78R7086 RCJ-D
By: Hill H.B. No. 3183
A BILL TO BE ENTITLED
AN ACT
relating to requiring disclosure of the sale price of real property
to an appraisal district; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.001, Property Code, is amended by
adding Subsection (e) to read as follows:
(e) On the sale of residential real property that consists
of not more than two separate dwelling units, a sales price
disclosure report under Subchapter D, Chapter 22, Tax Code, must be
filed with the instrument of conveyance if the instrument of
conveyance is recorded under Subsection (a).
SECTION 2. The heading to Subchapter C, Chapter 22, Tax
Code, is amended to read as follows:
SUBCHAPTER C. [OTHER] REPORTS OF POLITICAL SUBDIVISION ACTIONS
SECTION 3. 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. The purchaser
of residential real property that consists of not more than two
separate dwelling units or a person acting on behalf of the
purchaser may file a sales price disclosure report with the county
clerk of the county in which the property is located.
Sec. 22.62. SIGNATURE REQUIRED. A sales price disclosure
form must be signed by the purchaser or by the person who files the
report.
Sec. 22.63. REPORT FORMS. (a) The comptroller shall
prescribe the form and content of a report filed under this
subchapter. The comptroller shall ensure that each form requires
the person filing the report to provide:
(1) the seller's name and address;
(2) the purchaser's name and address;
(3) information necessary to identify the property and
to determine the property's location;
(4) the purchase price of the property; and
(5) the name and address of the person preparing the
report.
(b) A form may not require information not relevant to the
appraisal of property for tax purposes or to the assessment or
collection of property taxes.
(c) A person who files a sales price disclosure report under
this subchapter must:
(1) use the appropriate form prescribed by the
comptroller; and
(2) include all information required by the form.
Sec. 22.64. DELIVERY TO APPRAISAL DISTRICT. (a) In each
calendar month the county clerk shall deliver to the chief
appraiser of the appraisal district established for the county any
sales price disclosure reports filed under Section 12.001(e),
Property Code, in the county during the preceding calendar month.
(b) The county clerk shall deliver the reports to the chief
appraiser by any reasonable method of delivery agreed to by the
chief appraiser and the county clerk.
Sec. 22.65. DELIVERY FEE. In addition to each fee required
by Section 118.011, Local Government Code, the county clerk may
require an additional fee in an amount not to exceed $3 to be paid at
the time the report is filed to cover reasonable delivery expenses
incurred under Section 22.64.
Sec. 22.66. PUBLICIZING REQUIREMENTS. (a) The comptroller
shall publicize, in a manner reasonably designed to come to the
attention of title companies, attorneys, and property owners, the
requirements of this subchapter and of the availability of sales
price disclosure report forms.
(b) The Texas Real Estate Commission shall assist the
comptroller in publicizing the information required by Subsection
(a) to title companies and attorneys.
(c) 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. 22.67. CONFIDENTIAL INFORMATION. (a) A sales price
disclosure report delivered to a chief appraiser under this
subchapter is confidential and not open to public inspection. The
report and the information it contains about specific property or a
specific person may not be disclosed to anyone other than an
employee of the appraisal office who appraises property except as
provided by Subsection (b).
(b) Information that is confidential under Subsection (a)
may be disclosed in a judicial or administrative proceeding:
(1) pursuant to a lawful subpoena; or
(2) relating to property taxation for the sole purpose
of providing evidence of the comparable sales used to appraise
property.
(c) Except as provided 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 A misdemeanor.
SECTION 4. (a) Except as provided by Subsection (b), this
Act takes effect September 1, 2003.
(b) Sections 1, 2, and 3 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 22.63, 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 22.66, 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.