78R4269 SMH-D

By:  Allen                                                        H.B. No. 1851


A BILL TO BE ENTITLED
AN ACT
relating to the rendition and appraisal of property for ad valorem tax purposes and to the consequences of a failure to timely render property. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 22.01(a), Tax Code, is amended to read as follows: (a) Except as provided by Chapter 24 [of this code], a person shall render for taxation: (1) all tangible personal property used for the production of income that the person [he] owns or [that he] manages and controls as a fiduciary on January 1, if the aggregate cost of all of the tangible personal property used for the production of income that the person owns or manages and controls as a fiduciary on that date and that is located in the appraisal district is at least $100,000; and (2) all real property used for the production of income, other than property appraised under Subchapter C, D, E, F, G, or H, Chapter 23, that the person owns or manages and controls as a fiduciary on January 1. SECTION 2. Section 22.23(b), Tax Code, is amended to read as follows: (b) For good cause shown in writing by the property owner, the chief appraiser shall [may] extend a deadline for filing a rendition statement or property report by written order to a date not later than April 30. The [However, if the property that is the subject of the rendition is regulated by the Public Utility Commission of Texas or the Railroad Commission of Texas, the] chief appraiser[, upon written request by the property owner, shall extend the filing deadline until April 30, and] may further extend the deadline an additional 15 days for [upon] good cause shown in writing by the property owner. SECTION 3. Subchapter B, Chapter 22, Tax Code, is amended by adding Section 22.231 to read as follows: Sec. 22.231. REQUIREMENT TO DELIVER RENDITION STATEMENT OR PROPERTY REPORT; INJUNCTION. (a) A requirement under this chapter to deliver a rendition statement or property report to a chief appraiser is mandatory. (b) If a person required by this chapter to deliver a rendition statement or property report to the chief appraiser fails to deliver the statement or report in the time required by this chapter, the chief appraiser may bring suit for an injunction requiring the person to deliver the statement or report. SECTION 4. Section 22.24, Tax Code, is amended by amending Subsection (c), adding Subsections (c-1) and (c-2), and amending Subsection (d) to read as follows: (c) The comptroller may prescribe or approve different forms for different kinds of property but shall ensure that each form requires a property owner to furnish the information necessary to identify the property and to determine its ownership, taxability, and situs. (c-1) A rendition or report form for tangible personal property used for the production of income must require the property owner to state: (1) the location of the property; (2) the original cost of the property as reflected in the books and records of the property owner; (3) the tax year in which the property owner acquired the property; and (4) the property owner's good faith estimate of the market value of the property. (c-2) A rendition or report form may require a property owner to include other information that the comptroller determines to be necessary for the proper administration of taxation of property subject to this chapter but may not require a property owner to furnish information not relevant to the appraisal of property for tax purposes or to the assessment or collection of property taxes. (d) A rendition or report form for property other than tangible personal property used for the production of income shall permit but may not require a property owner to state the property owner's [his] opinion about the market value of the [his] property. SECTION 5. Subchapter B, Chapter 22, Tax Code, is amended by adding Sections 22.28 and 22.29 to read as follows: Sec. 22.28. FAILURE TO TIMELY DELIVER RENDITION STATEMENT OR PROPERTY REPORT; OMISSION OF PROPERTY; PENALTIES. (a) If a person required by Section 22.01(a), 22.04, or 22.05 to deliver a rendition statement or property report to the chief appraiser fails to deliver the statement or report in the time required by this chapter, a penalty is imposed on the property required to be included in the statement or report payable to each taxing unit that imposes taxes on the property. The amount of the penalty payable to each taxing unit is equal to five percent of the amount of taxes ultimately imposed by the taxing unit for the tax year on the property that was required to be included in the statement or report for the first calendar month the person fails to deliver the statement or report plus five percent for each additional month or portion of a month the person fails to deliver the statement or report, not to exceed a total of 25 percent of the amount of taxes ultimately imposed by the taxing unit for the tax year on the property. (b) If a person required by Section 22.01(a), 22.04, or 22.05 to deliver a rendition statement or property report to the chief appraiser delivers the statement or report in the time required by this chapter but omits property required to be included in the statement or report, a penalty is imposed on the property omitted from the statement or report payable to each taxing unit that imposes taxes on the property. The amount of the penalty payable to each taxing unit is equal to 25 percent of the amount of taxes ultimately imposed by the taxing unit for the tax year on the omitted property. (c) Notwithstanding Subsections (a) and (b), if the amount of the penalty computed under the applicable subsection is less than $1, the amount of the penalty is $1. (d) If a person required by Section 22.01(a), 22.04, or 22.05 to deliver a rendition statement or property report to the chief appraiser fails to deliver the statement or report in the time required by this chapter or omits property from the statement or report, the chief appraiser shall: (1) appraise the property as of January 1 of the year in which the person was required to deliver the rendition statement or property report or was required to include the property on the statement or report and enter in the appraisal records the appraised and taxable value of the property, if the property was not previously included in the appraisal records; (2) make an entry in the appraisal records for the property indicating liability for the penalty imposed under Subsection (a) or (b) and the amount of the penalty, if known; and (3) send a written notice of imposition of the penalty to the person required to deliver the statement or report that includes an explanation of the procedures for protesting the imposition of the penalty. (e) The assessor for each taxing unit that imposes taxes on the property shall add the amount of the penalty to the unit's tax bill for taxes on the property or, if the tax bill has been delivered, shall deliver to the property owner a supplemental bill for the penalty. The penalty is due and shall be collected at the same time and in the same manner as the taxes on the property. (f) A penalty