1
2021 Annual Report
Blanco County Appraisal District
615 N Nugent Ave.
Johnson City, TX 78636
830-868-4013
www.blancocad.com
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Blanco County Appraisal District
November 2021
Thank you for taking time to view our 2021 Annual Report. This report is
designed to provide to the taxpayers that we serve, a year-to-year comparison of the
data that the Appraisal District is responsible for. It will also make available to the
public, the results of the performance evaluations and property value studies that have
been conducted by the Texas Comptroller Property Tax Assistance Division.
The Blanco County Appraisal District strives to discover, list and appraise your
property in the most fair and uniform method that is possible and as accurately as
possible. We sincerely hope that this report will help our taxpayers to gain insight into
the daily operations of our office. Our staff has many responsibilities, and we take each
and every one of them very seriously. We are here to serve the taxpayers of Blanco
County to the best of our ability. We will strive to be courteous, efficient, and
professional in our day-to-day operations.
We look forward to being able to continue serving and assisting the taxpayers of
Blanco County in the future.
Sincerely,
Candice Fry
Chief Appraiser
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The Blanco County Appraisal District Mission
The Texas Property Tax Code outlined in §23.01 and other statutory requirements
complying with generally accepted appraisal standards, procedures, and methodology
in §5.102 govern the practices of the Blanco County Appraisal District. These
requirements ensure equal and uniform taxation while adhering to the highest standards
in appraisal practices and law. At BCAD we strive provide quality service to the public
and the taxing entities that we serve. We work to develop quality employees and keep
up with the newest technology trends to increase work-flow, while adhering to ethical
standards and professionalism. We will work together with taxpayers to provide greater
access to services while reducing costs to the taxing units that we serve.
The Blanco County Appraisal District has a responsibility to safeguard taxpayer dollars
by eliminating waste and providing efficient and honest government.
General Information
Blanco County Appraisal District was created effective January 1, 1980, as a political
subdivision of the state of Texas. The appraisal district board of directors hires the chief
appraiser, sets the budget and appoints appraisal review board members. These
directors do not have authority to set the values on property located within the district.
The chief appraiser is hired to perform this function as well as hiring of staff, legal
duties, administrative duties, and operation of the appraisal district. The board of
directors of the Blanco County Appraisal District is made up od five members. These
directors are appointed by the eligible taxing units as specified in §6.03 of the Texas
Property Tax Code.
BCAD Board Members
Lynn Boyd (Chairman)
David Behrends
Janice Fox
Shelton Coleman
Lanny Counts
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Entities Served
Fredericksburg ISD
Blanco Pedernales Groundwater District
North Blanco ESD #1
South Blanco ESD #2
City of Blanco
Blanco ISD
City of Johnson City
Johnson City ISD
Blanco County
Appraisal District Funding Breakdown
The Blanco County Appraisal District appraises property for parcels located within the
boundaries of Blanco County. The District serves 8 taxing jurisdictions. Exhibit A
shows the prorated allocation of funding for the Blanco County Appraisal District based
on the 2020 budget amount of $695,932 broken down by entity. The largest three
contributors to the 2020 budget are Blanco ISD, Johnson City ISD and Blanco County
respectively.
Exhibit A:
156,087.11
235,990.40
16,698,62
255,969,32
14,448,16
17,415,28
20,032,09
9467.26
2198.76
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Market Value by State Category
Appraisals carried out by Blanco County Appraisal District are an estimate of market
value as of January 1
st
of each taxing year as defined by §1.04 of the Texas Property
Tax Code on all property located within the boundary of BCAD. These estimates of
value are used to provide each taxing entity with a certified appraisal roll for ad valorem
taxation and establish a base for the tax levies that these entities will assess. For the
2021 appraisal year, the Blanco County Appraisal District provided mass appraisals for
just over 17,000 parcels. The 2021 market value for these properties totaled
$6,978,784,850, an 11.3% increase over the 2020 value overall. Exhibit B will show the
value breakdown per state category for these properties for 2021.
Definition of Market Value
The pricing at which property would transfer for cash or its equivalent under prevailing
market conditions if:
a. Exposed for sale in the open market with a reasonable time for the seller to find a
purchaser;
b. Both the seller and the purchaser know of all of the uses and purposes to which
the property is adapted and for which it is capable of being used and of the
enforceable restrictions on its use; and
c. Both the seller and the purchaser seek to maximize their gains and neither is in a
position to take advantage of the exigencies of the other.
