Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By: Wentworth S.B. No. 1438
A BILL TO BE ENTITLED
AN ACT
1-1 relating to a late application by certain veterans organizations
1-2 for an exemption from ad valorem taxation.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 11, Tax Code, is amended to add Section
1-5 11.438, as follows:
1-6 Sec. 11.438. Late Application for a Veterans Organization
1-7 Exemption (a) The chief appraiser shall accept and approve or
1-8 deny an application for an exemption under Section 11.23(a) of this
1-9 code after the filing deadline provided by Section 11.43 of this
1-10 code if the application is filed not later than December 31 of the
1-11 third year after the year in which the taxes for which the
1-12 exemption is claimed were imposed.
1-13 (b) When the taxes and related penalties and interest
1-14 imposed on the property for the year for which the exemption is
1-15 claimed are paid before an application is filed under this section,
1-16 the chief appraiser may approve the late application for an
1-17 exemption upon a showing that such payment was made under protest.
1-18 (c) If a late application is approved after approval of the
1-19 appraisal records for the year for which the exemption is granted,
1-20 the chief appraiser shall notify the collector for each taxing unit
1-21 in which the property was taxable in the year or years for which
1-22 the exemption is granted. The collector shall deduct from the
1-23 veterans organization's tax bill the amount of tax imposed on the
2-1 property for that year or years and any penalties and interest
2-2 relating to that tax if the tax and related penalties and interest
2-3 have not been paid, or a showing is made that such payments were
2-4 made under protest. If taxes and related penalties and interest
2-5 paid on the property for which an exemption is granted under this
2-6 section were paid under protest, the collector may refund such
2-7 taxes, penalties and interest constituting an overpayment or
2-8 erroneous payment under Section 31.11 of this code.
2-9 (d) An application may not be filed under this section after
2-10 December 31, 1998.
2-11 SECTION 2. This Act takes effect September 1, 1997.
2-12 SECTION 3. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended.