Bill Text: TX SB1051 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the calculation of certain ad valorem tax rates of a taxing unit for a year in which a property owner provides notice that the owner intends to appeal an order of an appraisal review board determining a protest by the owner regarding the appraisal of the owner's property.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-03 - Filed [SB1051 Detail]
Download: Texas-2025-SB1051-Introduced.html
89R3984 RDS-F | ||
By: Hinojosa of Hidalgo | S.B. No. 1051 |
|
||
|
||
relating to the calculation of certain ad valorem tax rates of a | ||
taxing unit for a year in which a property owner provides notice | ||
that the owner intends to appeal an order of an appraisal review | ||
board determining a protest by the owner regarding the appraisal of | ||
the owner's property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 5.07(g), Tax Code, is amended to read as | ||
follows: | ||
(g) The forms described by Subsection (f) must be in an | ||
electronic format and: | ||
(1) have blanks that can be filled in electronically; | ||
(2) be capable of being certified by the designated | ||
officer or employee after completion as accurately calculating the | ||
applicable tax rates and using values that are the same as the | ||
values shown in, as applicable: | ||
(A) the taxing unit's certified appraisal roll; | ||
or | ||
(B) the certified estimate of taxable value of | ||
property in the taxing unit prepared under Section 26.01(a-1); | ||
[ |
||
(3) be capable of being electronically incorporated | ||
into the property tax database maintained by each appraisal | ||
district under Section 26.17 and submitted electronically to the | ||
county assessor-collector of each county in which all or part of the | ||
territory of the taxing unit is located; and | ||
(4) be capable of including the addendum to the forms | ||
required by Section 26.04(d-3), if applicable. | ||
SECTION 2. Section 26.012, Tax Code, is amended by adding | ||
Subdivisions (1-a), (1-b), (2-a), and (20) to read as follows: | ||
(1-a) "Anticipated substantial litigation" means one | ||
or more appeals filed or intended to be filed under Chapter 42 for a | ||
tax year by a single property owner or by one or more associated | ||
business entities of a single property owner of one or more orders | ||
of an appraisal review board determining one or more protests by the | ||
owner or entities of the taxable value of one or more parcels of | ||
property located in an appraisal district, if any of the properties | ||
had a taxable value in the preceding tax year that was one of the 20 | ||
highest in the appraisal district. | ||
(1-b) "Associated business entity" means a subsidiary | ||
or other associated business entity of a property owner. | ||
(2-a) "Contested taxable value" means for a tax year | ||
the difference between: | ||
(A) the taxable value of a property stated in or | ||
determined from: | ||
(i) an order issued by the appraisal review | ||
board hearing a protest pertaining to the property for the tax year | ||
under Chapter 41; or | ||
(ii) if the appraisal review board has not | ||
issued an order determining the protest, the notice of appraised | ||
value for the property delivered under Section 25.19 for the most | ||
recent tax year; and | ||
(B) the: | ||
(i) taxable value of the property asserted | ||
by the owner of the property in an appeal of the appraisal review | ||
board order under Chapter 42; or | ||
(ii) if the owner has not filed an appeal, a | ||
good faith determination of the taxable value the owner will assert | ||
in the appeal. | ||
(20) "Uncontested taxable value" means the portion of | ||
the taxable value of a property that is not contested taxable value. | ||
SECTION 3. Section 26.012(6), Tax Code, is amended to read | ||
as follows: | ||
(6) "Current total value" means the total taxable | ||
value of property listed on the appraisal roll for the current year, | ||
including all appraisal roll supplements and corrections as of the | ||
date of the calculation, less the taxable value of property | ||
exempted for the current tax year for the first time under Section | ||
11.31 or 11.315, except that: | ||
(A) the current total value for a school district | ||
excludes: | ||
(i) the total value of homesteads that | ||
qualify for a tax limitation as provided by Section 11.26; | ||
(ii) new property value of property that is | ||
subject to an agreement entered into under former Subchapter B or C, | ||
Chapter 313; and | ||
(iii) new property value of property that | ||
is subject to an agreement entered into under Subchapter T, Chapter | ||
403, Government Code; [ |
||
(B) the current total value for a county, | ||
municipality, or junior college district excludes the total value | ||
of homesteads that qualify for a tax limitation provided by Section | ||
11.261; and | ||
(C) the current total value for a taxing unit | ||
excludes the portion of the aggregate taxable value of all of the | ||
property located in the taxing unit that is included as part of | ||
anticipated substantial litigation that consists of contested | ||
taxable value. | ||
SECTION 4. Section 26.04(d-3), Tax Code, is amended to read | ||
as follows: | ||
(d-3) As soon as practicable after the designated officer or | ||
employee calculates the no-new-revenue tax rate and the | ||
voter-approval tax rate of the taxing unit, the designated officer | ||
or employee shall submit the tax rate calculation forms used in | ||
calculating the rates to the county assessor-collector for each | ||
