Amend CSHB 3454 (Senate committee printing) as follows:                      
	(1)  Add the following appropriately numbered SECTION to the 
bill and renumber subsequent SECTIONS accordingly:
	SECTION ____.  (a)  Sections 23.46(c) and (d), Tax Code, are 
amended to read as follows:
	(c)  If land that has been designated for agricultural use in 
any year is sold or diverted to a nonagricultural use, the total 
amount of additional taxes for the three years preceding the year in 
which the land is sold or diverted [plus interest at the rate 
provided for delinquent taxes] becomes due.  A determination that 
the land has been diverted to a nonagricultural use is made by the 
chief appraiser.  For purposes of this subsection, the chief 
appraiser may not consider any period during which land is owned by 
the state in determining whether the land has been diverted to a 
nonagricultural use.  The chief appraiser shall deliver a notice of 
the determination to the owner of the land as soon as possible after 
making the determination and shall include in the notice an 
explanation of the owner's right to protest the determination.  If 
the owner does not file a timely protest or if the final 
determination of the protest is that the additional taxes are due, 
the assessor for each taxing unit shall prepare and deliver a bill 
for the additional taxes [plus interest] as soon as practicable 
after the change of use occurs.  If the additional taxes are due 
because of a sale of the land, the assessor for each taxing unit 
shall prepare and deliver the bill as soon as practicable after the 
sale occurs.  The taxes [and interest] are due and become delinquent 
and incur penalties and interest as provided by law for other 
delinquent ad valorem taxes imposed by the taxing unit if not paid 
before the next February 1 that is at least 20 days after the date 
the bill is delivered to the owner of the land.
	(d)  A tax lien attaches to the land on the date the sale or 
change of use occurs to secure payment of the additional tax [and 
interest] imposed by Subsection (c) [of this section] and any 
penalties and interest incurred if the tax becomes delinquent.  The 
lien exists in favor of all taxing units for which the additional 
tax is imposed.
	(b)  Sections 23.55(a), (b), (e), (f), (m), and (n), Tax 
Code, are amended to read as follows:
	(a)  If the use of land that has been appraised as provided by 
this subchapter changes, an additional tax is imposed on the land 
equal to the difference between the taxes imposed on the land for 
each of the five years preceding the year in which the change of use 
occurs that the land was appraised as provided by this subchapter 
and the tax that would have been imposed had the land been taxed on 
the basis of market value in each of those years[, plus interest at 
an annual rate of seven percent calculated from the dates on which 
the differences would have become due].  For purposes of this 
subsection, the chief appraiser may not consider any period during 
which land is owned by the state in determining whether a change in 
the use of the land has occurred.
	(b)  A tax lien attaches to the land on the date the change of 
use occurs to secure payment of the additional tax [and interest] 
imposed by this section and any penalties incurred.  The lien exists 
in favor of all taxing units for which the additional tax is 
imposed.
	(e)  A determination that a change in use of the land has 
occurred is made by the chief appraiser.  The chief appraiser shall 
deliver a notice of the determination to the owner of the land as 
soon as possible after making the determination and shall include 
in the notice an explanation of the owner's right to protest the 
determination.  If the owner does not file a timely protest or if 
the final determination of the protest is that the additional taxes 
are due, the assessor for each taxing unit shall prepare and deliver 
a bill for the additional taxes [plus interest] as soon as 
practicable.  The taxes [and interest] are due and become 
delinquent and incur penalties and interest as provided by law for 
ad valorem taxes imposed by the taxing unit if not paid before the 
next February 1 that is at least 20 days after the date the bill is 
delivered to the owner of the land.
	(f)  The sanctions provided by Subsection (a) [of this 
section] do not apply if the change of use occurs as a result of:
		(1)  a sale for right-of-way;                                                 
		(2)  a condemnation;                                                          
		(3)  a transfer of the property to the state or a 
political subdivision of the state to be used for a public purpose; 
or
		(4)  a transfer of the property from the state, a 
political subdivision of the state, or a nonprofit corporation 
created by a municipality with a population of more than one million 
under the Development Corporation Act (Subtitle C1, Title 12, Local 
Government Code) to an individual or a business entity for purposes 
of economic development if the comptroller determines that the 
economic development is likely to generate for deposit in the 
general revenue fund during the next two fiscal bienniums an amount 
of taxes and other revenues that equals or exceeds 20 times the 
amount of additional taxes [and interest] that would have been 
imposed under Subsection (a) had the sanctions provided by that 
subsection applied to the transfer.
