83R19691 TJB-F
 
  By: Eiland H.B. No. 1897
 
  Substitute the following for H.B. No. 1897:
 
  By:  Hilderbran C.S.H.B. No. 1897
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the exemption from ad valorem taxation of pollution
  control property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.31(i), Tax Code, is amended to read as
  follows:
         (i)  A chief appraiser may not accept an application for an
  exemption authorized by this section and a property owner is not
  entitled to the exemption unless the property owner provides to the
  chief appraiser at the time the property owner files the
  application [A person seeking an exemption under this section shall
  provide to the chief appraiser] a copy of the letter issued by the
  executive director of the Texas Commission on Environmental Quality
  under Subsection (d) determining that the facility, device, or
  method is used wholly or partly as pollution control property. The
  chief appraiser shall accept a final determination by the executive
  director as conclusive evidence that the facility, device, or
  method is used wholly or partly as pollution control property. A
  property owner is not entitled to an exemption authorized by this
  section, or to relief for the denial of the exemption, in whole or
  in part, for any tax year preceding the tax year in which the
  property owner satisfies the requirements of this subsection.
         SECTION 2.  The changes in law made by this Act apply only to
  an application for an exemption that is pending before a chief
  appraiser on the effective date of this Act or is filed with a chief
  appraiser on or after the effective date of this Act. An
  application for an exemption that is filed with a chief appraiser
  before the effective date of this Act and is not pending on the
  effective date of this Act is governed by the law in effect when the
  application was filed, and the former law is continued in effect for
  that purpose.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.