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78R4277 RCJ-D
By: Davis of Dallas H.B. No. 1779
A BILL TO BE ENTITLED
AN ACT
relating to requiring disclosure of the sales price of real
property to an appraisal district and the comptroller of public
accounts; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter C, Chapter 22, Tax
Code, is amended to read as follows:
SUBCHAPTER C. [OTHER] REPORTS OF POLITICAL SUBDIVISION ACTIONS
SECTION 2. Chapter 22, Tax Code, is amended by adding
Subchapter D to read as follows:
SUBCHAPTER D. REPORT OF SALES PRICE
Sec. 22.61. SALES PRICE DISCLOSURE REPORT REQUIRED. (a)
Not later than the 10th day after the date of closing on the sale of
real property, the seller shall file a report as provided by this
subchapter disclosing the sales price of the property.
(b) A person who fails to file a report as required by this
subchapter is liable to the state for a civil penalty in an amount
not to exceed $1,000 for each violation. The attorney general or
the county attorney for the county in which the property is located
may bring suit to recover the penalty.
(c) If there are two or more sellers, each seller is
responsible for filing the report until at least one seller files a
report, and each seller is separately liable for a civil penalty if
a report for the sale is not filed as required by this subchapter.
Sec. 22.62. PLACE OF FILING. A sales price disclosure
report required by this subchapter must be filed with the chief
appraiser of the appraisal district established for the county in
which the property covered by the report is located.
Sec. 22.63. SIGNATURE REQUIRED. A sales price disclosure
form must be signed by the person who is required to file the
report.
Sec. 22.64. REPORT FORMS. (a) The comptroller shall
prescribe the form and content of a report filed under this
subchapter. The comptroller may prescribe or approve different
sales price disclosure forms for different kinds of property and
shall ensure that each form requires the person filing the report to
provide the sales price and information necessary to identify the
property and to determine its ownership and taxable situs. A form
may not require a person to furnish information not relevant to the
appraisal of property for tax purposes or to the assessment or
collection of property taxes.
(b) A person required to file a sales price disclosure
report under this subchapter must use the appropriate form
prescribed or approved by the comptroller or a substantially
similar form.
(c) A person filing a sales price disclosure report must
include all information required by the form.
Sec. 22.65. PUBLICIZING REQUIREMENTS. (a) The comptroller
shall publicize, in a manner reasonably designed to come to the
attention of property owners, the requirements of this subchapter
and of the availability of sales price disclosure report forms.
(b) A chief appraiser shall assist the comptroller in
publicizing the information required by Subsection (a) to property
owners in the county for which the appraisal district is
established.
Sec. 22.66. PROVISION OF INFORMATION TO COMPTROLLER. An
appraisal district shall provide information from sales price
disclosure reports to the comptroller in the manner and at the time
required by the comptroller.
Sec. 22.67. CONFIDENTIAL INFORMATION. (a) A sales price
disclosure report filed with a chief appraiser under this
subchapter is confidential and not open to public inspection.
Except as authorized by Subsection (b), the sales price disclosure
report and the information it contains about specific property or a
specific owner may not be disclosed to anyone other than:
(1) an employee of the appraisal office who appraises
property; or
(2) an employee of the comptroller whose duties
pertain to state administration of the property tax system.
(b) Information made confidential by this section may be
disclosed:
(1) in a judicial or administrative proceeding
pursuant to a lawful subpoena;
(2) to the person who filed the report or to the
person's representative authorized in writing to receive the
information;
(3) in a judicial or administrative proceeding
relating to property taxation to which the owner of the property to
which a report pertains is a party;
(4) for statistical purposes if in a form that does not
identify specific property or a specific property owner; or
(5) if and to the extent the information is required to
be included in a public document or record that the appraisal office
is required by law to prepare or maintain.
(c) Except as permitted by Subsection (b), a person who
knowingly discloses a sales price disclosure report or confidential
information contained in the report commits an offense. An offense
under this subsection is a Class B misdemeanor.
SECTION 3. (a) Except as provided by Subsection (b), this
Act takes effect September 1, 2003.
(b) Sections 1 and 2 of this Act take effect January 1, 2004.
(c) As soon as practicable after the effective date of this
Act, but not later than January 1, 2004, the comptroller shall:
(1) prescribe or approve sales price disclosure report
forms as provided by Section 22.64, Tax Code, as added by this Act;
and
(2) begin to publicize the requirements of Subchapter
D, Chapter 22, Tax Code, as required by Section 22.65, Tax Code, as
added by this Act.
(d) This Act applies only to a sale of real property that
occurs on or after January 1, 2004.