By Hardcastle H.B. No. 3478
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the valuation of open space land that was acquired from
1-3 a governmental entity.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Amend Property Tax Code Section 23.51(1) to read
1-6 as follows: (1) "Qualified open-space land" means:
1-7 (A) land that is currently devoted principally to agricultural use
1-8 to the degree of intensity generally accepted in the area and that
1-9 has either:
1-10 (i) been devoted principally to
1-11 agricultural use or to production of timber or forest products for
1-12 five of the preceding seven years, or
1-13 (ii) was owned by the state for the
1-14 preceding seven years; or,
1-15 (B) land that is used principally as an ecological laboratory by a
1-16 public or private college or university. Qualified open-space land
1-17 includes all appurtenances to the land. For the purposes of this
1-18 subdivision, appurtenances to the land means private roads, dams,
1-19 reservoirs, water wells, canals, ditches, terraces, and other
1-20 reshapings of the soil, fences, and riparian water rights.
1-21 SECTION 2. Amend Property Tax Code Sec. 23.56 to read as
2-1 follows: Sec.23.56. Land Ineligible for Appraisal as Open-Space
2-2 Land
2-3 Land, other than land that was owned by the state for the
2-4 preceding seven years, is not eligible for appraisal as provided by
2-5 this subchapter if:
2-6 (1) the land is located inside the corporate limits of
2-7 an incorporated city or town, unless:
2-8 (A) the city or town is not providing the land
2-9 with governmental and proprietary services substantially equivalent
2-10 in standard and scope to those services it provides in other parts
2-11 of the city or town with similar topography, land utilization, and
2-12 population density; or
2-13 (B) the land has been devoted principally to
2-14 agricultural use continuously for the preceding five years;
2-15 (2) the land is owned by an individual who is a
2-16 nonresident alien or by a foreign government if that individual or
2-17 government is required by federal law or by rule adopted pursuant
2-18 to federal law to register his ownership or acquisition of that
2-19 property; or
2-20 (3) the land is owned by a corporation, partnership,
2-21 trust, or other legal entity if the entity is required by federal
2-22 law or by rule adopted pursuant to federal law to register its
2-23 ownership or acquisition of that land and a nonresident alien or a
2-24 foreign government or any combination of nonresident aliens and
2-25 foreign governments own a majority interest in the entity.
3-1 SECTION 3. The importance of this legislation and the
3-2 crowded condition in both houses create an emergency and an
3-3 imperative public necessity that the constitutional rule requiring
3-4 bills to be read on three separate days in each house be suspended,
3-5 and this rule is hereby suspended.