Bill Text: TX SB931 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the authority to waive certain penalties and interest in order to facilitate the settlement of an ad valorem tax appeal.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-27 - Left pending in committee [SB931 Detail]
Download: Texas-2017-SB931-Introduced.html
| 85R6698 CJC-F | ||
| By: Seliger | S.B. No. 931 | |
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| relating to the authority to waive certain penalties and interest | ||
| in order to facilitate the settlement of an ad valorem tax appeal. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 42.42(c), Tax Code, is amended to read as | ||
| follows: | ||
| (c) If the final determination of an appeal occurs after the | ||
| property owner has paid a portion of the tax finally determined to | ||
| be due as required by Section 42.08, the assessor for each affected | ||
| taxing unit shall prepare and mail a supplemental tax bill in the | ||
| form and manner prescribed by Subsection (b). The additional tax is | ||
| due and becomes delinquent as provided by Subsection (b), but the | ||
| property owner is liable for penalties and interest on the tax | ||
| included in the supplemental bill calculated as provided by Section | ||
| 33.01 as if the tax included in the supplemental bill became | ||
| delinquent on the original delinquency date prescribed by Chapter | ||
| 31. If the final determination of the appeal occurs pursuant to a | ||
| settlement agreement filed with the court, the property owner and | ||
| the chief appraiser may agree to waive the penalties and interest | ||
| otherwise required by this subsection on the additional tax due | ||
| each affected taxing unit as a term of the settlement agreement. | ||
| SECTION 2. Section 42.43(b), Tax Code, is amended to read as | ||
| follows: | ||
| (b) For a refund made under this section, the taxing unit | ||
| shall include with the refund interest on the amount refunded | ||
| calculated at an annual rate of 9.5 percent, calculated from the | ||
| delinquency date for the taxes until the date the refund is made. | ||
| If the final determination of the appeal occurs pursuant to a | ||
| settlement agreement filed with the court, the property owner and | ||
| the chief appraiser may agree to waive the interest otherwise | ||
| required by this subsection on the amount refunded to the property | ||
| owner as a term of the settlement agreement. | ||
| SECTION 3. The change in law made by this Act applies to an | ||
| appeal under Chapter 42, Tax Code, that is pending on the effective | ||
| date of this Act or that is filed on or after that date. | ||
| SECTION 4. 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. | ||
