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A BILL TO BE ENTITLED
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AN ACT
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relating to the additional tax imposed on land appraised for ad |
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valorem tax purposes as open-space land if a change of use of the |
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land occurs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 23.55(a), Tax Code, is amended to read as |
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follows: |
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(a) If the use of land that has been appraised as provided by |
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this subchapter changes, an additional tax is imposed on the land |
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equal to the difference between the taxes imposed on the land for |
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each of the 10 [five] years preceding the year in which the change |
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of use occurs that the land was appraised as provided by this |
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subchapter and the tax that would have been imposed had the land |
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been taxed on the basis of market value in each of those years, plus |
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interest at an annual rate of seven percent calculated from the |
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dates on which the differences would have become due. For purposes |
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of this subsection, the chief appraiser may not consider any period |
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during which land is owned by the state in determining whether a |
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change in the use of the land has occurred. |
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SECTION 2. The change in law to Section 23.55, Tax Code, |
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made by this Act applies only to a change in the use of land |
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appraised under Subchapter D, Chapter 23, Tax Code, that occurs on |
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or after the effective date of this Act. A change in the use of land |
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appraised under Subchapter D, Chapter 23, Tax Code, that occurred |
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before the effective date of this Act is governed by the law in |
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effect on the date the change in use occurred, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |