Bill Text: TX HB1417 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the appraisal for ad valorem tax purposes of property owned by certain telecommunications providers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-20 - Left pending in committee [HB1417 Detail]
Download: Texas-2023-HB1417-Introduced.html
| 88R2374 RDS-F | ||
| By: King of Uvalde | H.B. No. 1417 | |
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| relating to the appraisal for ad valorem tax purposes of property | ||
| owned by certain telecommunications providers. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 23, Tax Code, is amended by | ||
| adding Section 23.1212 to read as follows: | ||
| Sec. 23.1212. PROPERTY OWNED BY SMALL PROVIDER; VALUE. (a) | ||
| In this section: | ||
| (1) "Incumbent local exchange company," "local | ||
| exchange company," and "telecommunications utility" have the | ||
| meanings assigned by Section 51.002, Utilities Code. | ||
| (2) "Presumptive appraised value" means the value | ||
| equal to 20 percent of the net book value of taxable property on | ||
| January 1 of a tax year. | ||
| (3) "Small provider" means a telecommunications | ||
| utility that is: | ||
| (A) an incumbent local exchange company or | ||
| cooperative that, on September 1, 2013, together with all local | ||
| exchange companies affiliated with the company or cooperative on | ||
| that date, served 31,000 or fewer access lines in this state; or | ||
| (B) a company or cooperative that is a successor | ||
| to a company or cooperative described by Paragraph (A). | ||
| (b) A small provider that owns taxable real or personal | ||
| property in more than one appraisal district may elect to have the | ||
| property appraised for a tax year as provided by this section. | ||
| (c) To elect appraisal of property for a tax year under this | ||
| section, a small provider must submit a written request not later | ||
| than March 1 of the tax year to the chief appraiser of each | ||
| appraisal district for which the election is made. The request | ||
| must: | ||
| (1) state the presumptive appraised value on January 1 | ||
| of that tax year of the small provider's taxable property in the | ||
| appraisal district for which the request is submitted; and | ||
| (2) include an accounting report that: | ||
| (A) demonstrates the net book value of the small | ||
| provider's taxable property in the appraisal district; and | ||
| (B) is prepared and certified by a certified or | ||
| licensed public accountant who is not an employee of the small | ||
| provider. | ||
| (d) Except as provided by Subsection (e), a chief appraiser | ||
| who receives a request timely submitted under this section must | ||
| appraise the property that is the subject of the request at the | ||
| property's presumptive appraised value. | ||
| (e) A chief appraiser may increase the appraised value of a | ||
| small provider's real and personal property to an amount greater | ||
| than the presumptive appraised value if the increase is supported | ||
| by a preponderance of the evidence. | ||
| SECTION 2. This Act applies only to an ad valorem tax year | ||
| that begins on or after the effective date of this Act. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
