Bill Text: TX HB843 | 2011-2012 | 82nd Legislature | Enrolled


Bill Title: Relating to the use of electronic means for the delivery of ad valorem tax bills to certain property owners and agents.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2011-06-17 - Effective on 1/1/12 [HB843 Detail]

Download: Texas-2011-HB843-Enrolled.html
 
 
  H.B. No. 843
 
 
 
 
AN ACT
  relating to the use of electronic means for the delivery of ad
  valorem tax bills to certain property owners and agents.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1.07(a), Tax Code, is amended to read as
  follows:
         (a)  An official or agency required by this title to deliver
  a notice to a property owner may deliver the notice by regular
  first-class mail, with postage prepaid, unless this section or
  another provision of this title requires or authorizes a different
  method of delivery or the parties agree that the notice must be
  delivered as provided by Section 1.085.
         SECTION 2.  Section 31.01, Tax Code, is amended by amending
  Subsections (a), (g), (i-1), and (j) and adding Subsections (k) and
  (l) to read as follows:
         (a)  Except as provided by Subsections (f), [and] (i-1), and
  (k), the assessor for each taxing unit shall prepare and mail a tax
  bill to each person in whose name the property is listed on the tax
  roll and to the person's authorized agent.  The assessor shall mail
  tax bills by October 1 or as soon thereafter as practicable.  The
  assessor shall mail to the state agency or institution the tax bill
  for any taxable property owned by the agency or institution.  The
  agency or institution shall pay the taxes from funds appropriated
  for payment of the taxes or, if there are none, from funds
  appropriated for the administration of the agency or
  institution.  The exterior of the tax bill must show the return
  address of the taxing unit.  If the assessor wants the United
  States Postal Service to return the tax bill if it is not
  deliverable as addressed, the exterior of the tax bill may contain,
  in all capital letters, the words "RETURN SERVICE REQUESTED," or
  another appropriate statement directing the United States Postal
  Service to return the tax bill if it is not deliverable as
  addressed.
         (g)  Except as provided by Subsection (f) [of this section],
  failure to send or receive the tax bill required by this section,
  including a tax bill that has been requested to be sent by
  electronic means under Subsection (k), does not affect the validity
  of the tax, penalty, or interest, the due date, the existence of a
  tax lien, or any procedure instituted to collect a tax.
         (i-1)  If an assessor mails a tax bill under Subsection (a)
  or delivers a tax bill by electronic means under Subsection (k) to a
  mortgagee of a property, the assessor is not required to mail or
  deliver by electronic means a copy of the bill to any mortgagor
  under the mortgage or to the mortgagor's authorized agent.
         (j)  If a tax bill is mailed under Subsection (a) or
  delivered by electronic means under Subsection (k) [of this
  section] to a mortgagee of a property, the mortgagee shall mail a
  copy of the bill to the owner of the property not more than 30 days
  following the mortgagee's receipt of the bill.
         (k)  The assessor for a taxing unit shall deliver a tax bill
  as required by this section by electronic means if on or before
  September 15 the individual or entity entitled to receive a tax bill
  under this section and the assessor enter into an agreement for
  delivery of a tax bill by electronic means. An assessor who delivers
  a tax bill electronically under this subsection is not required to
  mail the same bill under Subsection (a).  An agreement entered into
  under this subsection:
               (1)  must:
                     (A)  be in writing or in an electronic format;
                     (B)  be signed by the assessor and the individual
  or entity entitled to receive the tax bill under this section;
                     (C)  be in a format acceptable to the assessor;
                     (D)  specify the electronic means by which the tax
  bill is to be delivered; and
                     (E)  specify the e-mail address to which the tax
  bill is to be delivered; and
               (2)  remains in effect for all subsequent tax bills
  until revoked by an authorized individual in a written revocation
  filed with the assessor.
         (l)  The comptroller may:
               (1)  prescribe acceptable media, formats, content, and
  methods for the delivery of tax bills by electronic means under
  Subsection (k); and
               (2)  provide a model form agreement.
         SECTION 3.  This Act takes effect January 1, 2012.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 843 was passed by the House on March
  30, 2011, by the following vote:  Yeas 146, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 843 on May 16, 2011, by the following vote:  Yeas 137, Nays 0, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 843 was passed by the Senate, with
  amendments, on May 10, 2011, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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