By Keffer H.B. No. 1847
77R4367 GJH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to tax refunds to property owners following ad valorem tax
1-3 appeals.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 42.43, Tax Code, is amended by adding
1-6 Subsections (c) and (d) to read as follows:
1-7 (c) Notwithstanding Subsection (b), if a taxing unit does
1-8 not make a refund, including interest, required by this section
1-9 before the 60th day after the date the chief appraiser corrects the
1-10 appraisal roll under Section 42.41, the taxing unit shall include
1-11 with the refund interest on the amount refunded at an annual rate
1-12 of 12 percent, calculated from the delinquency date for the taxes
1-13 until the date the refund is made.
1-14 (d) A property owner who prevails in a suit to compel a
1-15 refund, including interest, required by this section that is filed
1-16 on or after the 180th day after the date the appraisal roll is
1-17 corrected is entitled to court costs and reasonable attorney's
1-18 fees.
1-19 SECTION 2. The changes in law made by this Act apply only to
1-20 a refund relating to the final determination of an appeal for which
1-21 the chief appraiser corrects the appraisal roll on or after the
1-22 effective date of this Act. A refund relating to a final
1-23 determination of an appeal for which the chief appraiser corrected
1-24 the appraisal roll before the effective date of this Act is
2-1 governed by the law in effect when the chief appraiser corrected
2-2 the appraisal roll, and that law is continued in effect for that
2-3 purpose.
2-4 SECTION 3. This Act takes effect immediately if it receives
2-5 a vote of two-thirds of all the members elected to each house, as
2-6 provided by Section 39, Article III, Texas Constitution. If this
2-7 Act does not receive the vote necessary for immediate effect, this
2-8 Act takes effect September 1, 2001.