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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain property to continue to |
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qualify for an ad valorem tax exemption or special appraisal |
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following certain changes in ownership. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.43, Tax Code, is amended by adding |
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Subsection (c-1) to read as follows: |
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(c-1) For purposes of Subsection (c), ownership of the |
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property is not considered to have changed if ownership of the |
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property is transferred from the former owner to the surviving |
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spouse or a surviving child of the former owner. |
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SECTION 2. Section 23.54, Tax Code, is amended by adding |
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Subsection (e-1) to read as follows: |
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(e-1) For purposes of Subsection (e), the ownership of land |
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that was appraised under this subchapter in the preceding tax year |
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is not considered to have changed if, after the ownership of the |
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land is transferred from the former owner to the new owner: |
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(1) the new owner uses the land in materially the same |
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way as the former owner used the land during the preceding tax year; |
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and |
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(2) the use described by Subdivision (1) is overseen |
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or conducted by the same individuals who oversaw or conducted that |
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use during the preceding tax year. |
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SECTION 3. Section 23.541, Tax Code, is amended by adding |
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Subsection (a-1) and amending Subsection (b) to read as follows: |
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(a-1) Notwithstanding Subsection (a), the chief appraiser |
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shall accept and approve or deny an application for appraisal under |
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this subchapter after the deadline for filing the application has |
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passed if: |
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(1) the land that is the subject of the application was |
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appraised under this subchapter in the preceding tax year; |
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(2) the new owner uses the land in materially the same |
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way as the former owner used the land during the preceding tax year; |
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and |
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(3) the application is filed not later than the first |
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anniversary of the date ownership of the land was transferred from |
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the former owner to the new owner. |
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(b) If appraisal under this subchapter is approved when the |
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application is filed late, the owner is liable for a penalty of 10 |
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percent of the difference between the amount of tax imposed on the |
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property and the amount that would be imposed if the property were |
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taxed at market value. The penalty prescribed by this subsection |
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does not apply to a late application filed under Subsection (a-1). |
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SECTION 4. This Act takes effect January 1, 2024. |