Exhibit B:
2021 Value Per Category
A-Single Family Residence B-Multi Family Residence
C-Vacant Lot D1/D2-Qualified Ag Land & Improvements
E-Non Qualified Land & Improvements F-Commercial/Industrial Real
J-Water,Gas,Electric,Telephone L-Commercial/Industrial Personal Property
M-Mobile Homes O-Residential Lot Inventory
S-Special Inventory X-Exempt Property
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Market Value
Taxable Value
Number of Accounts
A-Single Family Residence
390,241,802
368,334,170
1656
B-Multi Family Residence
7,912,913
6,904,265
27
96,407,497
2274
2352
D1/D2-Qualified Ag Land & Improvements
4,611,092,618
70,082,967
8063
E-Non Qualified Land & Improvements
1,287,580,799
1,113,510,994
5916
F-Commercial/Industrial Real
198,382,916
149,821,323
549
J-Water,Gas,Electric,Telephone
35,938,990
33,811,070
91
L-Commercial/Industrial Personal
Property
184,240,300
168,823,640
716
5,380,000
164
169
O-Residential Lot Inventory
5,927,920
6,146,110
297
S-Special Inventory
140,690
23,230
4
136,404,900
0
277
Totals
6,841,383,230
2,244,080,877
Overall, the major property use in the Blanco County Appraisal District continues to be
qualified ag land. The County is seeing increases in subdivision development which will
lead to a shift in the trend in the future to more non-qualified ag land, vacant lots and
residential properties.
A-Single Family Residence
B-Multi Family Residence
C-Vacant Lot
D1/D2-Qualified Ag Land & Improvements
E-Non Qualified Land & Improvements
F-Commercial/Industrial Real
J-Water,Gas,Electric,Telephone
L-Commercial/Industrial Personal Property
M-Mobile Homes
O-Residential Lot Inventory
S-Special Inventory
X-Exempt Property
2021 Market Value Vs. Taxable
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Category A & E Average Homestead Value
New Construction/New Improvement Data
The new improvement values come from various category types. These include
residential, multifamily, manufactured homes, real commercial, real industrial and
industrial business personal property. New market value includes mostly new
structures to the land. From a workflow standpoint, if there was a structure not on the
appraisal roll the previous year, when the new structure is added, it is coded as new to
assist with the new value calculations. The table below indicates the increases in the
latest six- year period. As can be seen, the new improvement values are rising
significantly year to year and are anticipated to continue this trend with new subdivisions
and wineries being built each year.
$183,872.00
$198,563.00
$216,559.00
$230,206.00
$254,444.00
$267,667.00
$-
$50,000.00
$100,000.00
$150,000.00
$200,000.00
$250,000.00
$300,000.00
2016 2017 2018 2019 2020 2021
Average Homestead Value Over time
$46,576,919.00
$46,020,081.00
$63,347,731.00
$71,616,929.00
$72,919,341.00
$81,257,718.00
$-
$10,000,000.00
$20,000,000.00
$30,000,000.00
$40,000,000.00
$50,000,000.00
$60,000,000.00
$70,000,000.00
$80,000,000.00
$90,000,000.00
2016 2017 2018 2019 2020 2021
Year to Year New Construction
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Exemption Data
The population of Blanco County has increased to 11,478 as of the 2020 census This is
an increase of 13.8% compared with a national average of 8.0%. Due to these statistics
and the increased availability of exemption types, Blanco County can anticipate an
increasing number and value of exemptions in the future. Many of these can be
attributed to new legislation and inclusion of certain groups in the exemption criteria.
Some of these are Surviving Spouses of Disabled Veterans and First Responders and a
notable increase in 100% Disabled Veterans. These exemptions and special valuations
can be seen in the chart below. They are displayed as value lost to the taxing entities.
The district has various exemptions that taxpayers may qualify for. Two of these are the
homestead and over 65 residential exemptions. You may only apply for residence
homestead exemption on one property in a tax year. A homestead may include up to 20
acres of land you actually use in the residential use (occupancy) of your home. To
qualify for a homestead exemption, you must own and reside in your home on January
1 of the tax year. The age 65 or older or disability exemption for school taxes includes a
school tax limitation or ceiling. Some taxing units such as county and cities have
exemptions and tax ceilings limits. The filing of this application is between January 1
and April 30. You may file a late homestead exemption if you file it no later than two
years after the date taxes become delinquent. There is also a Transfer of Tax Limitation
or Ceiling Certificate for school taxes if you move out of the county; this can transfer to
the new school district that you reside in. There is the possibility of the homestead
exemption being increased from $25,000 to $40,000 for 2022. This will go before the
voters in the May general election.
