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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority to waive certain penalties and interest |
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in order to facilitate the settlement of an ad valorem tax appeal. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.42(c), Tax Code, is amended to read as |
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follows: |
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(c) If the final determination of an appeal occurs after the |
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property owner has paid a portion of the tax finally determined to |
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be due as required by Section 42.08, the assessor for each affected |
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taxing unit shall prepare and mail a supplemental tax bill in the |
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form and manner prescribed by Subsection (b). The additional tax is |
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due and becomes delinquent as provided by Subsection (b), but the |
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property owner is liable for penalties and interest on the tax |
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included in the supplemental bill calculated as provided by Section |
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33.01 as if the tax included in the supplemental bill became |
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delinquent on the original delinquency date prescribed by Chapter |
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31. If the final determination of the appeal occurs pursuant to a |
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settlement agreement filed with the court, the property owner and |
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the chief appraiser may agree to waive the penalties and interest |
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otherwise required by this subsection on the additional tax due |
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each affected taxing unit as a term of the settlement agreement. |
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SECTION 2. Section 42.43(b), Tax Code, is amended to read as |
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follows: |
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(b) For a refund made under this section, the taxing unit |
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shall include with the refund interest on the amount refunded |
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calculated at an annual rate of 9.5 percent, calculated from the |
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delinquency date for the taxes until the date the refund is made. |
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If the final determination of the appeal occurs pursuant to a |
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settlement agreement filed with the court, the property owner and |
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the chief appraiser may agree to waive the interest otherwise |
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required by this subsection on the amount refunded to the property |
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owner as a term of the settlement agreement. |
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SECTION 3. The change in law made by this Act applies to an |
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appeal under Chapter 42, Tax Code, that is pending on the effective |
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date of this Act or that is filed on or after that date. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |