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A BILL TO BE ENTITLED
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AN ACT
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relating to the rendition of certain property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.01 (c) and (d), Tax Code, is amended |
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by adding subsections (c-1), (c-2), and (d-1) as follows: |
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(c) A person may render for taxation any property that he |
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owns or that he manages and controls as a fiduciary on January 1, |
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although he is not required to render it by Subsection (a) or (b) of |
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this section. |
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(c-1) For the purposes of this section, "Secured party" is |
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defined in Section 9.102, Business and Commerce Code and "security |
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interest" is defined in Section 1.201, Business and Commerce Code. |
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(c-2) With the consent of the property owner, a secured |
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party may render for taxation any property of the property owner in |
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which such secured party has a security interest as of January 1, |
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although he is not required to render it by subsection (a) or (b). |
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This subsection only applies to property that had a cost when new of |
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more than $50,000. |
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(d) A fiduciary who renders property shall indicate his |
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fiduciary capacity and shall state the name and address of the |
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owner. |
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(d-1) A secured party who renders property shall indicate |
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his capacity and shall state the name and address of the owner. A |
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secured party is entitled to rely upon the property owner with |
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respect to the accuracy of the rendition statement, the district in |
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which such rendition statement is filed and compliance with any |
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provisions of this chapter required the property owner to supply |
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additional information. The secured party shall not be liable for |
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any false information on the rendition statement supplied by the |
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property owner or the failure to timely file the rendition |
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statement if the property owner fails to promptly cooperate with |
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the secured party. |
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SECTION 2. Section 22.24(e), Tax Code, is amended as |
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follows: |
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(e) To be valid, a rendition or report must be sworn to |
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before an officer authorized by law to administer an oath. The |
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comptroller may not prescribe or approve a rendition or report form |
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unless the form provides for the person filing the form to swear |
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that the information provided in the rendition or report is true and |
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accurate to the best of the person's knowledge and belief. This |
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subsection does not apply to a rendition or report filed by a |
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secured party as defined in Section 9.102, Business and Commerce |
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Code, the property owner, an employee of the property owner, or an |
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employee of a property owner on behalf of an affiliated entity of |
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the property owner. |
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SECTION 3. This Act takes effect January 1, 2014. |