BILL ANALYSIS
Senate Research Center H.B. 604
80R10639 SMH-F By: Howard, Donna (Wentworth)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Current law requires county tax appraisers to consider the effect of a restriction (e.g., conservation easement) on the value of land. In at least one case, the property continues to receive a valuation higher than open-space land, even though a conservation easement has restricted the use of the land.
H.B. 604 allows property that is subject to a conservation easement to qualify for appraisal as open-space land regardless of the manner in which the land was used the previous year. Furthermore, this bill clarifies the statute to include as "wildlife-exempt" not only agricultural land managed for wildlife purposes, but any land granted by a county to fulfill its land management commitments as part of a federally authorized habitat conservation plan.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 23.51, Tax Code, by amending Subdivisions (1) and (7), and adding Subdivision (8), to redefine "qualified open-space land" and "wildlife management" and to define "endangered species," "federal permit," and "habitat preserve."
SECTION 2. Amends Section 23.521(b), Tax Code, as follows:
(b) Authorizes the standards adopted under Subsection (a) (relating to whether land qualifies as open-space land for appraisal purposes) to require that a tract of land be a specified minimum size to qualify under Section 23.51(7)(A), rather than Section 23.51(7), for appraisal under this subchapter, taking certain factors into consideration.
SECTION 3. Repealer: Section 23.225 (Appraisal of Land Included in Habitat Preserve and Subject to Conservation Easement), Tax Code.
SECTION 4. Makes application of this Act prospective.
SECTION 5. Effective date: January 1, 2008.