By Alexander, Turner of Coleman H.B. No. 3123
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the standards for determining whether land qualifies
1-3 for appraisal for ad valorem tax purposes as open-space land based
1-4 on its use for wildlife management.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter D, Chapter 23, Tax Code, is amended by
1-7 adding Section 23.521 to read as follows:
1-8 Sec. 23.521. STANDARDS FOR QUALIFICATION OF LAND FOR
1-9 APPRAISAL BASED ON WILDLIFE MANAGEMENT USE. (a) The Parks and
1-10 Wildlife Department, with the assistance of the comptroller, shall
1-11 develop standards for determining whether land qualifies under
1-12 Section 23.51(7) for appraisal under this subchapter. The
1-13 comptroller by rule shall adopt the standards developed by the
1-14 Parks and Wildlife Department and distribute those rules to each
1-15 appraisal district. On request of the Parks and Wildlife
1-16 Department, the Texas Agricultural Extension Service shall assist
1-17 the department in developing the standards.
1-18 (b) The standards adopted under Subsection (a) may require
1-19 that a tract of land be a specified minimum size to qualify under
1-20 Section 23.51(7) for appraisal under this subchapter, taking into
1-21 consideration one or more of the following factors:
1-22 (1) the activities listed in Section 23.51(7);
1-23 (2) the type of indigenous wild animal population the
1-24 land is being used to propagate;
2-1 (3) the region in this state in which the land is
2-2 located; and
2-3 (4) any other factor the Parks and Wildlife Department
2-4 determines is relevant.
2-5 (c) The standards adopted under Subsection (a) may include
2-6 specifications for a written management plan to be developed by a
2-7 landowner if the landowner receives a request for a written
2-8 management plan from a chief appraiser as part of a request for
2-9 additional information under Section 23.57.
2-10 (d) In determining whether land qualifies under Section
2-11 23.51(7) for appraisal under this subchapter, the chief appraiser
2-12 and the appraisal review board shall apply the standards adopted
2-13 under Subsection (a) and, to the extent they do not conflict with
2-14 those standards, the appraisal manuals developed and distributed
2-15 under Section 23.52(d).
2-16 SECTION 2. Section 23.52(g), Tax Code, is repealed.
2-17 SECTION 3. (a) This Act takes effect September 1, 2001.
2-18 (b) As soon as practicable after the effective date of this
2-19 Act, the Parks and Wildlife Department, with the assistance of the
2-20 comptroller, shall develop the standards required by Section
2-21 23.521, Tax Code, as added by this Act. As soon as practicable
2-22 after those standards are developed, the comptroller by rule shall
2-23 adopt those standards and distribute those rules to each appraisal
2-24 district as required by that section. The rules apply to tax years
2-25 beginning on or after January 1, 2002.