By: Janek S.B. No. 828
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain property owners to file a
late notice of protest with an appraisal review board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 41.44, Tax Code, is amended by amending
Subsection (a) and adding Subsections (c-1) and (c-2) to read as
follows:
(a) Except as provided by Subsections (b), [and] (c), (c-1),
and (c-2), to be entitled to a hearing and determination of a
protest, the property owner initiating the protest must file a
written notice of the protest with the appraisal review board
having authority to hear the matter protested:
(1) before June 1 or not later than the 30th day after
the date that notice was delivered to the property owner as provided
by Section 25.19, whichever is later;
(2) in the case of a protest of a change in the
appraisal records ordered as provided by Subchapter A of this
chapter or by Chapter 25, not later than the 30th day after the date
notice of the change is delivered to the property owner; or
(3) in the case of a determination that a change in the
use of land appraised under Subchapter C, D, E, or H, Chapter 23,
has occurred, not later than the 30th day after the date the notice
of the determination is delivered to the property owner.
(c-1) A property owner who files a notice of protest after
the deadline prescribed by Subsection (a) but before the taxes on
the property to which the notice applies become delinquent is
entitled to a hearing and determination of the protest if the
property owner was continuously employed in the Gulf of Mexico,
including employment on an offshore drilling or production facility
or on a vessel, for a period of not less than 20 days during which
the deadline prescribed by Subsection (a) passed, and the property
owner provides the appraisal review board with evidence of that
fact through submission of a letter from the property owner's
employer or supervisor or, if the property owner is self-employed,
a sworn affidavit.
(c-2) A property owner who files a notice of protest after
the deadline prescribed by Subsection (a) but before the taxes on
the property to which the notice applies become delinquent is
entitled to a hearing and determination of the protest if the
property owner was serving on full-time active duty in the United
States armed forces outside the United States on the day on which
the deadline prescribed by Subsection (a) passed and the property
owner provides the appraisal review board with evidence of that
fact through submission of a valid military identification card
from the United States Department of Defense and a deployment
order.
SECTION 2. The change in law made by this Act applies only
to a notice of protest for a tax year beginning on or after the
effective date of this Act. A notice of protest for a tax year
beginning before the effective date of this Act is governed by the
law in effect immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
SECTION 3. This Act takes effect January 1, 2006.