (g) to read as follows:

3-14           (b)  If an individual makes improvements to the individual's

3-15     [his] residence homestead, other than improvements required to

3-16     comply with governmental requirements or repairs, the school

3-17     district may increase the tax on the homestead in the first year

3-18     the value of the homestead is increased on the appraisal roll

3-19     because of the enhancement of value by the improvements.  The

3-20     amount of the tax increase is determined by applying the current

3-21     tax rate to the difference in the assessed value of the homestead

3-22     with the improvements and the assessed value it would have had

3-23     without the improvements.  The limitations imposed by Subsection

3-24     (a) or (g), as applicable, [of this section] then apply to the

3-25     increased amount of tax until more improvements, if any, are made.

3-26           (g)  Except as provided by Subsection (b), if an individual

3-27     who receives the limitation on tax increases imposed by this

3-28     section subsequently qualifies a different residence homestead for

3-29     an exemption under Section 11.13, a school district may not impose

3-30     ad valorem taxes on the subsequently qualified homestead in a year

3-31     in an amount that exceeds the amount of taxes the school district

3-32     would have imposed on the subsequently qualified homestead in the

3-33     first year in which the individual receives that exemption for the

3-34     subsequently qualified homestead had the limitation on tax

3-35     increases imposed by this section not been in effect, multiplied by

3-36     a fraction the numerator of which is the total amount of school

3-37     district taxes imposed on the former homestead in the last year in

3-38     which the individual received that exemption for the former

3-39     homestead and the denominator of which is the total amount of

3-40     school district taxes that would have been imposed on the former

3-41     homestead in the last year in which the individual received that

3-42     exemption for the former homestead had the limitation on tax

3-43     increases imposed by this section not been in effect.

3-44           SECTION 8.  Section 11.41, Tax Code, is amended to read as

3-45     follows:

3-46           Sec. 11.41.  PARTIAL OWNERSHIP OF EXEMPT PROPERTY.  (a)  If

3-47     [Except as provided by Subsection (b) of this section, if] a person

3-48     who qualifies for an exemption as provided by this chapter is not

3-49     the sole owner of the property to which the exemption applies, the

3-50     exemption shall be multiplied by a fraction, the numerator of which

3-51     is [limited to] the value of the property interest the person owns

3-52     and the denominator of which is the value of the property.

3-53           (b)  [If a person who qualifies for an exemption as provided

3-54     by Section 11.13 or 11.22 of this code is not the sole owner of the

3-55     property to which the exemption applies, the amount of the

3-56     exemption is calculated on the basis of the value of the property

3-57     interest the person owns.]

3-58           [(c)]  In the application of this section, community

3-59     ownership by a person who qualifies for the exemption and the

3-60     person's [his] spouse is treated as if the person owns the

3-61     community interest of the person's [his] spouse.

3-62           SECTION 9.  Section 11.43, Tax Code, is amended by amending

3-63     Subsection (f) and adding Subsection (j) to read as follows:

3-64           (f)  The comptroller, in prescribing the contents of the

3-65     application form for each kind of exemption, shall ensure that the

3-66     form requires an applicant to furnish the information necessary to

3-67     determine the validity of the exemption claim.  The form must

3-68     require an applicant to provide the applicant's name and driver's

3-69     license number, personal identification certificate number, or

 4-1     social security account number.  The comptroller shall include on

 4-2     the forms a notice of the penalties prescribed by Section 37.10,

 4-3     Penal Code, for making or filing an application containing a false

 4-4     statement.  The comptroller shall include, on application forms for

 4-5     exemptions that do not have to be claimed annually, a statement

 4-6     explaining that the application need not be made annually and that

 4-7     if the exemption is allowed, the applicant has a duty to notify the

 4-8     chief appraiser when the applicant's [his] entitlement to the

 4-9     exemption ends.  In this subsection:

4-10                 (1)  "Driver's license" has the meaning assigned that

4-11     term by Section 521.001, Transportation Code.

4-12                 (2)  "Personal identification certificate" means a

4-13     certificate issued by the Department of Public Safety under

4-14     Subchapter E, Chapter 521, Transportation Code.

4-15           (j)  An application for an exemption under Section 11.13

4-16     must:

4-17                 (1)  list each owner of the residence homestead and the

4-18     interest of each owner;

4-19                 (2)  state that the applicant does not claim an

4-20     exemption under that section on another residence homestead;

4-21                 (3)  state that each fact contained in the application

4-22     is true; and

4-23                 (4)  include a signed statement that the applicant has

4-24     read and understands the notice of the penalties required by

4-25     Subsection (f).

