Amend CSSB 521 (committee printing) as follows:
(1) Strike SECTION 15 of the bill (page 8, lines 15-51) and substitute the following:
SECTION 15. Section 25.08, Tax Code, is amended by amending
Subsection (a) and adding Subsections (e) and (f) to read as
follows:
(a) Except as provided by Subsections (b) through (f) [(d)
of this section], an improvement may be listed in the name of the
owner of the land on which the improvement is located.
(e) Regardless of its classification under the Property
Code or this title, a manufactured home shall be listed together
with the land on which the manufactured home is affixed if:
(1) the owner of the manufactured home has been issued
a certificate of attachment for that manufactured home by the Texas
Department of Housing and Community Affairs;
(2) the owner of the land on which the manufactured
home is affixed owns the manufactured home; and
(3) the land is not encumbered by a mortgage, deed of
trust, or other interest securing payment or performance of an
obligation.
(f) A manufactured home shall be listed separately from the
land on which the manufactured home is affixed if:
(1) the owner of the manufactured home has not been
issued a certificate of attachment for that manufactured home by
the Texas Department of Housing and Community Affairs;
(2) the owner of the land on which the manufactured
home is affixed does not own the manufactured home; or
(3) the land is encumbered by a mortgage, deed of
trust, or other interest securing payment or performance of an
obligation.
SECTION 16. Section 32.014, Tax Code, is amended by
amending Subsections (a) and (b) and adding Subsection (d) to read
as follows:
(a) If a manufactured home is listed together with the land
on which the manufactured home is affixed, [the ownership of the
real property on which a manufactured home is affixed and the
manufactured home are the same, the manufactured home shall be
appraised and taxed as an improvement to the real property, and] the
tax lien attaches to the land [real property] on which the
manufactured home is affixed [located] regardless of the
classification of the manufactured home under the Property Code.
(b) If a manufactured home is listed separately from the
land on which the manufactured home is affixed, the [ownership of
the manufactured home, whether by deed or contract for sale, and the
real property on which the manufactured home is affixed are not the
same, the personal property manufactured home shall be separately
appraised and taxed at the same rate and on the same ad valorem
basis as other single-family residential structures. The] tax lien
on the manufactured home does not attach to the land on which the
home is affixed [real property when the ownership of the
manufactured home and real property are different].
(d) This section prevails over Chapter 1201, Occupations
Code, to the extent of any conflict.
SECTION 17. Section 32.03, Tax Code, is amended by amending
Subsection (c) and adding Subsection (j) to read as follows:
(c) Except to the extent that tax liability for a year
exceeds the amount computed under Subsection (j)(2), a [A] bona
fide purchaser for value or the holder of a lien recorded on a
manufactured home document of title is not required to pay any taxes
imposed on the manufactured home in a tax year that begins on or
after January 1, 2001, or penalties or interest on those taxes, if
the chief appraiser of the appraisal district established for the
county in which the manufactured home is located, in connection
with an application for a permit to transport the manufactured home
under Section 623.093(d), Transportation Code, has issued a written
statement that no unpaid taxes have been reported on the
manufactured home due any taxing unit for which the appraisal
district appraises property.
(j) For purposes of this section, unpaid taxes due a taxing
unit include:
(1) all unpaid taxes and any penalty and interest due
that taxing unit for a tax year preceding the current tax year; and
(2) for a manufactured home that was located in the
taxing unit on January 1 of the current tax year:
(A) taxes due for the current tax year; or
(B) if taxes for the current tax year have not
been levied by the taxing unit, an estimated amount of taxes
computed by multiplying the taxable value of the manufactured home,
according to the most recent certified appraisal roll for the
taxing unit, by the taxing unit's adopted tax rate for the preceding
tax year.
(2) Renumber subsequent SECTIONS of the bill accordingly.
(3) In SECTION 20 of the bill (page 9, lines 26-32), strike
Subsection (b) and substitute the following:
(b) The changes in law made by this Act to Sections 25.08,
32.014, and 32.03, Tax Code, apply only to an ad valorem tax year
that begins on or after January 1, 2004. The changes in law made to
those sections do not affect a tax lien that attached to property
for a tax year that began before January 1, 2004, and the law in
effect immediately before January 1, 2004, is continued in effect
for purposes of the tax lien.
(4) In SECTION 21 of the bill (page 9, line 34), strike "1
and 15" and substitute "1, 15, 16, and 17".