By Harris S.B. No. 1359
76R8923 JD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the rendition and appraisal of property for ad valorem
1-3 tax purposes.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 22.24(e), Tax Code, is amended to read as
1-6 follows:
1-7 (e) To be valid, a rendition or report must be sworn to
1-8 before an officer authorized by law to administer an oath. The
1-9 comptroller may not prescribe or approve a rendition or report form
1-10 unless the form provides for the person filing the form to swear
1-11 that the information provided in the rendition or report is true
1-12 and accurate to the best of the person's knowledge and belief.
1-13 This subsection does not apply to a rendition or report filed by
1-14 the property owner, an employee of the property owner, or an
1-15 employee of a property owner on behalf of an affiliated entity of
1-16 the property owner.
1-17 SECTION 2. Section 41.45, Tax Code is amended by adding
1-18 Subsections (i) and (j) to read as follows:
1-19 (i) To be valid, an affidavit offered under Subsection (b)
1-20 must be in a standard form prescribed by the comptroller and
1-21 include:
1-22 (1) the name of the property owner initiating the
1-23 protest;
1-24 (2) a description of the property that is the subject
2-1 of the protest; and
2-2 (3) a statement from the owner that specifies the
2-3 determination or other action of the chief appraiser, appraisal
2-4 district, or appraisal review board relating to the subject
2-5 property from which the property owner seeks relief.
2-6 (j) Each appraisal district shall make copies of the
2-7 affidavit form available to property owners without charge.
2-8 SECTION 3. Section 41.67(d), Tax Code, is amended to read as
2-9 follows:
2-10 (d) Information that was previously requested under Section
2-11 41.461 by the protesting party [or the chief appraiser] that was
2-12 not made available to the protesting party [or the chief appraiser]
2-13 at least 14 days before the scheduled or postponed hearing may not
2-14 be used as evidence in the hearing.
2-15 SECTION 4. (a) Except as provided by this section, this Act
2-16 takes effect September 1, 1999.
2-17 (b) The changes in law to Section 22.24(e), Tax Code, made
2-18 by this Act apply only to a rendition statement or property report
2-19 filed under that section on or after September 1, 1999. A
2-20 rendition statement or property report filed before September 1,
2-21 1999, is governed by the law in effect on the date of filing, and
2-22 the former law is continued in effect for that purpose.
2-23 (c) Sections 41.45(i) and (j), Tax Code, as added by this
2-24 Act, take effect January 1, 2000, and apply only to an ad valorem
2-25 tax protest hearing that begins on or after that date. As soon as
2-26 practicable, the comptroller by rule shall adopt a standard form
2-27 for an affidavit under Section 41.45(i), Tax Code, as added by this
3-1 Act.
3-2 (d) The changes in law to Section 41.67(d), Tax Code, made
3-3 by this Act apply only to a protest hearing under Chapter 41 of
3-4 that code that is scheduled to begin on or after September 15,
3-5 1999.
3-6 SECTION 5. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended.