By Bailey                                             H.B. No. 1807
         76R5409 GJH-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the eligibility of land for appraisal for ad valorem
 1-3     tax purposes as recreational, park, or scenic land.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 23.83(a) and (d), Tax Code, are amended
 1-6     to read as follows:
 1-7           (a)  A person is entitled to have land the person [he] owns
 1-8     appraised under this subchapter if, on January 1:
 1-9                 (1)  the land is restricted as provided by this
1-10     subchapter;
1-11                 (2)  the land is used in a way that does not result in
1-12     accrual of distributable profits, realization of private gain
1-13     resulting from payment of compensation in excess of a reasonable
1-14     allowance for salary or other compensation for services rendered,
1-15     or realization of any other form of private gain;
1-16                 (3)  the land has been devoted exclusively to
1-17     recreational, park, or scenic uses for the preceding year;
1-18                 (4)  the land is open to the public without charge; and
1-19                 (5)  the person [(4) he] is using and intends to use
1-20     the land exclusively for recreational, park, or scenic [those]
1-21     purposes in the current year.
1-22           (d)  If land is appraised under this subchapter for a year,
1-23     the chief appraiser shall determine at the end of that year whether
1-24     the land was open to the public without charge and used exclusively
 2-1     for recreational, park, or scenic uses during that year.  If the
 2-2     land was not open to the public without charge or was not used
 2-3     exclusively for recreational, park, or scenic uses during that
 2-4     year, the assessor for each taxing unit shall impose an additional
 2-5     tax equal to the difference in the amount of tax imposed and the
 2-6     amount that would have been imposed for that year if the land had
 2-7     not been restricted to recreational, park, or scenic uses.  The
 2-8     assessor shall include the amount of additional tax plus interest
 2-9     on the next bill for taxes on the land.
2-10           SECTION 2.  Section 23.84(f), Tax Code, is amended to read as
2-11     follows:
2-12           (f)  The comptroller in prescribing the contents of the
2-13     application forms shall ensure that each form requires a claimant
2-14     to furnish the information necessary to determine the validity of
2-15     the claim and that the form requires the claimant to state that the
2-16     land for which the person [he] claims appraisal under this
2-17     subchapter will be open to the public without charge and be used
2-18     exclusively for recreational, park, or scenic uses in the current
2-19     year.
2-20           SECTION 3.  Sections 23.86(a)-(c), Tax Code, are amended to
2-21     read as follows:
2-22           (a)  If land that has been appraised under this subchapter is
2-23     no longer open to the public without charge or subject to a deed
2-24     restriction or is diverted to a use other than recreational, park,
2-25     or scenic uses, an additional tax is imposed on the land equal to
2-26     the difference between the taxes imposed on the land for each of
2-27     the five years preceding the year in which the change of use
 3-1     occurs, the land ceases to be open to the public without charge, or
 3-2     the deed restriction expires that the land was appraised as
 3-3     provided by this subchapter and the tax that would have been
 3-4     imposed had the land not been restricted to recreational, park, or
 3-5     scenic uses in each of those years, plus interest at an annual rate
 3-6     of seven percent calculated from the dates on which the differences
 3-7     would have become due.
 3-8           (b)  A tax lien attaches to the land on the date the change
 3-9     of use occurs, the land ceases to be open to the public without
3-10     charge, or the deed restriction expires to secure payment of the
3-11     additional tax and interest imposed by this section and any
3-12     penalties incurred.  The lien exists in favor of all taxing units
3-13     for which the additional tax is imposed.
3-14           (c)  The assessor shall prepare and deliver a statement for
3-15     the additional taxes as soon as praticable after the change of use
3-16     occurs, the land ceases to be open to the public without charge, or
3-17     the deed restriction expires.  The taxes become delinquent and
3-18     incur penalties and interest as provided by law for ad valorem
3-19     taxes imposed by the taxing unit if not paid before the next date
3-20     on which the unit's taxes become delinquent that is more than 10
3-21     days after the date the statement is delivered.
3-22           SECTION 4.  Notwithstanding Section 23.84(c), Tax Code, any
3-23     person whose land was appraised under Subchapter F, Chapter 23, Tax
3-24     Code, for the 1999 tax year and who claims the right to have the
3-25     person's land appraised under that subchapter for the 2000 tax year
3-26     must submit a new application for that appraisal under Section
3-27     23.84, Tax Code.
 4-1           SECTION 5.  Not later than February 15, 2000, the chief
 4-2     appraiser of each appraisal district shall deliver to each person
 4-3     in the appraisal district whose land was appraised under Subchapter
 4-4     F, Chapter 23, Tax Code, for the 1999 tax year a written notice
 4-5     stating that a new application is required for appraisal under that
 4-6     subchapter and that for land to be eligible for appraisal under
 4-7     that subchapter the land must be open to the public without charge.
 4-8     The written notice shall be accompanied by an application form for
 4-9     appraisal under that subchapter.
4-10           SECTION 6.  This Act takes effect January 1, 2000.
4-11           SECTION 7.  The importance of this legislation and the
4-12     crowded condition of the calendars in both houses create an
4-13     emergency and an imperative public necessity that the
4-14     constitutional rule requiring bills to be read on three several
4-15     days in each house be suspended, and this rule is hereby suspended.