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  81R10883 SMH-D
 
  By: Wentworth S.B. No. 1632
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to refunds of overpayments or erroneous payments of ad
  valorem taxes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 31.11, Tax Code, is amended by amending
  Subsection (g) and adding Subsection (i) to read as follows:
         (g)  If a taxpayer submits a payment of taxes that exceeds by
  $100 [$5] or more the amount of taxes owed for a tax year to a taxing
  unit, the collector for the taxing unit, without charge, shall mail
  to the taxpayer or the taxpayer's representative a written notice
  of the amount of the overpayment accompanied by a refund
  application form.
         (i)  Notwithstanding the other provisions of this section, a
  taxpayer is not required to apply to the tax collector of a taxing
  unit for a refund of an overpayment or erroneous payment of taxes to
  be entitled to receive the refund if the amount of the refund is at
  least $5 but is less than $100.
         SECTION 2.  Section 11.438(c), Tax Code, is amended to read
  as follows:
         (c)  If a late application is approved after approval of the
  appraisal records for a year for which the exemption is granted, the
  chief appraiser shall notify the collector for each taxing unit in
  which the property was taxable in that year. The collector shall
  deduct from the organization's tax bill the amount of tax imposed on
  the property for that year and any penalties and interest relating
  to that tax if the tax and related penalties and interest have not
  been paid. If the tax and related penalties and interest on the
  property for a tax year for which an exemption is granted under this
  section were paid under protest, the organization is eligible [may
  apply] for a refund of the tax, penalties, and interest paid as
  provided by Section 31.11. The deadline prescribed by Section
  31.11(c) for applying for a refund does not apply to a refund under
  this section.
         SECTION 3.  This Act applies only to ad valorem taxes imposed
  for a tax year that begins on or after the effective date of this
  Act.
         SECTION 4.  This Act takes effect January 1, 2010.