county in which all or part of the territory of the taxing unit is | ||
located. If an amount described by Section 26.012(6)(C) is | ||
excluded from the current total value of a taxing unit for a tax | ||
year, the designated officer or employee for the taxing unit shall | ||
include as an addendum to the tax rate calculation forms for that | ||
tax year: | ||
(1) documentation that supports the exclusion; and | ||
(2) each statement submitted to the designated officer | ||
or employee under Section 41.48(c)(2) for that tax year. | ||
SECTION 5. Section 26.16(d-1), Tax Code, is amended to read | ||
as follows: | ||
(d-1) In addition to posting the information described by | ||
Subsection (a), the county assessor-collector shall post on the | ||
Internet website of the county for each taxing unit all or part of | ||
the territory of which is located in the county: | ||
(1) the tax rate calculation forms used by the | ||
designated officer or employee of each taxing unit to calculate the | ||
no-new-revenue and voter-approval tax rates of the taxing unit for | ||
the most recent five tax years beginning with the 2020 tax year, as | ||
certified by the designated officer or employee under Section | ||
26.04(d-2), along with the addendum to those forms required by | ||
Section 26.04(d-3), if applicable; and | ||
(2) the name and official contact information for each | ||
member of the governing body of the taxing unit. | ||
SECTION 6. Sections 26.17(e) and (f), Tax Code, are amended | ||
to read as follows: | ||
(e) The officer or employee designated by the governing body | ||
of each taxing unit in which the property is located to calculate | ||
the no-new-revenue tax rate and the voter-approval tax rate for the | ||
taxing unit must electronically incorporate into the database: | ||
(1) the information described by Subsections (b)(5), | ||
(6), (7), (12), and (13), as applicable, as the information becomes | ||
available; and | ||
(2) the tax rate calculation forms prepared under | ||
Section 26.04(d-1), along with the addendum to those forms required | ||
by Section 26.04(d-3), if applicable, at the same time the | ||
designated officer or employee submits the tax rates to the | ||
governing body of the taxing unit under Section 26.04(e). | ||
(f) The chief appraiser shall make the information | ||
described by Subsection (e)(1) and the tax rate calculation forms, | ||
along with the addendum to those forms required by Section | ||
26.04(d-3), if applicable, described by Subsection (e)(2) | ||
available to the public not later than the third business day after | ||
the date the information and forms are incorporated into the | ||
database. | ||
SECTION 7. Subchapter C, Chapter 41, Tax Code, is amended by | ||
adding Section 41.48 to read as follows: | ||
Sec. 41.48. NOTICE OF CERTAIN APPEALS; SUBMISSIONS BY | ||
PROPERTY OWNER. (a) In this section, "anticipated substantial | ||
litigation," "associated business entity," and "uncontested | ||
taxable value" have the meanings assigned by Section 26.012. | ||
(b) Not later than July 1, the chief appraiser of each | ||
appraisal district shall notify: | ||
(1) each owner of property located in the appraisal | ||
district that had a taxable value in the preceding tax year that was | ||
one of the 20 highest in the appraisal district that the owner may | ||
have to comply with the requirements of this section; and | ||
(2) each taxing unit wholly or partly located in the | ||
appraisal district of the name of each owner described by | ||
Subdivision (1) who owns property located in the taxing unit. | ||
(c) A property owner or associated business entity of the | ||
owner that intends to file an appeal under Chapter 42 that is part | ||
of anticipated substantial litigation shall submit to the officer | ||
or employee designated under Section 26.04(c) by the governing body | ||
of each taxing unit in which the property included in the litigation | ||
is located: | ||
(1) the total amount of uncontested taxable value of | ||
all property located in the taxing unit that may be the subject of | ||
an appeal by the property owner or entity and that is part of the | ||
litigation; and | ||
(2) a written statement providing that the property | ||
owner or entity intends to pay the tax due on the amount of the | ||
uncontested taxable value. | ||
(d) A property owner or associated business entity of the | ||
property owner must submit the information required to be submitted | ||
under this section not later than the earlier of August 7 or the | ||
21st day after the date the first hearing regarding a protest of the | ||
value of any property included in the anticipated substantial | ||
litigation is conducted under this chapter. | ||
(e) Notwithstanding any other provision of this section, | ||
the amount of uncontested taxable value submitted to a designated | ||
officer or employee under this section may be used by the designated | ||
officer or employee only for the purpose of calculating a tax rate | ||
under Section 26.04 and may not be construed as an amount of value | ||
of a property that is not in dispute for purposes of a proceeding | ||
under Chapter 42. | ||
SECTION 8. (a) Except as provided by Subsection (b) of this | ||
section, the changes in law made by this Act apply to an ad valorem | ||
tax year that begins on or after January 1, 2026. | ||
(b) If this Act receives the vote necessary to have | ||
immediate effect, the changes in law made by this Act apply to an ad | ||
valorem tax year that begins on or after January 1, 2025. | ||
SECTION 9. 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, 2025. |