| 88R4412 RDS-D | ||
| By: Lozano | H.B. No. 3163 | |
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| relating to the calculation of net to land in the appraisal of | ||
| open-space land for ad valorem tax purposes. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 23.51(4), Tax Code, is amended to read as | ||
| follows: | ||
| (4) "Net to land" means the average annual net income | ||
| derived from the use of open-space land that would have been earned | ||
| from the land during the five-year period preceding the year before | ||
| the appraisal by an owner using ordinary prudence in the management | ||
| of the land and the farm crops or livestock produced or supported on | ||
| the land and, in addition, any income received from hunting or | ||
| recreational leases. The chief appraiser shall calculate net to | ||
| land by considering the income that would be due to the owner of the | ||
| land under a cash lease[ |
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| arrangement [ |
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| all expenses directly attributable to the agricultural use of the | ||
| land by the owner shall be subtracted from this owner income and the | ||
| results shall be used in income capitalization. In calculating net | ||
| to land, a reasonable deduction shall be made for any depletion that | ||
| occurs of underground water used in the agricultural operation. | ||
| For land that qualifies under Subdivision (7) for appraisal under | ||
| this subchapter, the chief appraiser may not consider in the | ||
| calculation of net to land the income that would be due to the owner | ||
| under a hunting or recreational lease of the land. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to the appraisal of open-space land for a tax year that begins on or | ||
| after the effective date of this Act. | ||
| SECTION 3. This Act takes effect January 1, 2024. | ||