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A BILL TO BE ENTITLED
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AN ACT
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relating to the repeal of the additional ad valorem taxes imposed as |
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a result of certain changes in the use of agricultural or open-space |
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land. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.07(d), Tax Code, is amended to read as |
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follows: |
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(d) A notice required by Section 11.43(q), 11.45(d), |
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23.44(d), [23.46(c) or (f),] 23.54(e), 23.541(c), [23.55(e),] |
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23.551(a), 23.57(d), 23.76(e), 23.79(d), or 23.85(d) must be sent |
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by certified mail. |
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SECTION 2. Section 23.20(g), Tax Code, is amended to read as |
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follows: |
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(g) A waiver of a special appraisal of property under |
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Subchapter [C, D,] E, F, or G [of this chapter] does not constitute |
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a change of use of the property or diversion of the property to |
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another use for purposes of the imposition of additional taxes |
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under any of those subchapters. |
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SECTION 3. Subchapter C, Chapter 23, Tax Code, is amended by |
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adding Section 23.465 to read as follows: |
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Sec. 23.465. DETERMINATION OF CHANGE OF USE OF LAND. A |
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determination that the land has been diverted to a nonagricultural |
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use is made by the chief appraiser. For purposes of this section, |
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the chief appraiser may not consider any period during which land is |
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owned by the state in determining whether the land has been diverted |
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to a nonagricultural use. The chief appraiser shall deliver a |
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notice of the determination to the owner of the land as soon as |
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possible after making the determination and shall include in the |
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notice an explanation of the owner's right to protest the |
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determination. |
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SECTION 4. Section 23.52(e), Tax Code, is amended to read as |
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follows: |
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(e) The [For the purposes of Section 23.55 of this code,
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the] chief appraiser [also] shall determine the market value of |
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qualified open-space land and shall record both the market value |
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and the appraised value in the appraisal records. |
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SECTION 5. Section 23.524(e), Tax Code, as added by Chapter |
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44 (S.B. 1459), Acts of the 85th Legislature, Regular Session, |
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2017, is amended to read as follows: |
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(e) Notwithstanding Subsection (b) or (c), the eligibility |
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of [For the purposes of this subchapter, a change of use of the] |
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land subject to this section for appraisal under this subchapter is |
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considered to have ended [occurred] on the day the period |
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prescribed by Subsection (c) begins if the owner has not fully |
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complied with the terms of the agreement described by Subsection |
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(b) on the date the agreement ends. |
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SECTION 6. Subchapter D, Chapter 23, Tax Code, is amended by |
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adding Section 23.545 to read as follows: |
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Sec. 23.545. DETERMINATION OF CHANGE OF USE OF LAND. A |
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determination that a change in use of the land has occurred is made |
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by the chief appraiser. The chief appraiser shall deliver a notice |
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of the determination to the owner of the land as soon as possible |
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after making the determination and shall include in the notice an |
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explanation of the owner's right to protest the determination. |
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SECTION 7. Sections 23.551(a) and (d), Tax Code, are |
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amended to read as follows: |
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(a) If land appraised as provided by this subchapter is |
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owned by an individual 65 years of age or older, before making a |
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determination that [a change in use of] the land is no longer |
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eligible for appraisal under this subchapter [has occurred], the |
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chief appraiser shall deliver a written notice to the owner stating |
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that the chief appraiser believes [a change in use of] the land may |
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no longer be eligible for appraisal under this subchapter [have
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occurred]. |
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(d) If the chief appraiser does not receive a response on or |
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before the 60th day after the date the notice is mailed, the chief |
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appraiser must make a reasonable effort to locate the owner and |
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determine whether the land remains eligible to be appraised as |
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provided by this subchapter before determining that [a change in
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use of] the land is no longer eligible for appraisal under this |
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subchapter [has occurred]. |
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SECTION 8. Sections 31.01(c) and (c-1), Tax Code, are |
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amended to read as follows: |
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(c) The tax bill or a separate statement accompanying the |
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tax bill shall: |
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(1) identify the property subject to the tax; |
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(2) state the appraised value, assessed value, and |
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taxable value of the property; |
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(3) if the property is land appraised as provided by |
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Subchapter [C, D,] E[,] or H, Chapter 23, state the market value and |
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the taxable value for purposes of deferred or additional taxation |
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as provided by Section [23.46, 23.55,] 23.76[,] or 23.9807, as |
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applicable; |
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(4) if the property is land appraised as provided by |
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Subchapter C or D, Chapter 23, state the market value of the land; |
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(5) state the assessment ratio for the unit; |
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(6) [(5)] state the type and amount of any partial |
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exemption applicable to the property, indicating whether it applies |
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to appraised or assessed value; |
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(7) [(6)] state the total tax rate for the unit; |
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(8) [(7)] state the amount of tax due, the due date, |
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and the delinquency date; |
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(9) [(8)] explain the payment option and discounts |
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provided by Sections 31.03 and 31.05, if available to the unit's |
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taxpayers, and state the date on which each of the discount periods |
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provided by Section 31.05 concludes, if the discounts are |
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available; |
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(10) [(9)] state the rates of penalty and interest |
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imposed for delinquent payment of the tax; |
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(11) [(10)] include the name and telephone number of |
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the assessor for the unit and, if different, of the collector for |
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the unit; |
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(12) [(11)] for real property, state for the current |
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tax year and each of the preceding five tax years: |
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(A) the appraised value and taxable value of the |
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property; |
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(B) the total tax rate for the unit; |
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(C) the amount of taxes imposed on the property |
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by the unit; and |
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(D) the difference, expressed as a percent |
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increase or decrease, as applicable, in the amount of taxes imposed |
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on the property by the unit compared to the amount imposed for the |
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preceding tax year; and |
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(13) [(12)] for real property, state the differences, |
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expressed as a percent increase or decrease, as applicable, in the |
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following for the current tax year as compared to the fifth tax year |
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before that tax year: |
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(A) the appraised value and taxable value of the |
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property; |
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(B) the total tax rate for the unit; and |
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(C) the amount of taxes imposed on the property |
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by the unit. |
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(c-1) If for any of the preceding six tax years any |
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information required by Subsection (c)(12) [(c)(11)] or (13) [(12)] |
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to be included in a tax bill or separate statement is unavailable, |
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the tax bill or statement must state that the information is not |
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available for that year. |
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SECTION 9. Section 60.022, Agriculture Code, is amended to |
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read as follows: |
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Sec. 60.022. CONTENTS OF PETITION. A petition filed under |
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Section 60.021 must: |
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(1) describe the boundaries of the proposed district |
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by metes and bounds or by lot and block number, if there is a |
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recorded map or plat and survey of the area; |
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(2) include a name for the proposed district, which |
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must include the term "Agricultural Development District"; |
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(3) be signed by the landowners of any land to be |
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included within the proposed district and provide an acknowledgment |
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consistent with Section 121.001, Civil Practice and Remedies Code, |
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that the landowners desire the land to be included in the district; |
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(4) include the names of at least five persons who are |
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willing and qualified to serve as temporary directors of the |
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district; |
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(5) name each county in which any agricultural |
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facilities to be owned by the district are to be located; |
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(6) name each municipality in which any part of the |
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district is to be located; |
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(7) state the general nature of the proposed |
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development and the cost of the development as then estimated by the |
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petitioners; |
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(8) state the necessity and feasibility of the |
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proposed district and whether the district will serve the public |
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purpose of furthering agricultural interests; |
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(9) include a pledge that the district will make |
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payments in lieu of taxes to any school district and county in which |
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any real property to be owned by the district is located, in [as
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follows:
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[(A)] annual payments to each entity that are |
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equal to the amount of taxes imposed on the real property by the |
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entity in the year of the district's creation; and |
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[(B)
a payment to each entity equal to the amount
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that would be due under Section 23.55, Tax Code, on the district's
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date of creation; and] |
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(10) include a pledge that, if the district employs |
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more than 50 persons, the district will make payments in lieu of |
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taxes to any school district, in addition to those made under |
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Subdivision (9), in an amount negotiated between the district and |
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the school district. |
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SECTION 10. Section 21.0421(e), Property Code, is amended |
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to read as follows: |
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(e) This section does not[:
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[(1)] authorize groundwater rights appraised |
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separately from the real property under this section to be |
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appraised separately from real property for property tax appraisal |
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purposes[; or
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[(2)
subject real property condemned for the purpose
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described by Subsection (a) to an additional tax as provided by
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Section 23.46 or 23.55, Tax Code]. |
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SECTION 11. The following provisions of the Tax Code are |
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repealed: |
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(1) Section 23.46; |
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(2) Sections 23.47(c) and (d); |
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(3) Section 23.55; and |
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(4) Sections 23.58(c) and (d). |
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SECTION 12. The repeal of Sections 23.46 and 23.55, Tax |
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Code, by this Act does not affect an additional tax imposed as a |
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result of a sale or diversion to a nonagricultural use of land |
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appraised under Subchapter C or a change of use of land appraised |
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under Subchapter D, Chapter 23, Tax Code, that occurred before the |
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effective date of this Act, and the former law is continued in |
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effect for purposes of that tax. |
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SECTION 13. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2019. |