By Alexander H.B. No. 3123
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 transfer from the Comptroller to the Parks and
1-3 Wildlife Department the duty to develop and adopt standards for the
1-4 qualification of open space land used for wildlife management.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 23.521, Tax Code, is added to read as
1-7 follows:
1-8 Sec. 23.521. STANDARDS FOR QUALIFICATION OF OPEN SPACE LAND
1-9 USED FOR WILDLIFE MANAGEMENT. (a) The Parks and Wildlife
1-10 Department, with the assistance of the comptroller, shall develop,
1-11 adopt by rule, and distribute to each appraisal district standards
1-12 for use by the chief appraiser in determining whether land
1-13 qualifies under Section 23.51(7) for appraisal under this
1-14 subchapter. On request of the Parks and Wildlife Department, the
1-15 Texas Agricultural Extension Service shall assist the department in
1-16 the development of these standards.
1-17 (b) The standards required by subsection (a) may establish
1-18 mandatory minimum acreages a property owner must use primarily for
1-19 the purpose of wildlife management, taking into consideration one
1-20 or more of the following factors:
1-21 (1) the activities required for land to qualify under
1-22 Section 23.51(7);
1-23 (2) the type of indigenous wild animal population the
2-1 property owner is propagating;
2-2 (3) the region in the state in which the land is
2-3 located; and
2-4 (4) any other factors or considerations the Parks and
2-5 Wildlife Department determines are relevant to the establishment of
2-6 minimum acreage standards for the qualification of land under
2-7 Section 23.51(7).
2-8 (c) The standards required by subsection (a) may require the
2-9 property owner to develop and produce at the chief appraiser's
2-10 request for additional information under Section 23.57, a written
2-11 management plan that meets specifications set forth by the
2-12 standards.
2-13 (d) When determining whether land qualifies under Section
2-14 23.51(7) for appraisal under this subchapter, the chief appraiser
2-15 shall follow the standards adopted under subsection (a) and, where
2-16 not in conflict with these standards, the appraisal manuals adopted
2-17 under Subsection 23.52(d).
2-18 (e) In a hearing to determine whether land qualifies under
2-19 Section 23.51(7) for appraisal under this subchapter, the appraisal
2-20 review board shall follow the standards adopted under subsection
2-21 (a) and, where not in conflict with these standards, the appraisal
2-22 manuals adopted under Subsection 23.52(d).
2-23 SECTION 2. Section 23.52(g), Tax Code, is repealed.
2-24 SECTION 3. This bill takes effect September 1, 2001, and
2-25 applies to the tax year beginning January 1, 2002.