imposed under Subsection (a) or (b) that becomes delinquent accrues penalties and interest in the same manner as a delinquent tax. (g) A penalty imposed under Subsection (a) or (b) and any penalty or interest accruing on the penalty: (1) are the personal obligation of the property owner; and (2) constitute a lien on the property on which the penalty is imposed. Sec. 22.29. INVESTIGATIONS AND AUDITS. (a) The chief appraiser, or a person authorized by the chief appraiser in writing, may: (1) examine, copy, and photograph the books, records, and papers of a person who files a rendition statement or property report required by this chapter to verify the accuracy of the statement or report; and (2) by delivery of written notice to the property owner or to an employee, representative, or agent of the property owner, not later than the 20th working day after the date the notice is delivered, require the property owner to produce to the chief appraiser or an agent or designated representative of the chief appraiser for inspection the books, records, and papers used as a basis for the preparation of the rendition statement or property report. (b) If the chief appraiser determines as the result of an investigation under this section that the chief appraiser's reliance on a rendition statement or property report resulted in the omission of tangible personal property in the current tax year or in any one of the two preceding tax years or the undervaluation of real property in the current tax year or in any one of the five preceding tax years, the chief appraiser shall add the omitted tangible personal property or the portion of the appraised value of undervalued real property that was erroneously omitted for each tax year to the appraisal roll as provided by Section 25.21 for other property that escapes taxation. (c) The chief appraiser may not conduct an investigation of a property owner under this section more frequently than once every three years, except that if the chief appraiser takes action under Subsection (b) as a result of an investigation of a property owner, the chief appraiser may conduct an investigation of the property owner in the following year. (d) Copies of books, records, or papers made or retained by the chief appraiser or an agent or representative of the chief appraiser in the course of an investigation under this section are confidential to the same degree that a rendition statement or property report is confidential under Section 22.27. (e) The chief appraiser may not employ a person on a contingency fee basis to conduct an audit under this section. SECTION 6. The heading to Section 23.011, Tax Code, is amended to read as follows: Sec. 23.011. COST METHOD OF APPRAISAL: REAL PROPERTY. SECTION 7. Subchapter A, Chapter 23, Tax Code, is amended by adding Section 23.0115 to read as follows: Sec. 23.0115. COST METHOD OF APPRAISAL: TANGIBLE PERSONAL PROPERTY. (a) If the chief appraiser uses the cost method of appraisal to determine the market value of tangible personal property used for the production of income on the basis of information provided in a rendition statement or property report, the chief appraiser shall use the methods and procedures specified by the appraisal manuals developed under Subsection (b) to determine the depreciated value of the property. (b) The comptroller by rule shall develop and distribute to each appraisal office appraisal manuals that: (1) prescribe depreciation schedules for common types of tangible personal property used for the production of income; (2) specify the methods of applying the schedules to appraise property on the basis of information provided in a rendition statement or property report; and (3) prescribe the method that a chief appraiser shall use to calculate depreciation for any type of tangible personal property used for the production of income that is not covered by a depreciation schedule prescribed by the comptroller. SECTION 8. Section 23.013, Tax Code, is amended to read as follows: Sec. 23.013. MARKET DATA COMPARISON METHOD OF APPRAISAL. If the chief appraiser uses the market data comparison method of appraisal to determine the market value of [real] property, the chief appraiser shall use comparable sales data and shall adjust the comparable sales to the subject property. SECTION 9. Subchapter C, Chapter 41, Tax Code, is amended by adding Section 41.414 to read as follows: Sec. 41.414. PROTEST OF PENALTY FOR FAILURE TO RENDER PROPERTY. (a) An owner of property on which a penalty is imposed under Section 22.28 for a failure to deliver a rendition statement or property report in the time required by Chapter 22 or for the omission of property required to be included in a rendition statement or property report may protest the imposition of the penalty. (b) A protest under this section shall be determined in favor of the property owner if the owner shows that the owner's failure to timely deliver the rendition statement or property report or the owner's omission of property required to be included in the rendition statement or property report was not intentional or for the purpose of evading or illegally avoiding the payment of taxes. (c) If the appraisal review board determines the protest in favor of the property owner, the board may reduce or waive the penalty. SECTION 10. Section 41.43, Tax Code, is amended by amending Subsection (a) and adding Subsection (d) to read as follows: (a) Except as provided by Subsection (d), in [In] a protest authorized by Section 41.41(a)(1) [41.41(1)] or (2), the appraisal district has the burden of establishing the value of the property by a preponderance of the evidence presented at the hearing. If the appraisal district fails to meet that standard, the protest shall be determined in favor of the property owner. (d) If before the date of the hearing the property owner fails to deliver a rendition statement or property report as required by Chapter 22 for the property that is the subject of the protest: (1) the property owner has the burden of establishing the market value of the property by a preponderance of the evidence presented at the hearing; and (2) if the property owner fails to meet the standard provided by Subdivision (1), the protest shall be determined in favor of the appraisal district. SECTION 11. Section 42.29, Tax Code, is amended by adding Subsection (c) to read as follows: (c) Notwithstanding Subsection (a), a property owner may not be awarded attorney's fees if the property owner fails to timely deliver a rendition statement or property report as required by Chapter 22 for the property that is the subject of the appeal. SECTION 12. (a) This Act takes effect January 1, 2004, and applies only to ad valorem taxes imposed for a tax year beginning on or after that date and the rendition of property for ad valorem tax purposes for a tax year that begins on or after that date. (b) Section 22.29, Tax Code, as added by this Act, authorizes the addition to an appraisal roll of omitted tangible personal property or the portion of the appraised value of undervalued real property that was erroneously omitted only for a tax year beginning on or after the effective date of this Act.