By:  Wentworth                                        S.B. No. 1866

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to changes in the property tax calendar.

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

 1-3           SECTION 1.  Sections 11.43(d) and (g), Tax Code, are amended

 1-4     to read as follows:

 1-5           (d)  A person required to claim an exemption must file a

 1-6     completed exemption application form before April [May] 1 and must

 1-7     furnish the information required by the form.  For good cause shown

 1-8     the chief appraiser may extend the deadline for filing an exemption

 1-9     application by written order for a single period not to exceed 60

1-10     days.

1-11           (g)  A person who receives an exemption that is not required

1-12     to be claimed annually shall notify the appraisal office in writing

1-13     before April [May] 1 after his entitlement to the exemption ends.

1-14           SECTION 2.  Section 22.23, Tax Code, is amended to read as

1-15     follows:

1-16           Sec. 22.23.  FILING DATE.  (a)  Rendition statements and

1-17     property reports must be delivered to the chief appraiser after

1-18     January 1 and before March [April] 15, except as provided by

1-19     Section 22.02 of this code.

1-20           (b)  For good cause shown in writing by the property owner,

1-21     the chief appraiser may extend a deadline for filing a rendition

 2-1     statement or property report by written order to a date not later

 2-2     than March [April] 30. However, if the property that is the subject

 2-3     of the rendition is regulated by the Public Utility Commission of

 2-4     Texas or the Railroad Commission of Texas, the chief appraiser,

 2-5     upon written request by the property owner, [shall extend the

 2-6     filing deadline until April 30, and] may further extend the

 2-7     deadline an additional 15 days upon good cause shown in writing by

 2-8     the property owner.

 2-9           SECTION 3.  Section 23.20(c), Tax Code, is amended to read as

2-10     follows:

2-11           (c)  A waiver under this section is effective for 25

2-12     consecutive tax years beginning on the first tax year in which the

2-13     waiver is effective without regard to whether the property is

2-14     subject to appraisal under Subchapter C, D, E, F, or G of this

2-15     chapter.  To be effective in the year in which the waiver is

2-16     executed, it must be filed before April [May] 1 of that year with

2-17     the chief appraiser of the appraisal district in which the property

2-18     is located, unless for good cause shown the chief appraiser extends

2-19     the filing deadline for not more than 60 days.  An application

2-20     filed after the year's deadline takes effect in the next tax year.

2-21           SECTION 4.  Section 23.43(b), Tax Code, is amended to read as

2-22     follows:

2-23           (b)  A claimant must deliver a completed application form to

2-24     the chief appraiser before April [May] 1 and must furnish the

2-25     information required by the form. For good cause shown the chief

 3-1     appraiser may extend the deadline for filing the application by

 3-2     written order for a single period not to exceed 60 days.

 3-3           SECTION 5.  Section 23.54(d), Tax Code, is amended to read as

 3-4     follows:

 3-5           (d)  The form must be filed before April [May] 1.  However,

 3-6     for good cause the chief appraiser may extend the filing deadline

 3-7     for not more than 60 days.

 3-8           SECTION 6.  Section 23.75(d), Tax Code, is amended to read as

 3-9     follows:

3-10           (d)  The form must be filed before April [May] 1.  However,

3-11     for good cause the chief appraiser may extend the filing deadline

3-12     for not more than 60 days.

3-13           SECTION 7.  Sections 23.84(b) and (d), Tax Code, are amended

3-14     to read as follows:

3-15           (b)  A claimant must deliver a completed application form to

3-16     the chief appraiser before April [May] 1 and must furnish the

3-17     information required by the form. For good cause shown the chief

3-18     appraiser may extend the deadline for filing the application by

3-19     written order for a single period not to exceed 60 days.

3-20           (d)  A person whose land is allowed appraisal under this

3-21     subchapter shall notify the appraisal office in writing before

3-22     April [May] 1 after eligibility of the land under this subchapter

3-23     ends.

3-24           SECTION 8.  Sections 23.94(b) and (d), Tax Code, are amended

3-25     to read as follows:

 4-1           (b)  A claimant must deliver a completed application form to

 4-2     the chief appraiser before April [May] 1 and must furnish the

 4-3     information required by the form. For good cause shown the chief

 4-4     appraiser may extend the deadline for filing the application by

 4-5     written order for a single period not to exceed 60 days.

 4-6           (d)  A person whose property is allowed appraisal under this

 4-7     subchapter shall notify the appraisal office in writing before

 4-8     April [May] 1 after eligibility of the property under this

 4-9     subchapter ends.

