1-1 By: Alexander, Turner of Coleman H.B. No. 3123 1-2 (Senate Sponsor - Brown) 1-3 (In the Senate - Received from the House May 7, 2001; 1-4 May 7, 2001, read first time and referred to Committee on Natural 1-5 Resources; May 11, 2001, reported favorably by the following vote: 1-6 Yeas 4, Nays 0; May 11, 2001, sent to printer.) 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to the standards for determining whether land qualifies 1-10 for appraisal for ad valorem tax purposes as open-space land based 1-11 on its use for wildlife management. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subchapter D, Chapter 23, Tax Code, is amended by 1-14 adding Section 23.521 to read as follows: 1-15 Sec. 23.521. STANDARDS FOR QUALIFICATION OF LAND FOR 1-16 APPRAISAL BASED ON WILDLIFE MANAGEMENT USE. (a) The Parks and 1-17 Wildlife Department, with the assistance of the comptroller, shall 1-18 develop standards for determining whether land qualifies under 1-19 Section 23.51(7) for appraisal under this subchapter. The 1-20 comptroller by rule shall adopt the standards developed by the 1-21 Parks and Wildlife Department and distribute those rules to each 1-22 appraisal district. On request of the Parks and Wildlife 1-23 Department, the Texas Agricultural Extension Service shall assist 1-24 the department in developing the standards. 1-25 (b) The standards adopted under Subsection (a) may require 1-26 that a tract of land be a specified minimum size to qualify under 1-27 Section 23.51(7) for appraisal under this subchapter, taking into 1-28 consideration one or more of the following factors: 1-29 (1) the activities listed in Section 23.51(7); 1-30 (2) the type of indigenous wild animal population the 1-31 land is being used to propagate; 1-32 (3) the region in this state in which the land is 1-33 located; and 1-34 (4) any other factor the Parks and Wildlife Department 1-35 determines is relevant. 1-36 (c) The standards adopted under Subsection (a) may include 1-37 specifications for a written management plan to be developed by a 1-38 landowner if the landowner receives a request for a written 1-39 management plan from a chief appraiser as part of a request for 1-40 additional information under Section 23.57. 1-41 (d) In determining whether land qualifies under Section 1-42 23.51(7) for appraisal under this subchapter, the chief appraiser 1-43 and the appraisal review board shall apply the standards adopted 1-44 under Subsection (a) and, to the extent they do not conflict with 1-45 those standards, the appraisal manuals developed and distributed 1-46 under Section 23.52(d). 1-47 SECTION 2. Section 23.52(g), Tax Code, is repealed. 1-48 SECTION 3. (a) This Act takes effect September 1, 2001. 1-49 (b) As soon as practicable after the effective date of this 1-50 Act, the Parks and Wildlife Department, with the assistance of the 1-51 comptroller, shall develop the standards required by Section 1-52 23.521, Tax Code, as added by this Act. As soon as practicable 1-53 after those standards are developed, the comptroller by rule shall 1-54 adopt those standards and distribute those rules to each appraisal 1-55 district as required by that section. The rules apply to tax years 1-56 beginning on or after January 1, 2002. 1-57 * * * * *