Bill Text: TX SB972 | 2017-2018 | 85th Legislature | Comm Sub


Bill Title: Relating to the reappraisal for ad valorem taxation purposes of real property on which a building completely destroyed by a casualty is located.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2017-05-23 - Placed on General State Calendar [SB972 Detail]

Download: Texas-2017-SB972-Comm_Sub.html
 
 
  By: Zaffirini, et al. S.B. No. 972
 
  (King of Uvalde)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the reappraisal for ad valorem taxation purposes of
  real property on which a building completely destroyed by a
  casualty is located.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 23, Tax Code, is amended by
  adding Section 23.025 to read as follows:
         Sec. 23.025.  REAPPRAISAL OF PROPERTY DESTROYED BY CASUALTY.  
  (a)  A property owner may request the chief appraiser of an
  appraisal district in which a residence homestead owned and
  occupied by the property owner is located to reappraise property
  that is the property owner's residence homestead if a building
  located on the property is completely destroyed by a casualty.  The
  owner must make the request in writing not later than the 180th day
  after the date the casualty occurs.
         (b)  Except as provided by this subsection, the chief
  appraiser shall reappraise property described by Subsection (a) if
  requested to do so by the owner of the property.  The chief
  appraiser is not required to reappraise the property if the
  governing body of a taxing unit has authorized reappraisal of the
  same property under Section 23.02 as the result of the same
  casualty.
         (c)  The comptroller, in consultation with appraisal
  districts, shall develop guidelines for determining the process for
  reappraising property under this section, including for
  determining whether property is completely destroyed by casualty
  and for calculating an appropriate value of any residence homestead
  exemption and appraisal cap applied during or after the tax year for
  which the property is reappraised.
         (d)  The chief appraiser shall complete the reappraisal of
  property as soon as practicable after a request is made.
         (e)  The chief appraiser shall include in the appraisal
  records:
               (1)  the date the casualty occurred;
               (2)  the appraised value of the property before the
  casualty occurred;
               (3)  the appraised value of the property immediately
  after the casualty occurred; and
               (4)  any other information required to be included in
  the records.
         (f)  The amount of the taxes imposed by a taxing unit on
  property reappraised under this section for the tax year in which a
  casualty occurs is calculated by:
               (1)  multiplying the amount of the taxes that otherwise
  would be imposed by the taxing unit on the property for the entire
  year by a fraction, the denominator of which is 365 and the
  numerator of which is the number of days that elapsed before the
  date the casualty occurred;
               (2)  multiplying the amount of the taxes that would be
  imposed by the taxing unit on the property for the entire year based
  on the reappraised value of the property by a fraction, the
  denominator of which is 365 and the numerator of which is the number
  of days, including the date the casualty occurred, remaining in the
  tax year; and
               (3)  adding the amounts calculated under Subdivisions
  (1) and (2).
         (g)  If property is reappraised under this section, the
  assessor for each taxing unit shall calculate the amount of the tax
  due on the property as provided by this section.  If the property is
  reappraised after the amount of the tax due on the property is
  calculated, the assessor 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 paid the tax the
  amount by which the payment exceeded the tax due.
         SECTION 2.  Not later than September 1, 2018, the
  comptroller shall develop guidelines required by Section 23.025,
  Tax Code, as added by this Act, and shall distribute those
  guidelines to each appraisal district.
         SECTION 3.  The change in law made by this Act applies to the
  reappraisal of real property on which a building completely
  destroyed by a casualty is located only if the casualty occurs on or
  after the effective date of this Act.
         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.
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