Bill Text: TX HB3243 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the payment of certain ad valorem tax refunds.
Sponsorship: Partisan Bill (Republican 1)
Status: (Engrossed - Dead) 2019-05-14 - Referred to Property Tax [HB3243 Detail]
Download: Texas-2019-HB3243-Introduced.html
| 86R8152 SMT-F | ||
| By: Murphy | H.B. No. 3243 | |
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| relating to the payment of certain ad valorem tax refunds. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 1, Tax Code, is amended by adding Section | ||
| 1.071 to read as follows: | ||
| Sec. 1.071. DELIVERY OF REFUND. (a) A collector or taxing | ||
| unit required by this title to deliver a refund to a person shall | ||
| send the refund to the person's mailing address as listed on the | ||
| appraisal roll. | ||
| (b) Notwithstanding Subsection (a), if a person files a | ||
| written request with the collector or taxing unit that a refund owed | ||
| to the person be sent to a particular address, the collector or | ||
| taxing unit shall send the refund to the address stated in the | ||
| request. | ||
| SECTION 2. Section 11.431(b), Tax Code, is amended to read | ||
| as follows: | ||
| (b) If a late application is approved after approval of the | ||
| appraisal records by the appraisal review board, the chief | ||
| appraiser shall notify the collector for each unit in which the | ||
| residence is located not later than the 30th day after the date the | ||
| late application is approved. The collector shall deduct from the | ||
| person's tax bill the amount of tax imposed on the exempted amount | ||
| if the tax has not been paid. If the tax has been paid, the | ||
| collector shall refund to the person who was the owner of the | ||
| property on the date the tax was paid the amount of tax imposed on | ||
| the exempted amount. The collector shall pay the refund not later | ||
| than the 60th day after the date the chief appraiser notifies the | ||
| collector of the approval of the exemption. A person is not | ||
| required to apply for a refund under this subsection to receive the | ||
| refund. | ||
| SECTION 3. Section 11.439(b), Tax Code, is amended to read | ||
| as follows: | ||
| (b) If a late application is approved after approval of the | ||
| appraisal records for the year for which the exemption is granted, | ||
| the chief appraiser shall notify the collector for each taxing unit | ||
| in which the property was taxable in that year not later than the | ||
| 30th day after the date the late application is approved. The | ||
| collector shall correct the taxing unit's tax roll to reflect the | ||
| amount of tax imposed on the property after applying the exemption | ||
| and shall deduct from the person's tax bill the amount of tax | ||
| imposed on the exempted portion of the property for that year. If | ||
| the tax and any related penalties and interest have been paid, the | ||
| collector shall pay to the person who was the owner of the property | ||
| on the date the tax was paid a refund of the tax imposed on the | ||
| exempted portion of the property and the corresponding portion of | ||
| any related penalties and interest paid. The collector shall pay | ||
| the refund not later than the 60th day after the date the chief | ||
| appraiser notifies the collector of the approval of the exemption. | ||
| SECTION 4. Section 26.112(b), Tax Code, is amended to read | ||
| as follows: | ||
| (b) If an individual qualifies for an exemption under | ||
| Section 11.13(c) or (d), 11.133, or 11.134 with respect to the | ||
| property after the amount of the tax due on the property is | ||
| calculated and the effect of the qualification is to reduce the | ||
| amount of the tax due on the property, the assessor for each taxing | ||
| unit shall recalculate the amount of the tax due on the property and | ||
| correct the tax roll. If the tax bill has been mailed and the tax | ||
| on the property has not been paid, the assessor shall mail a | ||
| corrected tax bill to the person in whose name the property is | ||
| listed on the tax roll or to the person's authorized agent. If the | ||
| tax on the property has been paid, the tax collector for the taxing | ||
| unit shall refund to the person who was the owner of the property on | ||
| the date the tax was paid [ |
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| exceeded the tax due. | ||
| SECTION 5. Section 26.1125(b), Tax Code, is amended to read | ||
| as follows: | ||
| (b) If a person qualifies for an exemption under Section | ||
| 11.131 with respect to the property after the amount of the tax due | ||
| on the property is calculated and the effect of the qualification is | ||
| to reduce the amount of the tax due on the property, the assessor | ||
| for each taxing unit shall recalculate the amount of the tax due on | ||
| the property and correct the tax roll. If the tax bill has been | ||
| mailed and the tax on the property has not been paid, the assessor | ||
| shall mail a corrected tax bill to the person in whose name the | ||
| property is listed on the tax roll or to the person's authorized | ||
| agent. If the tax on the property has been paid, the tax collector | ||
| for the taxing unit shall refund to the person who was the owner of | ||
| the property on the date the tax was paid [ |
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| which the payment exceeded the tax due. | ||
| SECTION 6. Section 26.1127(b), Tax Code, is amended to read | ||
| as follows: | ||
| (b) If an individual qualifies for an exemption under | ||
| Section 11.132 with respect to the property after the amount of the | ||
| tax due on the property is calculated and the effect of the | ||
| qualification is to reduce the amount of the tax due on the | ||
| property, the assessor for each taxing unit shall recalculate the | ||
| amount of the tax due on the property and correct the tax roll. If | ||
| the tax bill has been mailed and the tax on the property has not been | ||
| paid, the assessor shall mail a corrected tax bill to the individual | ||
| in whose name the property is listed on the tax roll or to the | ||
| individual's authorized agent. If the tax on the property has been | ||
| paid, the tax collector for the taxing unit shall refund to the | ||
| individual who was the owner of the property on the date the tax was | ||
| paid [ |
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| SECTION 7. The change in law made by this Act applies only | ||
| to a refund made on or after the effective date of this Act. A | ||
| refund made before the effective date of this Act is governed by the | ||
| law in effect on the date the refund was made, and the former law is | ||
| continued in effect for that purpose. | ||
| SECTION 8. This Act takes effect September 1, 2019. | ||