4-10           SECTION 9.  Section 24.32(e), Tax Code, is amended to read as

4-11     follows:

4-12           (e)  A report must be filed before April [May] 1.  For good

4-13     cause shown the chief appraiser may extend the filing deadline by

4-14     written order for a single period not to exceed 15 days.

4-15           SECTION 10.  Section 24.35(b), Tax Code, is amended to read

4-16     as follows:

4-17           (b)  Review and protests of appraisals of railroad rolling

4-18     stock must be completed by June 25 [July 1] or as soon thereafter

4-19     as practicable and for that reason shall be given priority.

4-20           SECTION 11.  Section 25.08(c), Tax Code, is amended to read

4-21     as follows:

4-22           (c)  When a person other than the owner of an improvement

4-23     owns the land on which the improvement is located, the land and the

4-24     improvement shall be listed separately in the name of the owner of

4-25     each if either owner files with the chief appraiser before April

 5-1     [May] 1 a written request for separate taxation on a form furnished

 5-2     for that purpose together with proof of separate ownership.  After

 5-3     an improvement qualifies for taxation separate from land, the

 5-4     qualification remains effective in subsequent tax years and need

 5-5     not be requested again. However, the qualification ceases when

 5-6     ownership of the land or the improvement is transferred or either

 5-7     owner files a request to cancel the separate taxation.

 5-8           SECTION 12.  Section 25.09(b), Tax Code, is amended to read

 5-9     as follows:

5-10           (b)  Property owned by a planned unit development association

5-11     may be listed and taxes imposed proportionately against each member

5-12     of the association if the association files with the chief

5-13     appraiser before April [May] 1 a resolution adopted by vote of a

5-14     majority of all members of the association authorizing the

5-15     proportionate imposition of taxes.  A resolution adopted as

5-16     provided by this subsection remains effective in subsequent tax

5-17     years unless it is revoked by a similar resolution.

5-18           SECTION 13.  Section 25.10(c), Tax Code, is amended to read

5-19     as follows:

5-20           (c)  When a person other than the owner of standing timber

5-21     owns the land on which the timber is located, the land and the

5-22     timber shall be listed separately in the name of the owner of each

5-23     if either owner files with the chief appraiser before April [May] 1

5-24     a written request for separate taxation on a form furnished for

5-25     that purpose together with proof of separate ownership.  A

 6-1     qualification for separate taxation of timber expires at the end of

 6-2     the tax year.

 6-3           SECTION 14.  Section 25.11(b), Tax Code, is amended to read

 6-4     as follows:

 6-5           (b)  An undivided interest in a property shall be listed

 6-6     separately from other undivided interests in the property in the

 6-7     name of its owner if the interest is described in a duly executed

 6-8     and recorded instrument of title and the owner files with the

 6-9     appraisal office before April [May] 1 a written request for

6-10     separate taxation on a form furnished for that purpose together

6-11     with proof of ownership and of the proportion his interest bears to

6-12     the whole.  After an undivided interest qualifies for separate

6-13     taxation, the qualification remains effective in subsequent tax

6-14     years and need not be requested again.  However, the qualification

6-15     ceases when ownership is transferred or when any owner files a

6-16     request to cancel separate taxation.

6-17           SECTION 15.  Section 25.12(b), Tax Code, is amended to read

6-18     as follows:

6-19           (b)  Separate interests in minerals in place shall be listed

6-20     jointly in the name of the operator designated with the railroad

6-21     commission or the name of all owners or any combination of owners

6-22     if the designated operator files with the appraisal office before

6-23     April [May] 1 a written request for joint taxation on a form

6-24     furnished for that purpose.  A qualification pursuant to this

6-25     subsection for joint taxation remains effective in subsequent tax

 7-1     years and need not be requested again.  However, the qualification

 7-2     ceases when the designated operator files a request to cancel joint

 7-3     taxation.

 7-4           SECTION 16.  Section 25.12(c), Tax Code, as added by Chapter

 7-5     796, Acts of the 71st Legislature, Regular Session, 1989, is

 7-6     amended to read as follows:

 7-7           (c)  If a written request for joint taxation has been filed

 7-8     under Subsection (b), the notice of appraised value provided for by

 7-9     Section 25.19 for the owners included in the request for joint

7-10     taxation shall be delivered to the operator, owner, or owners of

7-11     the mineral interest in whose name the mineral interest is

7-12     designated for joint taxation.  The chief appraiser is not required

7-13     to deliver a separate notice of appraised value to each owner

7-14     included in the request for joint taxation. However, the chief

7-15     appraiser shall deliver a separate notice of appraised value to an

7-16     owner of an interest in the property who before April [May] 1 files

7-17     a written request to receive a separate notice of appraised value

7-18     with the chief appraiser on a form provided by the appraisal

7-19     district for that purpose.  The request is effective for each

7-20     subsequent year until revoked by the owner or until the owner no

7-21     longer owns an interest in the property.