$-
$725,170.00
$1,870,430.00
$985,840.00
$2,271,450.00
$535,900.00
$-
$3,782,665.00
$4,488,203.00
$4,143,360.00
$8,080,126.00
$7,988,260.00
$-
$1,241,252.00
$586,465.00
$1,327,131.00
$684,335.00
$777,125.00
$-
$2,000,000.00
$4,000,000.00
$6,000,000.00
$8,000,000.00
$10,000,000.00
$12,000,000.00
2017 2018 2019 2020 2021
Exemption Breakdown by Year
Absolute Exemptions Partial exemption Loss New Ag Loss
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EXEMPTION DATA
ENTITY
HOMESTEAD
OVER 65 OR DISABLED
BLANCO COUNTY
5,000
5,000
BLANCO ISD
25,000
10,000
JOHNSON CITY ISD
25,000
10,000
CITY OF BLANCO
0
23,000
CITY OF JOHNSON CITY
0
Ceiling
DISABLED VETERANS
AMOUNT
PERCENTAGE
DV1
5,000
10-29%
DV2
7,500
30-49%
DV3
10,000
50-69%
DV4
12,000
70-100%
DVHS
Totally Exempt
100%
2021 Tax Rate Information
2021 TAX RATES FOR BLANCO COUNTY
Blanco County
.3900
Blanco ISD
.9970
City of Blanco
.3503
South Blanco Co Emergency Service District #2
0.1000
Johnson City ISD
1.0659
City of Johnson City
.3990
North Blanco Co Emergency Service District # 1
.1000
Blanco/Pedernales Groundwater Conservation
District
.0221
COMBINATION RATES
Blanco in the City
1.8594
Blanco out of the City
1.5091
Johnson City in the City
1.9770
Johnson City out of the City
1.5780
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External Reviews-M.A.P.S & P.V.S.-State Comptroller of Public Accounts
Blanco County Appraisal District is audited every other year by the State Comptroller’s
Property Tax Assistance Division (PTAD). These reviews are based on Section 5.10
and 5.102 of the Property Tax Code. These audits are done in an alternating review
cycle. In even numbered years Blanco CAD undergoes the Methods & Assistance
Program (MAP) review and in odd numbered years there is a Property Value Study
(PVS) performed. At this time we are still awaiting the results of the 2021 Property
Value Study.
The MAP review analyzes different areas of the appraisal district. Governance,
taxpayer assistance, and the appraisal standards, operating procedures and the
methodology used by the appraisal district are looked at. The PVS determined the
degree of uniformity and median level of appraised value ratios for certain state
categories for each appraisal district. This study also impacts each school district in
regards to state school funding. The most recent results of each type of study are listed
below.
MAP Results
2018 2020
Governance Meets All Meets All
Taxpayer Assistance Meets All Meets All
Operating Procedures Meets All Meets All
Appraisal Standards, Procedures and Methodology Meets All Meets All
PVS Results
2017 2019
Median Level of Appraisal .99 1.01
Coefficient of Dispersion 9.22 12.96
Appeals Data
For the January 1, 2021 appraisal date, the Blanco County Appraisal District mailed
15,097 notices of appraised value which account for approximately 89% of the appraisal
roll. These notices were mailed April 15, 2021 and property owners and authorized
agents had until May 15, 2021 to file a valid appeal. The Appraisal Review Board began
hearings on May 25, 2021 and finished on July 15, 2021 with the ARB approving the
records and the Chief Appraiser certifying the roll on July 20, 2021. There were a total
of 770 protest filed with 248 of those cases going before the Appraisal Review Board
and 87 cases where property owners did not show up for the hearing. The rest of the
cases were either settled or withdrawn prior to their hearing date and time.
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Legislative Changes
The 86
th
legislative session was one of the most far reaching and extensive sessions
that the property tax industry has seen in a very long time. With the implementation of
SB2 and HB3, appraisal districts throughout the state had to make the necessary
adjustments to ensure compliance with all of the new statutes and laws. SB2 required
appraisal districts to host and maintain a website for information produced by taxing
units as related to their truth in taxation process. This required that appraisal districts
mail estimated tax information to each property owner by August 7
th
. This was a
learning process as our postcards were not mailed from the vendor timely. The website
implementation was successful and helpful to taxpayers. This year found us with the
87
th
legislative session. There were not a lot of bills that affected appraisal districts in
the first session, but several special sessions were called and there were some new
laws passed. These bills that were passed during the most recent session can be found
at http://www.capitol.state.tx.us and in the appendix to this report.
Moving Forward to 2022
The year of 2021 was trying in many ways for appraisal districts and for many
businesses and government entities. Appraisal districts were still coping with how to
handle COVID-19 and minimize exposure for employees and taxpayers alike. Districts
had to figure out how to operate with employees out due to exposure and illness, but
they did find new and innovative ways to operate. Blanco CAD continued to be fully
staffed for the most part and all of our ARB hearings were held live once again. We had
to endure the big freeze of 2021 when the office was closed for an entire week due to
3412
4202
10,948
10,366
5318
7834
12,435
12,787
11,536
15,097
0
2000
4000
6000
8000
10000
12000
14000
16000
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History of Appraisal Notices
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
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freezing temperatures and ice accumulations. The governor declared Texas a disaster
area and appraisal districts were required to inform taxpayers about the new disaster
exemptions that they were eligible for. It is our hopes that 2022 will be virtually COVID
free and you just never know about Texas weather. As mentioned before, appraisal
districts have found new ways to make operations more stream-lined and we hope to
continue to better our service and operations for the taxpayers of Blanco County.
