Bill Text: TX SB742 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to installment payments of ad valorem taxes on property in a disaster area or emergency area.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Passed) 2021-06-07 - Effective immediately [SB742 Detail]
Download: Texas-2021-SB742-Enrolled.html
S.B. No. 742 |
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relating to installment payments of ad valorem taxes on property in | ||
a disaster area or emergency area. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 31.032, Tax Code, is | ||
amended to read as follows: | ||
Sec. 31.032. INSTALLMENT PAYMENTS OF TAXES ON PROPERTY IN | ||
DISASTER AREA OR EMERGENCY AREA THAT HAS BEEN DAMAGED AS A RESULT OF | ||
DISASTER OR EMERGENCY. | ||
SECTION 2. Section 31.032(a), Tax Code, is amended to read | ||
as follows: | ||
(a) This section applies only to: | ||
(1) real property that: | ||
(A) is: | ||
(i) the residence homestead of the owner or | ||
consists of property that is used for residential purposes and that | ||
has fewer than five living units; or | ||
(ii) owned or leased by a business entity | ||
that had not more than the amount calculated as provided by | ||
Subsection (h) in gross receipts in the entity's most recent | ||
federal tax year or state franchise tax annual period, according to | ||
the applicable federal income tax return or state franchise tax | ||
report of the entity; | ||
(B) is located in a disaster area or emergency | ||
area; and | ||
(C) has been damaged as a direct result of the | ||
disaster or emergency; | ||
(2) tangible personal property that is owned or leased | ||
by a business entity described by Subdivision (1)(A)(ii); and | ||
(3) taxes that are imposed on the property by a taxing | ||
unit before the first anniversary of the disaster or emergency. | ||
SECTION 3. Section 31.032(g), Tax Code, is amended by | ||
adding Subdivisions (3) and (4) to read as follows: | ||
(3) "Emergency" means a state of emergency proclaimed | ||
by the governor under Section 433.001, Government Code. | ||
(4) "Emergency area" means an area designated by the | ||
governor to be affected by an emergency under Section 433.001, | ||
Government Code. | ||
SECTION 4. Chapter 31, Tax Code, is amended by adding | ||
Section 31.033 to read as follows: | ||
Sec. 31.033. INSTALLMENT PAYMENTS OF TAXES ON PROPERTY IN | ||
DISASTER AREA OR EMERGENCY AREA THAT HAS NOT BEEN DAMAGED AS A | ||
RESULT OF DISASTER OR EMERGENCY. (a) In this section, "disaster," | ||
"disaster area," "emergency," and "emergency area" have the | ||
meanings assigned by Section 31.032(g). | ||
(b) This section applies only to: | ||
(1) real property that: | ||
(A) is owned or leased by a business entity that | ||
had not more than the amount calculated as provided by Section | ||
31.032(h) in gross receipts in the entity's most recent federal tax | ||
year or state franchise tax annual period, according to the | ||
applicable federal income tax return or state franchise tax report | ||
of the entity; | ||
(B) is located in a disaster area or emergency | ||
area; and | ||
(C) has not been damaged as a direct result of the | ||
disaster or emergency; | ||
(2) tangible personal property that is owned or leased | ||
by a business entity described by Subdivision (1)(A); and | ||
(3) taxes that are imposed on the property by a taxing | ||
unit before the first anniversary of the disaster or emergency. | ||
(c) The governing body of a taxing unit may authorize a | ||
person to pay the taxing unit's taxes imposed on property that the | ||
person owns in installments. If the governing body of a taxing unit | ||
adopts the installment-payment option under this subsection, | ||
Sections 31.032(b), (b-1), (c), and (d) apply to the payment by a | ||
person of the taxing unit's taxes imposed on property that the | ||
person owns in the same manner as those subsections apply to the | ||
payment of taxes imposed on property to which Section 31.032 | ||
applies. | ||
(d) The comptroller shall adopt rules to implement this | ||
section. | ||
SECTION 5. Section 33.08(b), Tax Code, is amended to read as | ||
follows: | ||
(b) The governing body of the taxing unit or appraisal | ||
district, in the manner required by law for official action, may | ||
provide that taxes that become delinquent on or after June 1 under | ||
Section 26.075(j), 26.15(e), 31.03, 31.031, 31.032, 31.033, 31.04, | ||
or 42.42 incur an additional penalty to defray costs of collection. | ||
The amount of the penalty may not exceed the amount of the | ||
compensation specified in the applicable contract with an attorney | ||
under Section 6.30 to be paid in connection with the collection of | ||
the delinquent taxes. | ||
SECTION 6. 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, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 742 passed the Senate on | ||
April 8, 2021, by the following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 742 passed the House on | ||
May 20, 2021, by the following vote: Yeas 143, Nays 3, one | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |