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A BILL TO BE ENTITLED
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AN ACT
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relating to the electronic delivery of certain communications |
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required or permitted under the Property Tax Code. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 1, Tax Code, is amended by adding Section |
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1.0851 to read as follows: |
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Sec. 1.0851. ELECTRONIC DELIVERY OF COMMUNICATION ELECTION |
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(a) Notwithstanding any other provision in this title, a |
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communication that is required or permitted by this title to be |
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delivered between a tax official and a property owner as defined in |
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subsection (o) shall be delivered electronically if the property |
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owner elects in writing on a form prescribed by the comptroller to |
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exchange communications with the tax official electronically. |
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(b) A tax official shall establish a procedure that allows |
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a property owner to make the election described by Subsection (a) of |
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this section. The procedure must specify: |
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(1) the manner in which communications will be |
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exchanged between the official and the property owner or person |
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designated by the owner; and |
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(2) the method that will be used to confirm the |
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delivery of communications. |
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(c) An election under Subsection (a) of this section by a |
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property owner remains in effect until rescinded in writing by the |
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property owner. |
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(d) A tax official may not charge a fee to accept a |
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communication delivered electronically to the official. |
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(e) A tax official may require a property owner who elects |
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to exchange communications electronically to provide an e-mail |
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address or other relevant electronic communication information. |
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(f) A tax official shall prominently display the |
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information necessary for proper electronic delivery of |
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communications to the official on: |
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(1) the official's Internet website, if applicable; |
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and |
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(2) each communication sent by the official to a |
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property owner that person designated by the owner to submit a |
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communication to the official. |
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(g) The electronic delivery of any communication by a tax |
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official to a property owner is effective on delivery by the tax |
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official. |
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(h) The electronic delivery of a communication by a property |
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owner to a tax official is timely if the communication is: |
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(1) addressed to the correct delivery portal or |
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electronic delivery system; and |
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(2) sent or uploaded on or before the date on which the |
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communication is due. |
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(j) A tax official may select the medium, format, content, |
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and method to be used by the tax official and a property owner to |
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exchange communications electronically from among those prescribed |
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by the comptroller under Subsection(n). |
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(k) A property owner who elects to exchange communications |
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electronically with a tax official under this section and who has |
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not rescinded the election shall notify the tax official of a change |
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in the e-mail address provided by the property owner before the |
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first April 1 that occurs following the change. If notification is |
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not received by the tax official before that date, until |
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notification is received, any communications delivered |
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electronically to the property owner are considered to be timely |
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delivered. |
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(l) An electronic signature that is included in any |
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communication delivered electronically under this section is |
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considered to be a digital signature for purposes of Section |
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2054.060, Government Code, and that section applies to the |
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electronic signature. |
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(m) A tax official shall accept and immediately confirm the |
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receipt of a communication delivered electronically to the official |
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by a property owner. |
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(n) The comptroller by rule shall prescribe acceptable |
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application forms, media, formats, content, and methods for the |
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electronic delivery of communications under this section. The |
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comptroller shall adopt rules for the efficient implementation of |
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this section which must be followed by all tax officials. |
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(o) In this section: |
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(1) "Communication" means a notice, rendition, |
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application form, completed application, report, filing, |
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statement, appraisal review board order, bill, or other item of |
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information required or permitted to be delivered under a provision |
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of this title. |
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(2) "Property Owner" means the owner of multi-family |
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residential, commercial, industrial or utility property and |
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includes a person designated by the property owner under Section |
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1.111(f)or an attorney for the property owner. |
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(3) "Tax official" means: |
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(A) a chief appraiser, an appraisal district, an |
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appraisal review board, an assessor, a collector, or a taxing unit; |
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or |
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(B) a person designated by a person listed in |
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Paragraph (A) to perform a function on behalf of that person. |
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SECTION 2. This Act takes effect January 1, 2024 for |
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counties with a population of 120,000 or more, and takes effect |
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January 1, 2025 for counties with a population less than 120,000. |