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APPENDIX
Bills Related to Property Taxation Passed by the 87th Texas Legislature in Regular Session
Provided by LOW SWINNEY EVANS & JAMES, PLLC
Comprehensive, Multi-Subject
HB 988 Rep. Hugh Shine Relating to ad valorem taxation
Sen. Kelly Hancock (see LSEJ section-by-section analysis)
Signed by the Governor on June 15, 2021, Effective
immediately
SB 63 Sen. Jane Nelson Relating to the property tax appraisal system, including an entitlement
to a tax
Rep. Morgan Meyer exemption based on the appraised value of certain renewable energy
devices.
(see LSEJ section-by-section analysis)
Signed by the Governor on June 14, 2021, Effective on
September 1, 2021
Appraisal Office Administration
HB 1118 Rep. Giovanni Capriglione Relating to state agency and local government compliance with
cybersecurity training requirements
Chapters 772 and Sections 2054 and 2056, Government Code, are amended. At least once annually, a local
government (includes appraisal districts) is required to identify employees and elected/appointed officials who have
access to the entity’s computer system or data base and use a computer to perform at least 25% of the person’s
required duties. These employees and officials must complete a certified cybersecurity training program. Failure to
comply will prevent the employee or official from having access to the computer system or data base. Training
compliance must be reported on a specific form. Certain exceptions exist for military leave, FMLA, or other specified
extended leave. The effective date is immediate (signed by the Governor on May 18, 2021).
HB 1476 Rep. Keith Bell Relating to a vendor’s remedies for nonpayment of a contract with this
state of a political subdivision of this state
Section 2251.042, Government Code, is amended. A governmental entity (includes appraisal districts) shall notify a
vendor of an error or disputed amount in an invoice submitted for payment by the vendor not later than the 21st day
after the entity receives the invoice. The notice shall specify the amount of the invoice that is disputed. The
governmental entity may withhold from payment no more than 110% of the disputed amount. The effective date is
September 1, 2021 (signed by the Governor on June 7, 2021).
HB 1560 Rep. Craig Goldman Relating to the continuation and functions of the Texas Department of
Licensing and Regulation (see amendments to Section 1151,
Occupations Code only)
This is the legislation that continues the Texas Department of Licensing and Regulation (TDLR) after review by the
Texas Sunset Commission. Of importance to appraisal districts are the changes to Section 1151.1581, Occupations
Code, dealing with continuing education. The Comptroller of Public Accounts is given full authority for approving these
programs. The effective date is immediate (signed by the Governor on June 15, 2021).
HB 2581 Rep. Kyle Kacal Relating to civil works projects and other projects of governmental
entities
Section 2269, Government Code, is amended. Governmental entities (includes appraisal districts) must follow
evaluation requirements for bids on certain projects (constructing, altering, or repairing a public building).
Documentation about the selection process must be made available to an offeror on request. Not later than the 30th
day after the request is made, the entity shall deliver the documents relating to the evaluation of the submission
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including, if applicable, its ranking of the submission. Not later than the 7th business day after the contract is awarded,
the entity shall make the evaluations, including any scores, public and provide them to all offerors. The effective date
is September 1, 2021 (signed by the Governor on June 15, 2021).
SB 58 Sen. Judith Zaffirini Relating to purchasing of cloud computing services by a political
subdivision
Section 271.003(8), Local Government Code, is amended to add cloud computing services to the definition of personal
property for purposes of contracting by local governmental entities (includes appraisal districts). The new law is effective
immediately (signed by the Governor on June 3, 2021).
SB 916 Sen. Kel Seliger Relating to certain information regarding appraisal district
noncompliance and property values in the Texas Department of
Licensing and Regulation records of a professional property tax
appraiser serving as chief appraiser
Chapter 1151, Occupations Code, is amended to add a section that requires the Texas Department of Licensing and
Regulation (TDLR) to include electronic links to the findings of the Comptroller of Public Accounts concerning the
biennial reviews of the appraisal districts where the chief appraisers served, as well as the results of the property value
studies, for registrants who are chief appraisers. An appraisal district may request information concerning a registered
professional appraiser whom the board of directors is considering for appointment as chief appraiser. Rules must be
adopted by TDLR to implement this provision. The effective date is September 1, 2021 (signed by the Governor on
June 14, 2021).
