Bill Text: TX HB27 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the consideration of the use of property or a comparable property in certain appeals of an appraisal review board order.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2017-05-11 - Placed on General State Calendar [HB27 Detail]
Download: Texas-2017-HB27-Comm_Sub.html
| 85R24668 LHC-F | |||
| By: Springer | H.B. No. 27 | ||
| Substitute the following for H.B. No. 27: | |||
| By: Murphy | C.S.H.B. No. 27 | ||
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| relating to the consideration of the use of property or a comparable | ||
| property in certain appeals of an appraisal review board order. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 23, Tax Code, is amended by | ||
| adding Section 23.04 to read as follows: | ||
| Sec. 23.04. CONSIDERATION OF USE OF RETAIL PROPERTY ON | ||
| APPEAL. (a) This section applies only to an appeal of an appraisal | ||
| review board order regarding real property used for retail purposes | ||
| brought under Chapter 41A or 42 of this code or Subchapter Z, | ||
| Chapter 2003, Government Code. | ||
| (b) A property must have the same highest and best use as the | ||
| subject property to be considered a comparable property. | ||
| (c) Notwithstanding Section 23.013, a use restriction on | ||
| the subject property that prohibits the continuation of the current | ||
| use of the property, or prohibits a competitive use of the property, | ||
| by a subsequent owner or tenant may not be considered in the | ||
| determination of the property's highest and best use. This | ||
| subsection does not apply to a use restriction imposed or | ||
| enforceable by a governmental entity. | ||
| SECTION 2. The changes in law made by this Act apply only to | ||
| an appeal under Chapter 41A or 42, Tax Code, or Subchapter Z, | ||
| Chapter 2003, Government Code, that is filed on or after the | ||
| effective date of this Act. An appeal under Chapter 41A or 42, Tax | ||
| Code, or Subchapter Z, Chapter 2003, Government Code, that is filed | ||
| before the effective date of this Act is governed by the law in | ||
| effect on the date the appeal is filed, and the former law is | ||
| continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2017. | ||
