81R5389 JE-D
 
  By: Shapleigh S.B. No. 678
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the additional tax imposed on land appraised for ad
  valorem tax purposes as open-space land if a change of use of the
  land occurs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 23.55(a), Tax Code, is 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 10 [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.
         SECTION 2.  The change in law to Section 23.55, Tax Code,
  made by this Act applies only to a change in the use of land
  appraised under Subchapter D, Chapter 23, Tax Code, that occurs on
  or after the effective date of this Act. A change in the use of land
  appraised under Subchapter D, Chapter 23, Tax Code, that occurred
  before the effective date of this Act is governed by the law in
  effect on the date the change in use occurred, and the former law is
  continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2009.