Appraisal Issues
HB 1090 Rep. Ernest Bailes Relating to the appraisal for ad valorem tax purposes of real property
that was erroneously omitted from an appraisal roll in a
previous year
Section 25.21(a), Tax Code, is amended to reduce the number of years from five to three that omitted real property
may be added to the appraisal rolls. Omitted personal property may be added as of January 1 of each of the two
preceding tax years. The effective date is September 1, 2021 (signed by the Governor on June 9, 2021).
HB 1475 Rep. John Cyrier Relating to municipal board of adjustment zoning variances
based on unnecessary hardship
Section 211.009, Local Government Code, is amended to provide specific direction to municipal boards of adjustment
regarding zoning and building code compliance. They are permitted to consider the financial costs of compliance,
encroachment on adjacent property, and other factors. The effective date is September 1, 2021 (signed by the
Governor on June 7, 2021).
HB 1939 Rep. Reggie Smith Relating to the limitation periods for certain suits against real estate
appraisers and appraisal firms
Chapter 16, Civil Practices and Remedies Code, is amended to add Section 16.013 to authorize a lawsuit for damages
or other relief arising from an appraisal or appraisal review conducted by a real estate appraiser or appraisal firm, as
defined by Chapter 1103, Occupations Code. The suit must be brought not later than the earlier of two years after the
day the person knew or should have known the facts upon which the action is based or five years after the day the
appraisal or appraisal review was completed. The effective date is September 1, 2021 (signed by the Governor on June
7, 2021). NOTE: This provision deals with fee appraisers, not registered professional appraisers who are employed by
appraisal districts.
HB 2535 Rep. Scott Sanford Relating to the appraisal for ad valorem tax purposes of real property
that includes certain improvements used for the noncommercial
production of food for personal consumption
Section 23.014, Tax Code, is amended to exclude from the value of real property chicken coops or rabbit pens used
for the non-commercial production of food for personal consumption. The effective date is January 1, 2022 (signed by
the Governor on June 15, 2021).
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HB 3514 Rep. Terry Canales Relating to the functions of the Texas Department of Motor Vehicles;
authorizing a penalty
Amendments to various codes (mainly the Transportation Code) are included in the bill. Chapter 2301, Occupations
Code, is amended to add Section 2301.612 to provide that information filed with the Texas Department of Motor
Vehicles (TDMV) is not a public record and not subject to disclosure under the Public Information Act until a complaint
is resolved in a final order of the Department. Section 23.121, Tax Code, is amended to address motor vehicle inventory
filings with appraisal districts. Chief appraisers are authorized (not required) to report dealers who fail to file declarations
to initiate cancellation of the dealer’s general distinguishing number. The chief appraiser must include written verification
that the chief appraiser informed the dealer of the requirement to file a declaration under this provision of the Tax Code.
If a dealer reports the sale of fewer than five motor vehicles in the prior year, the chief appraiser shall report the dealer
to the TDMV to initiate cancellation of the general distinguishing number and include a copy of the declaration indicating
that the number of sales was fewer than five. This report from the chief appraiser is prima facie ground for cancellation
or for refusal by the TDMV to renew the dealer’s general distinguishing number. The effective date is September 1,
2021 (signed by the Governor on June 4, 2021).
HB 3833 Rep. Phil King Relating to the appraisal of certain real property for ad valorem tax
purposes
Section 23.215, Tax Code, is amended. This section deals with the appraisal of non-exempt property used for low-
income or moderate-income housing. It clarifies that property is eligible if it is owned by an organization for the purpose
of renting to low-income or moderate-income individuals or families and the land is subject to a use restriction
agreement. For property under construction or property that has not reached stabilized occupancy on January 1 of the
tax year, the chief appraiser shall value the property using projected income and expenses for the first full year of
operations as outlined in the underwriting report prepared by the Texas Department of Housing and Community Affairs
and adjusted according to actual occupancy on January 1. After construction is complete and occupancy has stabilized,
the property shall be appraised according to Section 11.1825(q). The effective date is January 1, 2022. Section 23.55
(open-space land), Section 23.58 (loan secured open-space land), Section 23.76 (timber land), Section 23.86
(recreational, park, or scenic land), Section 23.96 (public access airport), and Section 23.9807 (restricted use timber
land), Tax Code, are amended to delete interest on the penalty assessed as a rollback for a change of use of the land.
Interest remains if the tax becomes delinquent. The provisions apply only to a change of use that occurs on or after the
effective date (immediate). The bill was signed by the Governor on June 15, 2021.
