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Amend CSSB 340 as follows:
(1) In the recital to SECTION 1 of the bill (committee
printing page 1, line 14), strike "(i)" and substitute "(j)".
(2) In SECTION 1 of the bill, in proposed Section
22.01(g)(2), Tax Code (committee printing page 1, line 50), strike
"Section 22.29(b)" and substitute "Section 22.29".
(3) Between SECTIONS 1 and 2 of the bill (committee printing
page 2, between lines 4 and 5), insert the following:
(j) If the property owner is a business with 50 or fewer
employees, the property owner may base the owner's estimate of the
market value of the property under Subsection (a)(5) on the
depreciation schedules used for federal income tax purposes.
(4) Strike SECTION 2 of the bill (committee printing page 2,
lines 5-40) and renumber the subsequent sections of the bill
accordingly.
(5) In the recital to SECTION 5 of the bill (committee
printing page 3, line 15), strike "22.28, 22.29, and 22.30" and
substitute "22.28 through 22.31".
(6) In SECTION 5 of the bill, in proposed Section 22.29(a),
Tax Code (committee printing page 3, lines 35 and 36), strike "it is
finally determined by a court" and substitute "the chief appraiser,
after inspecting books, records, and papers produced following the
granting of an injunction under Section 22.31, determines".
(7) In SECTION 5 of the bill, strike proposed Sections
22.29(b) and (c), Tax Code (committee printing page 3, lines
45-62), and substitute the following:
(b) In determining whether to impose a penalty under this
section, the chief appraiser shall consider the factors listed in
Section 22.31(b).
(8) In SECTION 5 of the bill, in proposed Section 22.29(d),
Tax Code (committee printing page 3, line 63), strike "(d)" and
substitute "(c)".
(9) Between SECTIONS 5 and 6 of the bill (committee printing
page 4, between lines 33 and 34), insert the following:
Sec. 22.31. INJUNCTION REQUIRING ACCESS TO BOOKS, RECORDS,
AND PAPERS. (a) The chief appraiser may bring an action for an
injunction requiring a person who has filed a rendition statement
or property report to produce for inspection the books, records,
and papers in the possession of the person that contain the
information required by Section 22.01. The court shall grant the
injunction if the court finds that:
(1) there is good cause for doing so; and
(2) it is reasonably likely that property or a portion
of the appraised value of property will escape taxation unless the
injunction is granted.
(b) In making a determination of good cause under this
section, the court shall consider:
(1) the person's compliance history with respect to
paying taxes and filing rendition statements or property reports;
(2) the type, nature, and taxability of the specific
property involved;
(3) the type, nature, size, and sophistication of the
person's business or other entity for which property is rendered;
(4) the completeness of the person's records;
(5) the person's reliance on advice provided by the
appraisal district that may have contributed to the manner in which
the property was rendered;
(6) any change in appraisal district policy during the
current or preceding tax year that may affect how property is
rendered; and
(7) any other factor the court considers relevant.
(c) Books, records, or papers produced for inspection by the
chief appraiser or an agent or representative of the chief
appraiser under this section are confidential to the same extent
that a rendition statement or property report is confidential under
Section 22.27.
(d) The chief appraiser may not engage a person on a
contingency fee basis to examine books, records, or papers produced
for inspection under this section.
(10) In SECTION 7 of the bill, in proposed Section 41.43(d),
Tax Code (committee printing page 4, lines 51 and 52), strike "or a
response to the chief appraiser's request for information under
Section 22.07(c)".