7-22           SECTION 17.  Section 25.22(a), Tax Code, is amended to read

7-23     as follows:

7-24           (a)  By April 1 [May 15] or as soon thereafter as

7-25     practicable, the chief appraiser shall submit the completed

 8-1     appraisal records to the appraisal review board for review and

 8-2     determination of protests.  However, the chief appraiser may not

 8-3     submit the records until the chief appraiser has delivered the

 8-4     notices required by Subsection (d) of Section 11.45, Subsection (d)

 8-5     of Section 23.44, Subsection (d) of Section 23.57, Subsection (d)

 8-6     of Section 23.79, Subsection (d) of Section 23.85, Subsection (d)

 8-7     of Section 23.95, and Section 25.19.

 8-8           SECTION 18.  Section 26.01(a), Tax Code, is amended to read

 8-9     as follows:

8-10           (a)  By July 1 [25], the chief appraiser shall prepare and

8-11     certify to the assessor for each taxing unit participating in the

8-12     district that part of the appraisal roll for the district that

8-13     lists the property taxable by the unit. The part certified to the

8-14     assessor is the appraisal roll for the unit.  The chief appraiser

8-15     shall consult with the assessor for each taxing unit and notify

8-16     each unit in writing by April 1 of the form in which the roll will

8-17     be provided to each unit.

8-18           SECTION 19.  Section 41.04, Tax Code, is amended to read as

8-19     follows:

8-20           Sec. 41.04.  CHALLENGE PETITION. The appraisal review board

8-21     is not required to hear or determine a challenge unless the taxing

8-22     unit initiating the challenge files a petition with the board

8-23     before April 15 [June 1] or within 15 days after the date that the

8-24     appraisal records are submitted to the appraisal review board,

8-25     whichever is later.  The petition must include an explanation of

 9-1     the grounds for the challenge.

 9-2           SECTION 20.  Section 41.12(a), Tax Code, is amended to read

 9-3     as follows:

 9-4           (a)  By June 25 [July 20], the appraisal review board shall:

 9-5                 (1)  hear and determine all or substantially all timely

 9-6     filed protests;

 9-7                 (2)  determine all timely filed challenges;

 9-8                 (3)  submit a list of its approved changes in the

 9-9     records to the chief appraiser; and

9-10                 (4)  approve the records.

9-11           SECTION 21.  Section 41.44(a), Tax Code, is amended to read

9-12     as follows:

9-13           (a)  Except as provided by Subsections (b) and (c), to be

9-14     entitled to a hearing and determination of a protest, the property

9-15     owner initiating the protest must file a written notice of the

9-16     protest with the appraisal review board having authority to hear

9-17     the matter protested:

9-18                 (1)  before April 15 [June 1] or not later than the

9-19     30th day after the date that notice was delivered to the property

9-20     owner as provided by Section 25.19, whichever is later;

9-21                 (2)  in the case of a protest of a change in the

9-22     appraisal records ordered as provided by Subchapter A of this

9-23     chapter or by Chapter 25, not later than the 30th day after the

9-24     date notice of the change is delivered to the property owner; or

9-25                 (3)  in the case of a determination that a change in

 10-1    the use of land appraised under Subchapter C, D, or E, Chapter 23,

 10-2    has occurred, not later than the 30th day after the date the notice

 10-3    of the determination is delivered to the property owner.

 10-4          SECTION 22.  Section 41.70(a), Tax Code, is amended to read

 10-5    as follows:

 10-6          (a)  On or after April [May] 1 but not later than April [May]

 10-7    15, the chief appraiser shall publish notice of the manner in which

 10-8    a protest under this chapter may be brought by a property owner.

 10-9    The notice must describe how to initiate a protest and must

10-10    describe the deadlines for filing a protest.  The notice must also

10-11    describe the manner in which an order of the appraisal review board

10-12    may be appealed.  The comptroller by rule shall adopt minimum

10-13    standards for the form and content of the notice required by this

10-14    section.

10-15          SECTION 23.  The importance of this legislation and the

10-16    crowded condition of the calendars in both houses create an

10-17    emergency and an imperative public necessity that the

10-18    constitutional rule requiring bills to be read on three several

10-19    days in each house be suspended, and this rule is hereby suspended.