1-1     By:  Harris                                           S.B. No. 1359
 1-2           (In the Senate - Filed March 11, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on Intergovernmental
 1-4     Relations; March 29, 1999, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 5, Nays 0;
 1-6     March 29, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1359                By:  Moncrief
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the rendition and appraisal of property for ad valorem
1-11     tax purposes.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subsection (e), Section 22.24, Tax Code, is
1-14     amended to read as follows:
1-15           (e)  To be valid, a rendition or report must be sworn to
1-16     before an officer authorized by law to administer an oath.  The
1-17     comptroller may not prescribe or approve a rendition or report form
1-18     unless the form provides for the person filing the form to swear
1-19     that the information provided in the rendition or report is true
1-20     and accurate to the best of the person's knowledge and belief.
1-21     This subsection does not apply to a rendition or report filed by
1-22     the property owner, an employee of the property owner, or an
1-23     employee of a property owner on behalf of an affiliated entity of
1-24     the property owner.
1-25           SECTION 2.  Section 41.45, Tax Code, is amended by adding
1-26     Subsections (i), (j), (k), and (l) to read as follows:
1-27           (i)  To be valid, an affidavit offered under Subsection (b)
1-28     must be attested to before an officer authorized to administer
1-29     oaths and include:
1-30                 (1)  the name of the property owner initiating the
1-31     protest;
1-32                 (2)  a description of the property that is the subject
1-33     of the protest; and
1-34                 (3)  evidence or argument.
1-35           (j)  A statement from the property owner that specifies the
1-36     determination or other action of the chief appraiser, appraisal
1-37     district, or appraisal review board relating to the subject
1-38     property from which the property owner seeks relief constitutes
1-39     sufficient argument under Subsection (i).
1-40           (k)  The comptroller shall prescribe a standard form for an
1-41     affidavit offered under Subsection (b).  Each appraisal district
1-42     shall make copies of the affidavit form available to property
1-43     owners without charge.
1-44           (l)  A property owner is not required to use the affidavit
1-45     form prescribed by the comptroller when offering an affidavit under
1-46     Subsection (b).
1-47           SECTION 3.  Subsection (d), Section 41.67, Tax Code, is
1-48     amended to read as follows:
1-49           (d)  Information that was previously requested under Section
1-50     41.461 by the protesting party [or the chief appraiser] that was
1-51     not made available to the protesting party [or the chief appraiser]
1-52     at least 14 days before the scheduled or postponed hearing may not
1-53     be used as evidence in the hearing.
1-54           SECTION 4.  (a)  Except as provided by this section, this Act
1-55     takes effect September 1, 1999.
1-56           (b)  Subsections (i), (j), (k), and (l), Section 41.45, Tax
1-57     Code, as added by this Act, take effect January 1, 2000, and apply
1-58     only to an ad valorem tax protest hearing that begins on or after
1-59     that date.  As soon as practicable, the comptroller of public
1-60     accounts by rule shall adopt a standard form for an affidavit under
1-61     Subsection (k), Section 41.45, Tax Code, as added by this Act.
1-62           SECTION 5.  The importance of this legislation and the
1-63     crowded condition of the calendars in both houses create an
1-64     emergency and an imperative public necessity that the
 2-1     constitutional rule requiring bills to be read on three several
 2-2     days in each house be suspended, and this rule is hereby suspended.
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