4-26           SECTION 10.  Subsection (b), Section 23.01, Tax Code, is

4-27     amended to read as follows:

4-28           (b)  The market value of property shall be determined by the

4-29     application of generally accepted appraisal methods and techniques,

4-30     including the mass appraisal standards recognized by the Uniform

4-31     Standards of Professional Appraisal Practice.  The [and the] same

4-32     or similar appraisal methods and techniques shall be used in

4-33     appraising the same or similar kinds of property.  However, each

4-34     property shall be appraised based upon the individual

4-35     characteristics that affect the property's market value.

4-36           SECTION 11.  Subchapter A, Chapter 23, Tax Code, is amended

4-37     by adding Sections 23.011, 23.012, and 23.013 to read as follows:

4-38           Sec. 23.011.  COST METHOD OF APPRAISAL.  If the chief

4-39     appraiser uses the cost method of appraisal to determine the market

4-40     value of real property, the chief appraiser shall:

4-41                 (1)  use cost data obtained from generally accepted

4-42     sources;

4-43                 (2)  make any appropriate adjustment for physical,

4-44     functional, or economic obsolescence;

4-45                 (3)  make available to the public on request cost data

4-46     developed and used by the chief appraiser and may charge a

4-47     reasonable fee to the public for the data;

4-48                 (4)  clearly state the reason for any variation between

4-49     generally accepted cost data and locally produced cost data if the

4-50     data vary by more than 10 percent; and

4-51                 (5)  make available on request all applicable market

4-52     data that demonstrate the difference between the replacement cost

4-53     of the improvements to the property and the depreciated value of

4-54     the improvements.

4-55           Sec. 23.012.  INCOME METHOD OF APPRAISAL.  If the chief

4-56     appraiser uses the income method of appraisal to determine the

4-57     market value of real property, the chief appraiser shall:

4-58                 (1)  use rental income and expense data pertaining to

4-59     the property if possible and applicable;

4-60                 (2)  make any projections of future rental income and

4-61     expenses only from clear and appropriate evidence;

4-62                 (3)  use data from generally accepted sources in

4-63     determining an appropriate capitalization rate; and

4-64                 (4)  determine a capitalization rate for

4-65     income-producing property that includes a reasonable return on

4-66     investment, taking into account the risk associated with the

4-67     investment.

4-68           Sec. 23.013.  MARKET DATA COMPARISON METHOD OF APPRAISAL.  If

4-69     the chief appraiser uses the market data comparison method of

 5-1     appraisal to determine the market value of real property, the chief

 5-2     appraiser shall use comparable sales data if possible.

 5-3           SECTION 12.  Section 25.19, Tax Code, is amended by amending

 5-4     Subsections (b) and (i) and adding Subsection (j) to read as

 5-5     follows:

 5-6           (b)  The chief appraiser shall separate real from personal

 5-7     property and include in the notice for each:

 5-8                 (1)  a list of the taxing units in which the property

 5-9     is taxable;

5-10                 (2)  the appraised value of the property in the

5-11     preceding year;

5-12                 (3)  the assessed and taxable value of the property in

5-13     the preceding year for each taxing unit taxing the property;

5-14                 (4)  the appraised value of the property for the

5-15     current year and the kind and amount of each partial exemption, if

5-16     any, approved for the current year;

5-17                 (5)  if the appraised value is greater than it was in

5-18     the preceding year:

5-19                       (A)  the effective tax rate that would be

5-20     announced pursuant to Section 26.04 of this code if the total

5-21     values being submitted to the appraisal review board were to be

5-22     approved by the board with an explanation that that rate would

5-23     raise the same amount of revenue from property taxed in the

5-24     preceding year as the unit raised for those purposes in the

5-25     preceding year;

5-26                       (B)  the amount of tax that would be imposed on

5-27     the property on the basis of the rate described by Paragraph (A) of

5-28     this subdivision; and

5-29                       (C)  a statement that the governing body of the

5-30     unit may not adopt a rate that will increase tax revenues for

5-31     operating purposes from properties taxed in the preceding year

5-32     without publishing notice in a newspaper that it is considering a

5-33     tax increase and holding a hearing for taxpayers to discuss the tax

5-34     increase;

5-35                 (6)  in italic typeface, the following statement:  "The

5-36     Texas Legislature does not set the amount of your local taxes.

5-37     Your property tax burden is decided by your locally elected

5-38     officials, and all inquiries concerning your taxes should be

5-39     directed to those officials";

5-40                 (7)  a detailed [brief] explanation of the time and

5-41     procedure for protesting the value;

5-42                 (8)  the date and place the appraisal review board will

5-43     begin hearing protests; and

5-44                 (9)  a brief explanation that:

5-45                       (A)  the governing body of each taxing unit

5-46     decides whether or not taxes on the property will increase and the

5-47     appraisal district only determines the value of the property; and

5-48                       (B)  a taxpayer who objects to increasing taxes

5-49     and government expenditures should complain to the governing bodies

5-50     of the taxing units and only complaints about value should be

5-51     presented to the appraisal office and the appraisal review board.

5-52           (i)  By May 15 or as soon thereafter as practicable, the

5-53     chief appraiser shall deliver a written notice to the owner of each

5-54     property not included in a notice required to be delivered under

5-55     Subsection (a), if the property was reappraised in the current tax

5-56     year, if the ownership of the property changed during the preceding

5-57     year, or if the property owner or the agent of a property owner

5-58     authorized under Section 1.111 makes a written request for the

5-59     notice.  The chief appraiser shall separate real from personal

5-60     property and include in the notice for each property:

5-61                 (1)  the appraised value of the property in the

5-62     preceding year;

5-63                 (2)  the appraised value of the property for the

5-64     current year and the kind of each partial exemption, if any,

5-65     approved for the current year;

5-66                 (3)  a detailed [brief] explanation of the time and

5-67     procedure for protesting the value; and

5-68                 (4)  the date and place the appraisal review board will

5-69     begin hearing protests.

 6-1           (j)  Delivery with a notice required by Subsection (a) or (i)

 6-2     of a copy of the pamphlet published by the comptroller under

 6-3     Section 5.06 is sufficient to comply with the requirement that the

 6-4     notice include the information specified by Subsection (b)(7) or

 6-5     (i)(3), as applicable.

 6-6           SECTION 13.  Section 33.01, Tax Code, is amended by adding

 6-7     Subsections (d) and (e) to read as follows:

 6-8           (d)  In lieu of the penalty imposed under Subsection (a), a

 6-9     delinquent tax incurs a penalty of 50 percent of the amount of the

6-10     tax without regard to the number of months the tax has been

6-11     delinquent if the tax is delinquent because the property owner

6-12     received an exemption under:

6-13                 (1)  Section 11.13 and the chief appraiser subsequently

6-14     cancels the exemption because the residence was not the principal

6-15     residence of the property owner and the property owner received an

6-16     exemption for two or more additional residence homesteads for the

6-17     tax year in which the tax was imposed;

6-18                 (2)  Section 11.13(c) or (d) for a person who is 65 or

6-19     older and the chief appraiser subsequently cancels the exemption

6-20     because the property owner was younger than 65 on the exemption

6-21     qualification date; or

6-22                 (3)  Section 11.13(q) and the chief appraiser

6-23     subsequently cancels the exemption because the property owner was

6-24     younger than 55 when the property owner's spouse died.

6-25           (e)  A penalty imposed under Subsection (d) does not apply

6-26     if, at any time before the date the tax becomes delinquent, the

6-27     property owner gives to the chief appraiser of the appraisal

6-28     district in which the property is located written notice of

6-29     circumstances that would disqualify the owner for the exemption.

6-30           SECTION 14.  The heading to Section 33.06, Tax Code, is

6-31     amended to read as follows:

6-32           Sec. 33.06.  DEFERRED COLLECTION OF [CERTAIN] TAXES ON

6-33     RESIDENCE HOMESTEAD OF ELDERLY PERSON.

6-34           SECTION 15.  Subchapter A, Chapter 33, Tax Code, is amended

6-35     by adding Section 33.065 to read as follows:

6-36           Sec. 33.065.  DEFERRED COLLECTION OF TAXES ON APPRECIATING

6-37     RESIDENCE HOMESTEAD.  (a)  An individual is entitled to defer or

6-38     abate a suit to collect a delinquent tax imposed on the portion of

6-39     the appraised value of property the individual owns and occupies as

6-40     the individual's residence homestead that exceeds the sum of:

6-41                 (1)  105 percent of the appraised value of the property

6-42     for the preceding year; and

6-43                 (2)  the market value of all new improvements to the

6-44     property.

6-45           (b)  An individual may not obtain a deferral or abatement

6-46     under this section if the taxes on the portion of the appraised

6-47     value of the property that does not exceed the amount provided by

6-48     Subsection (a)  are delinquent.

6-49           (c)  To obtain a deferral, an individual must file with the

6-50     chief appraiser for the appraisal district in which the property is

6-51     located an affidavit stating the facts required to be established

6-52     by Subsection (a).  The chief appraiser shall notify each taxing

6-53     unit participating in the district of the filing.  After an

6-54     affidavit is filed under this subsection, a taxing unit may not

6-55     file suit to collect delinquent taxes on the property for which

6-56     collection is deferred until the individual no longer owns and

6-57     occupies the property as a residence homestead.

