Bill Text: TX HB1244 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the eligibility of land to continue to be appraised for ad valorem tax purposes as qualified open-space land following a transfer to a person who uses the land in materially the same way as the former owner and to late applications for such appraisal filed by the new owner of the land.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-11-12 - Filed [HB1244 Detail]
Download: Texas-2025-HB1244-Introduced.html
89R24 CJC-F | ||
By: Guillen | H.B. No. 1244 |
|
||
|
||
relating to the eligibility of land to continue to be appraised for | ||
ad valorem tax purposes as qualified open-space land following a | ||
transfer to a person who uses the land in materially the same way as | ||
the former owner and to late applications for such appraisal filed | ||
by the new owner of the land. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 23.54(e-1), Tax Code, is amended to read | ||
as follows: | ||
(e-1) For purposes of Subsection (e), the ownership of [ |
||
land that was appraised under this subchapter in the preceding tax | ||
year is not considered to have changed if: | ||
(1) the ownership of the land is transferred from the | ||
former owner to the surviving spouse of the former owner; or | ||
(2) after the ownership of the land is transferred | ||
from the former owner to the new owner: | ||
(A) the new owner uses the land in materially the | ||
same way as the former owner used the land during the preceding tax | ||
year; and | ||
(B) the use described by Paragraph (A) is | ||
overseen or conducted by the same individuals who oversaw or | ||
conducted that use during the preceding tax year. | ||
SECTION 2. Section 23.541, Tax Code, is amended by adding | ||
Subsection (a-2) and amending Subsection (b) to read as follows: | ||
(a-2) Notwithstanding Subsection (a), the chief appraiser | ||
shall accept and approve or deny an application for appraisal under | ||
this subchapter after the deadline for filing the application has | ||
passed if: | ||
(1) the land that is the subject of the application was | ||
appraised under this subchapter in the preceding tax year; | ||
(2) the new owner uses the land in materially the same | ||
way as the former owner used the land during the preceding tax year; | ||
and | ||
(3) the application is filed not later than the first | ||
anniversary of the date ownership of the land was transferred from | ||
the former owner to the new owner. | ||
(b) If appraisal under this subchapter is approved when the | ||
application is filed late, the owner is liable for a penalty of 10 | ||
percent of the difference between the amount of tax imposed on the | ||
property and the amount that would be imposed if the property were | ||
taxed at market value. The penalty prescribed by this subsection | ||
does not apply to a late application filed under Subsection (a-1) or | ||
(a-2). | ||
SECTION 3. This Act takes effect January 1, 2026. |