Bill Text: TX HB943 | 2013-2014 | 83rd Legislature | Introduced


Bill Title: Relating to the waiver of penalties and interest on a delinquent ad valorem tax on property owned by an individual diagnosed with certain forms of dementia.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-02-19 - Referred to Ways & Means [HB943 Detail]

Download: Texas-2013-HB943-Introduced.html
  83R1900 TJB-D
 
  By: Riddle H.B. No. 943
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the waiver of penalties and interest on a delinquent ad
  valorem tax on property owned by an individual diagnosed with
  certain forms of dementia.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 33.011, Tax Code, is amended by amending
  Subsection (d) and adding Subsection (i) to read as follows:
         (d)  A request for a waiver of penalties and interest under
  Subsection (a)(1) or (3), (b), or (h) must be made before the 181st
  day after the delinquency date.  A request for a waiver of
  penalties and interest under Subsection (a)(2) must be made before
  the first anniversary of the date the religious organization
  acquires the property. A request for a waiver of penalties and
  interest under Subsection (i) must be made before the second
  anniversary of the date the tax became delinquent. To be valid, a
  waiver of penalties or interest under this section must be
  requested in writing.  If a written request for a waiver is not
  timely made, the governing body of a taxing unit may not waive any
  penalties or interest under this section.
         (i)  In this subsection, "guardian," "durable power of
  attorney," and "personal representative" have the meanings
  assigned those terms by Sections 1002.012, 751.002, and 22.031,
  Estates Code, respectively.  The governing body of a taxing unit
  shall waive penalties and interest on a delinquent tax if the
  taxpayer, the guardian of the taxpayer, an attorney in fact or agent
  of the taxpayer under a durable power of attorney, or the personal
  representative of the taxpayer's estate:
               (1)  submits evidence showing that:
                     (A)  a licensed physician has diagnosed the
  taxpayer with Alzheimer's disease or vascular dementia before the
  date the tax became delinquent; and
                     (B)  the tax was paid not later than the second
  anniversary of the date the tax became delinquent; and
               (2)  certifies that the disease or dementia caused or
  resulted in the taxpayer's failure to pay the tax before
  delinquency.
         SECTION 2.  This Act applies only to penalties and interest
  on an ad valorem tax that becomes delinquent on or after the
  effective date of this Act.
         SECTION 3.  This Act takes effect January 1, 2014.
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