	(m)  For purposes of determining whether a transfer of land 
qualifies for the exemption from additional taxes provided by 
Subsection (f)(4), on an application of the entity transferring or 
proposing to transfer the land or of the individual or entity to 
which the land is transferred or proposed to be transferred, the 
comptroller shall determine the amount of taxes and other revenues 
likely to be generated as a result of the economic development for 
deposit in the general revenue fund during the next two fiscal 
bienniums.  If the comptroller determines that the amount of those 
revenues is likely to equal or exceed 20 times the amount of 
additional taxes [and interest] that would be imposed under 
Subsection (a) if the sanctions provided by that subsection applied 
to the transfer, the comptroller shall issue a letter to the 
applicant stating the comptroller's determination and shall send a 
copy of the letter by regular mail to the chief appraiser.
	(n)  Within one year of the conclusion of the two fiscal 
bienniums for which the comptroller issued a letter as provided 
under Subsection (m), the board of directors of the appraisal 
district, by official board action, may direct the chief appraiser 
to request the comptroller to determine if the amount of revenues 
was equal to or exceeded 20 times the amount of taxes [and interest] 
that would have been imposed under Subsection (a).  The comptroller 
shall issue a finding as to whether the amount of revenue met the 
projected increases.  The chief appraiser shall review the results 
of the comptroller's finding and shall make a determination as to 
whether sanctions under Subsection (a) should be imposed.  If the 
chief appraiser determines that the sanctions provided by 
Subsection (a) shall be imposed, the sanctions shall be based on the 
date of the transfer of the property under Subsection (f)(4).
	(c)  Sections 23.58(c) and (d), Tax Code, are amended to read 
as follows:    
	(c)  A provision in an instrument pertaining to a loan 
secured by a lien in favor of the lender on land appraised according 
to this subchapter that requires the borrower to make a payment to 
protect the lender from loss because of the imposition of 
additional taxes [and interest] under Section 23.55 is void unless 
the provision:
		(1)  requires the borrower to pay into an escrow 
account established by the lender an amount equal to the additional 
taxes [and interest] that would be due under Section 23.55 if a 
change of use occurred on January 1 of the year in which the loan is 
granted or amended;
		(2)  requires the escrow account to bear interest to be 
credited to the account monthly;
		(3)  permits the lender to apply money in the escrow 
account to the payment of a bill for additional taxes [and interest] 
under Section 23.55 before the loan is paid and requires the lender 
to refund the balance remaining in the escrow account after the bill 
is paid to the borrower; and
		(4)  requires the lender to refund the money in the 
escrow account to the borrower on the payment of the loan.
	(d)  On the request of the borrower or the borrower's 
representative, the assessor for each taxing unit shall compute the 
additional taxes [and interest] that would be due that taxing unit 
under Section 23.55 if a change of use occurred on January 1 of the 
year in which the loan is granted or amended.  The assessor may 
charge a reasonable fee not to exceed the actual cost of making the 
computation.
	(d)  Sections 23.46(c) and (d), Tax Code, as amended by this 
section, apply only to a sale or diversion to a nonagricultural use 
of land appraised under Subchapter C, Chapter 23, Tax Code, that 
occurs on or after the effective date of this section.
	(e)  Sections 23.55(a), (b), (e), (f), (m), and (n), Tax 
Code, as amended by this section, apply only to a change of use of 
land appraised under Subchapter D, Chapter 23, Tax Code, that 
occurs on or after the effective date of this section.
	(f)  Sections 23.58(c) and (d), Tax Code, as amended by this 
section, apply only to a loan secured by a lien on open-space land 
that is contracted for on or after the effective date of this 
section.
	(g)  This section takes effect September 1, 2009.                              
	(2)  In SECTION 18 of the bill (page 5, line 32) strike "This" 
and substitute "Except as otherwise provided by this Act, this".
	(3)  In SECTION 19 of the bill, the effective date provision 
(page 5, line 35), strike "This" and substitute "Except as 
otherwise provided by this Act, this".