Bill Text: TX SB1454 | 2023-2024 | 88th Legislature | Introduced

Texas Senate Bill 1454 (Prior Session Legislation)

Introduced

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: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2023-05-10 - Co-author authorized [SB1454 Detail]

Download: Texas-2023-SB1454-Introduced.html

	88R8585 SMH-D

	By: Paxton, Zaffirini	S.B. No. 1454



	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
	property qualifies for an exemption under Section 11.35 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 limitation 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, 2024, 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, 2023.