HB 3971 Rep. Morgan Meyer Relating to the appraisal for ad valorem tax purposes of residential real
property located in a designated historic district
Section 23.013, Tax Code, amended to add subsection (e) to require that the chief appraiser consider the effect on
value created by restrictions on the owner’s ability to alter, improve, or repair his/her residential real property located in
a designated historic district (defined as an area that is zoned or otherwise designated as a historic district under
municipal, state, or federal law). The effective date is January 1, 2022 (signed by the Governor on June 18, 2021).
HJR 125 Rep. Jake Elizey Proposing a constitutional amendment to allow the surviving spouse of
a person who is disabled to receive a limitation on the school
district ad valorem taxes on the spouse’s residence homestead if the
spouse is 55 years of age or older at the time of the person’s
death
Article VIII, Section 1-b(d), Texas Constitution, is amended to allow the surviving spouse (if at least 55 years of age) of
a disabled person to receive the limitation on school taxes. If the constitutional change is approved, tax assessor-
collectors for schools are required to calculate the taxes for the 2020 and 2021 tax years according to the limitation and
refund taxes to eligible surviving spouses. The proposal was filed with the Secretary of State on May 18, 2021.
SB 113 Sen. Royce West Relating to community land trusts
Section 373B.003, Local Government Code, is amended to expand the types of entities that can hold land in a
community land trust. They are: (1) nonprofit corporations exempt from federal income tax; (2) limited partnerships for
which a nonprofit corporation controls 100% of the general partner interest; or (3) limited liability companies for which
a nonprofit corporation serves as the only member.
Section 23.21, Tax Code, is amended to require the use of the income method of appraisal for land leased to a
community land trust and for housing units leased by community land trusts to families meeting income-eligibility
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standards. The chief appraiser shall use the method regardless of whether he/she considers that method to be the
most appropriate method. The chief appraiser shall consider the uses and limitations on the property and apply the
same capitalization rate used to appraise other rent-restricted properties. For properties acquired from community
land trusts, the appraised value may not exceed the price for which the housing unit may be sold under land use
restrictions (agreements, deed restrictions, or restrictive covenants that are recorded, have terms of at least 40 years,
restricts sales prices, and restricts sales to families meeting income-eligibility standards established by Section
373B.006, Local Government Code). Section 26.10, Tax Code, is amended to allow an exemption to continue for the
rest of the tax year after eligibility of the community land trust ends under certain circumstances. The effective date of
these amendments is September 1, 2021. The new law applies only to taxes imposed for a tax year that begins
thereafter. The bill was filed with no signature on June 18, 2021.
SB 725 Sen. Charles Schwertner Relating to the qualification of land for appraisal for ad valorem tax
purposes as agricultural land and the liability for the additional tax
imposed on such land if the use of the land changes as a result of a
condemnation
Section 23.46, Tax Code, dealing with the appraisal of agricultural land, is amended to add language that states that
land is not diverted to nonagricultural use for purposes of determining a change of use because a portion is subject to
a right-of-way that is less than 200 feet wide and was taken by condemnation if the remainder of the land qualifies for
special appraisal. If additional taxes are due because land has been diverted due to condemnation, the taxes and
interest are the personal obligation of the condemning entity and not the property owner. These provisions apply to
changes of use and tax years after September 1, 2021 (signed by the Governor on May 18, 2021).
SB 1088 Sen. Brandon Creighton Relating to the duty of the chief appraiser of an appraisal district to
provide certain information
Section 11.50 is added to the Tax Code. It allows a chief appraiser to request from another appraisal district a list of
the names of all individuals who currently receive residence homestead exemptions. No confidentiality provisions apply
to the disclosure to a chief appraiser. The effective date is September 1, 2021. Section 41.413, Tax Code, is amended
to require owners of real property to send to a lessee of the real property (who is required to pay taxes for the property)
a copy of the notice of appraised value. The new law does not apply to personal property owners and lessees. The
new law applies to a notice of appraised value received by an owner after the effective date of September 1, 2021. The
bill was signed by the Governor on June 14, 2021.
SB 1245 Sen. Charles Perry Relating to the farm and ranch survey conducted by the comptroller for
purposes of estimating the productivity value of qualified open-
space land as part of the study of school district taxable values
Section 403.3022 is added to the Government Code to require the Comptroller of Public Accounts to conduct an annual
farm and ranch survey to estimate the productivity value of qualified open-space land as part of the biennial value study
for school districts. Instructional guides are required. Annually, the Comptroller must conduct an online or in-person
session open to the public about how to complete the survey and solicit comments from the public and the property tax
administration advisory board concerning the survey. Not later than January 1, 2022, the Comptroller shall prepare and
issue the instructional guide. The new law is effective on September 1, 2021 (signed by the Governor on June 7, 2021).
