|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the appraisal for ad valorem tax purposes of land |
|
subject to a quarantine established by the Texas Animal Health |
|
Commission for ticks or screwworms. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. The heading to Section 23.426, Tax Code, is |
|
amended to read as follows: |
|
Sec. 23.426. [TEMPORARY] CESSATION OF AGRICULTURAL USE DUE |
|
TO QUARANTINE FOR TICKS OR SCREWWORMS. |
|
SECTION 2. Sections 23.426(a) and (b), Tax Code, are |
|
amended to read as follows: |
|
(a) The entitlement of an individual to have land the |
|
individual owns designated for agricultural use under this |
|
subchapter does not end because the individual ceases exclusively |
|
or continuously using the land for agriculture as an occupation or a |
|
business venture for profit for the period prescribed by Subsection |
|
(b) if the land: |
|
(1) is subject to a [temporary] quarantine established |
|
at any time during the tax year by the Texas Animal Health |
|
Commission for the purpose of regulating the handling of livestock |
|
and eradicating ticks or exposure to ticks under Chapter 167, |
|
Agriculture Code, or eradicating screwworms or exposure to |
|
screwworms; and |
|
(2) otherwise continues to qualify for the designation |
|
under Section 23.42. |
|
(b) Subsection (a) applies to land eligible for appraisal |
|
under this subchapter only during the period that begins on the date |
|
the land is designated as a tick or screwworm eradication area and |
|
that ends on the date the land is released from quarantine by the |
|
Texas Animal Health Commission. |
|
SECTION 3. The heading to Section 23.48, Tax Code, is |
|
amended to read as follows: |
|
Sec. 23.48. REAPPRAISAL OF LAND SUBJECT TO [TEMPORARY] |
|
QUARANTINE FOR TICKS OR SCREWWORMS. |
|
SECTION 4. Sections 23.48(a), (b), and (e), Tax Code, are |
|
amended to read as follows: |
|
(a) An owner of land designated for agricultural use on |
|
which the Texas Animal Health Commission has established a |
|
[temporary] quarantine of at least 90 days in length in the current |
|
tax year for the purpose of regulating the handling of livestock and |
|
eradicating ticks or screwworms or exposure to ticks or screwworms |
|
at any time during a tax year is entitled to a reappraisal of the |
|
owner's land for that year on written request delivered to the chief |
|
appraiser. |
|
(b) As soon as practicable after receiving a request for |
|
reappraisal, the chief appraiser shall complete the reappraisal. |
|
In determining the appraised value of the land under Section 23.41, |
|
the effect on the value of the land caused by the infestation of |
|
ticks or screwworms is an additional factor that must be taken into |
|
account. The appraised value of land reappraised under this |
|
section may not exceed the lesser of: |
|
(1) the market value of the land as determined by other |
|
appraisal methods; or |
|
(2) one-half of the original appraised value of the |
|
land for the current tax year. |
|
(e) In appraising the land for any subsequent tax year in |
|
which the Texas Animal Health Commission quarantine remains in |
|
place, the chief appraiser shall continue to take into account the |
|
effect on the value of the land caused by the infestation of ticks |
|
or screwworms. |
|
SECTION 5. The heading to Section 23.526, Tax Code, is |
|
amended to read as follows: |
|
Sec. 23.526. [TEMPORARY] CESSATION OF AGRICULTURAL USE DUE |
|
TO QUARANTINE FOR TICKS OR SCREWWORMS. |
|
SECTION 6. Sections 23.526(a), (b), and (c), Tax Code, are |
|
amended to read as follows: |
|
(a) The eligibility of land for appraisal under this |
|
subchapter does not end because the land ceases to be devoted |
|
principally to agricultural use to the degree of intensity |
|
generally accepted in the area for the period prescribed by |
|
Subsection (b) if the land: |
|
(1) is subject to a [temporary] quarantine established |
|
at any time during the tax year by the Texas Animal Health |
|
Commission for the purpose of regulating the handling of livestock |
|
and eradicating ticks or exposure to ticks under Chapter 167, |
|
Agriculture Code, or eradicating screwworms or exposure to |
|
screwworms; |
|
(2) is appraised under this subchapter primarily on |
|
the basis of the livestock located in the area subject to quarantine |
|
in the tax year; and |
|
(3) otherwise continues to qualify for appraisal under |
|
this subchapter. |
|
(b) Subsection (a) applies to land eligible for appraisal |
|
under this subchapter only during the period that begins on the date |
|
the land is designated as a tick or screwworm eradication area and |
|
that ends on the date the land is released from quarantine by the |
|
Texas Animal Health Commission. |
|
(c) The owner of land to which this section applies must, |
|
not later than the 30th day after the date the land is designated as |
|
a tick or screwworm eradication area, notify in writing the chief |
|
appraiser for each appraisal district in which the land is located |
|
that the land is located in a tick or screwworm eradication area. |
|
SECTION 7. The heading to Section 23.60, Tax Code, is |
|
amended to read as follows: |
|
Sec. 23.60. REAPPRAISAL OF LAND SUBJECT TO [TEMPORARY] |
|
QUARANTINE FOR TICKS OR SCREWWORMS. |
|
SECTION 8. Sections 23.60(a), (b), and (e), Tax Code, are |
|
amended to read as follows: |
|
(a) An owner of qualified open-space land, other than land |
|
used for wildlife management, on which the Texas Animal Health |
|
Commission has established a [temporary] quarantine of at least 90 |
|
days in length in the current tax year for the purpose of regulating |
|
the handling of livestock and eradicating ticks or screwworms or |
|
exposure to ticks or screwworms at any time during a tax year is |
|
entitled to a reappraisal of the owner's land for that year on |
|
written request delivered to the chief appraiser. |
|
(b) As soon as practicable after receiving a request for |
|
reappraisal, the chief appraiser shall complete the reappraisal. |
|
In determining the appraised value of the land under Section 23.52, |
|
the effect on the value of the land caused by the infestation of |
|
ticks or screwworms is an additional factor that must be taken into |
|
account. The appraised value of land reappraised under this |
|
section may not exceed the lesser of: |
|
(1) the market value of the land as determined by other |
|
appraisal methods; or |
|
(2) one-half of the original appraised value of the |
|
land for the current tax year. |
|
(e) In appraising the land for any subsequent tax year in |
|
which the Texas Animal Health Commission quarantine remains in |
|
place, the chief appraiser shall continue to take into account the |
|
effect on the value of the land caused by the infestation of ticks |
|
or screwworms. |
|
SECTION 9. The changes in law made by this Act do not |
|
affect: |
|
(1) additional taxes imposed as a result of a change of |
|
use of land appraised under Subchapter C or D, Chapter 23, Tax Code, |
|
that occurred before the effective date of this Act; or |
|
(2) ad valorem taxes imposed for an ad valorem tax year |
|
that begins before the effective date of this Act. |
|
SECTION 10. This Act takes effect January 1, 2026. |