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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [the]
  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.
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