6-58           (d)  To obtain an abatement, the individual must file in the

6-59     court in which the delinquent tax suit is pending an affidavit

6-60     stating the facts required to be established by Subsection (a).  If

6-61     the taxing unit that filed the suit does not file a controverting

6-62     affidavit or if, after a hearing, the court finds the individual is

6-63     entitled to the deferral, the court shall abate the suit until the

6-64     individual no longer owns and occupies the property as the

6-65     individual's residence homestead.

6-66           (e)  A deferral or abatement under this section applies only

6-67     to ad valorem taxes imposed beginning with the tax year following

6-68     the first tax year the individual entitled to the deferral or

6-69     abatement qualifies the property for an exemption under Section

 7-1     11.13.  For purposes of this subsection, the owner of a residence

 7-2     homestead that is qualified for an exemption under Section 11.13 on

 7-3     January 1, 1998, is considered to have qualified the property for

 7-4     the first time in the 1997 tax year.

 7-5           (f)  A tax lien remains on the property and interest

 7-6     continues to accrue during the period collection of delinquent

 7-7     taxes is deferred as provided by this section.  The annual interest

 7-8     rate during the deferral period is eight percent instead of the

 7-9     rate provided by Section 33.01.  A penalty may not be imposed on

7-10     the delinquent taxes for which collection is deferred during a

7-11     deferral period.  The additional penalty provided by Section 33.07

7-12     may be imposed only if the delinquent taxes for which collection is

7-13     deferred remain delinquent on or after the 91st day after the date

7-14     the deferral period expires.  A plea of limitation, laches, or want

7-15     of prosecution does not apply against the taxing unit because of

7-16     deferral of collection as provided by this section.

7-17           (g)  Each year the chief appraiser for each appraisal

7-18     district shall publicize in a manner reasonably designed to notify

7-19     all residents of the district or county of the provisions of this

7-20     section and, specifically, the method by which eligible persons may

7-21     obtain a deferral.

7-22           (h)  In this section:

7-23                 (1)  "New improvement" means an improvement to a

7-24     residence homestead that is made after the appraisal of the

7-25     property for the preceding year and that increases the market value

7-26     of the property.  The term does not include ordinary maintenance of

7-27     an existing structure or the grounds or another feature of the

7-28     property.

7-29                 (2)  "Residence homestead" has the meaning assigned

7-30     that term by Section 11.13.

7-31           SECTION 16.  Subsection (a), Section 41.46, Tax Code, is

7-32     amended to read as follows:

7-33           (a)  The appraisal review board before which a protest

7-34     hearing is scheduled shall deliver written notice to the property

7-35     owner initiating a protest of the date, time, and place fixed for

7-36     the hearing on the protest unless the property owner waives in

7-37     writing notice of the hearing.  The board shall deliver the notice

7-38     not later than the 15th day before the date of the hearing.

7-39           SECTION 17.  Subchapter D, Chapter 41, Tax Code, is amended

7-40     by adding Section 41.71 to read as follows:

7-41           Sec. 41.71.  EVENING AND WEEKEND HEARINGS.  At the request of

7-42     a property owner, an appraisal review board shall schedule a

7-43     hearing on a protest in the evening or on a Saturday or Sunday.

7-44           SECTION 18.  (a)  Except as otherwise provided by this

7-45     section, this Act takes effect January 1, 1998.

7-46           (b)  The change in law made by Section 4 of this Act relating

7-47     to the qualifications of an appraisal review board member applies

7-48     only to the appointment of a member on or after the effective date

7-49     of this Act.

7-50           (c)  Section 7 of this Act takes effect only if the

7-51     constitutional amendment proposed by S.J.R. No. 43, 75th

7-52     Legislature, Regular Session, 1997, is approved by the voters.  If

7-53     that amendment is not approved by the voters, that section of this

7-54     Act has no effect.

7-55           (d)  The change in law made by Section 9 of this Act applies

7-56     only to an application for an exemption from ad valorem taxation

7-57     filed on or after the effective date of this Act.  An application

7-58     for an exemption from ad valorem taxation filed before the

7-59     effective date of this Act is covered by the law in effect on the

7-60     date the application was filed, and that law is continued in effect

7-61     for that purpose.

7-62           (e)  The change in law made by Section 13 of this Act applies

7-63     only to a penalty incurred on ad valorem taxes that become

7-64     delinquent on or after the effective date of this Act.  A penalty

7-65     incurred on ad valorem taxes that became delinquent before the

7-66     effective date of this Act is covered by the law in effect when the

7-67     taxes became delinquent, and that law is continued in effect for

7-68     that purpose.

7-69           SECTION 19.  The importance of this legislation and the

 8-1     crowded condition of the calendars in both houses create an

 8-2     emergency and an imperative public necessity that the

 8-3     constitutional rule requiring bills to be read on three several

 8-4     days in each house be suspended, and this rule is hereby suspended.

 8-5                                  * * * * *