SB 1315 Sen. Eddie Lucio Relating to the determination that certain property is used as an aid or
facility incidental to or useful in the operation or development of a port
or waterway or in aid of navigation-related commerce for purposes of
the application of certain ad valorem tax laws
Section 25.07, Tax Code, is amended to add subsection (d) to provide an exclusion from listing certain leased property
in the appraisal records. Property that is used as an aid or facility incidental or useful in the operation of a port or
waterway is excluded. The property (1) must be leased to a person engaged in the business of navigation-related
commerce or specific purposes found in sections of the Water Code; (2) be located adjacent to a federal navigation
project or in a foreign trade zone; or (3) include part of a rail facility that serves the users of the port or waterway.
“Navigation-related commerce” is defined. The new law applies only to the taxation of property for a tax year beginning
on or after September 1, 2021 (signed by the Governor on June 16, 2021).
SB 1421 Sen. Paul Bettencourt Relating to the correction of an ad valorem tax appraisal roll and to
related appraisal records
Section 25.25, Tax Code, is amended to allow for motions by a property owner or chief appraiser to correct appraisal
rolls for two preceding tax years due to an error or omission in a rendition statement or property report filed under
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Chapter 22. No change may be made if the property owner failed to render timely and was assessed a penalty; the
property was protested under Chapter 41 and a determination was made; the property was the subject of a previous
motion on which action was taken; or the appraised value of the property was established by written agreement. The
effective date is September 1, 2021. Section 41.413, Tax Code, is amended to require owners of real property to send
to a lessee of the real property (who is required to pay taxes for the property) a copy of the notice of appraised value.
The new law does not apply to personal property owners and lessees. The new law applies to a notice of appraised
value received by an owner after the effective date of September 1, 2021. The bill was signed by the Governor on June
14, 2021.
SB 1585 Sen. Bryan Hughes Relating to requirements for the designation of a property as a historic
landmark and the inclusion of a property in a historic district by a municipality
Section 211.0165, Local Government Code, is amended to prohibit cities from including property within the boundaries
of a historic district unless: (1) the owner of the property consents; or (2) if the owner does not consent, the inclusion
of the property in the district is approved by a ¾ vote of the city council and the zoning/planning/historical commission
of the city, if any. If a city has more than one commission, the city shall designate one as the entity with exclusive
authority to approve the designations of property as local historic landmarks and the inclusion of property in a local
historic district. Property owned by a religious organization may also be included in a historic district. This provision
applies to a proposal to include property in a historic district or to designate a property as a local historic landmark
made on or after September 1, 2021 (signed by the Governor on June 7, 2021).
SB 1679 Sen. Carol Alvarado Relating to the creation of an urban land bank by certain municipalities
Chapter 379H is added to the Local Government Code. A land bank is created for a municipality with a population of
2,000,000 or more. The land bank is a governmental unit, as well as a public nonprofit corporation (and therefore
exempt from property taxation). The land bank is specifically not a housing finance corporation or a program created
under Chapters 373 and 374. The land bank is required to comply with the Open Meetings Act and the Public
Information Act. The purpose of the land bank is to acquire, manage, and dispose of vacant, abandoned, deteriorated,
non-revenue generating, and non-tax producing properties and convert them to productive uses. Those uses include
housing, food desert solutions, parks, recreational facilities, and infrastructure development. Provisions are included
concerning the collection of taxes conveyed to the land bank and operational funding. The Houston Land Bank is
authorized to continue its operations. The effective date is September 1, 2021 (filed with no signature on June 16,
2021).
Appraisal Review Boards and Binding Arbitration
HB 2941 Rep. DeWayne Burns Relating to the appointment of appraisal review board members
Section 6.41, Tax Code, is amended to require that appraisal review boards in all counties be appointed by the local
administrative district judge in the county in which the appraisal district is established. Taxpayer liaison officers are
responsible for providing clerical assistance to the judges concerning the selection process (amendment to Section
6.052(f), Tax Code). Restrictions for appraisal review board membership are continued for counties with populations
of 120,000 or more (Section 6.412(d), Tax Code). All appraisal districts are authorized to provide criminal history
information to the administrative district judge under Section 411.1296(c), Government Code. These changes apply to
appraisal review board member terms beginning on January 1, 2022. The new law does not affect the term of a member
serving on December 31, 2021, if the member was appointed before that date to a term beginning before December
31, 2021, and expiring December 31, 2022. The bill was signed by the Governor on June 7, 2021.
HB 3788 Rep. Justin Holland Relating to the training and education of appraisal review board
members
Section 5.041, Tax Code, is amended to authorize distance training and education of appraisal review board members
by the Comptroller of Public Accounts. The Comptroller is authorized to adopt rules to implement this section, including
rules establishing criteria for course availability and for demonstrating course completion. The effective date is January
1, 2022 (signed by the Governor on June 4, 2021).
SB 1854 Sen. Beverly Powell Relating to an appeal through binding arbitration of an appraisal review
board order determining a protest concerning a residence
homestead for which the property owner has elected to defer the
collection of ad valorem taxes
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Section 41A.10, Tax Code, is amended to clarify that an eligible property owner is not delinquent in paying property
taxes on his/her residence homestead if the taxes are deferred under Section 33.06 or 33.065, Tax Code. This
amendment deals with the eligibility of a property owner to request binding arbitration administered by the Comptroller
of Public Accounts. The new law applies to requests for binding arbitration filed on or after September 1, 2021 (signed
by the Governor on June 18, 2021).
SB 1919 Sen. Eddie Lucio Relating to the authority of a property owner to participate by
videoconference at a protest hearing by certain appraisal review
boards
Section 41.45, Tax Code, is amended to authorize the use of videoconferences of appraisal review board hearings, in
the same manner as telephone conferences are conducted, if requested by a property owner. An appraisal review
board must provide an Internet location or URL address to the property owner. An appraisal review board is not required
to conduct a hearing by videoconference if the board is established for a county with a population of less than 100,000
and lacks the technological capability to conduct a video conference. These provisions only apply to a protest under
Chapter 41, Tax Code, for a notice of protest filed on or after September 1, 2021 (signed by the Governor on June 18,
2021).
Exemptions
HB 115 Rep. Eddie Rodriguez Relating to the exemption from ad valorem taxation of certain property
owned by a charitable organization and used in providing housing
and related services to certain homeless individuals
Section 11.18(p), Tax Code, is amended to change eligibility requirements for exemptions of property used to house
certain homeless persons. The property must be owned by a charitable organization that has been in existence for at
least (1) 20 years in a county with a population for between one million and less than 1.5 million, or (2) two years if
located in a city with a population of more than 100,000 and less than 150,000, at least part of which is located in a
county with a population of less than 5,000. The property must be at least 15 acres in size and was owned by the
organization on July 1, 2021, or acquired by donation and owned by the organization on January 1, 2023. The property
must be used to provide permanent housing for homeless persons. The effective date is January 1, 2022 (signed by
the Governor on June 15, 2021).
HB 368 Rep. Carl Sherman Relating to the issuance of a driver’s license to a state legislator or
prosecutor that includes an alternative to the license holder’s
residence address
Section 521.1211, Transportation Code, is amended to include prosecutors (county attorneys, district attorneys,
criminal district attorneys, assistant county attorneys, assistant district attorneys, and assistant criminal district
attorneys) with peace officers for purposes of permitting alternative addresses on driver’s licenses. The Texas
Department of Public Safety shall accept as an alternative address for a peace officer an address that is in the
municipality or county of the peace officer’s residence or the county of the peace officer’s place of employment. The
Department shall accept as an alternative address for a prosecutor, the address of the office of the prosecutor. Section
63.0101, Election Code, is amended to provide that proof of identification is presented only for the purpose of identifying
a voter and not for verification of residence. The effective date is September 1, 2021 (signed by the Governor on June
18, 2021).
HB 1197 Rep. Will Metcalf Relating to the period for which certain land owned by a religious
organization for the purpose of expanding a place of religious worship
or constructing a new place of religious worship may be exempted
from ad valorem taxation
Section 11.20(j), Tax Code, is amended to extend the time for which land that is contiguous to a religious organization’s
place of regular worship may be exempt from six to ten years. The effective date is January 1, 2022 (signed by the
Governor on June 3, 2021).
HB 3610 Rep. Gervin-Hawkins Relating to the applicability of certain laws to certain public schools and
certain requirements of a charter school that receives certain tax
exemptions
Section 12.1058(a), Education Code, is amended to add to the definition of open-enrollment charter school that it is a
political subdivision for purposes of (1) the property tax exemption under Section 11.11, Tax Code, and (2)
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purchasing, leasing, constructing, renovating, or improving any property with state funds (Section 12.128, Education
Code) as provided by Section 16.061, Civil Practices and Remedies Code. Section 12.128(a) and (a-1), Education
Code, are amended to state that property purchased or leased with funds received by a charter holder is exempt from
property taxation as public property under Section 11.11, Tax Code. Subsection (a-2) is added to state that the owner
of property that receives a tax exemption shall transfer the amount of tax savings from the exemption to the tenant or
reduce the common area maintenance fee in a proportionate amount based upon the square footage of the exempt
portion.
Section 11.211 is added to the Tax Code. It provides that the portion of real property that is leased to an independent
school district, community college district, or open-enrollment charter school is qualified and exempt from taxation
pursuant to Sections 11.11 and 11.21, Tax Code, if the portion of the real property that is leased to the public school
is (1) used exclusively by the public school for the operation or administration of the school or the performance of
other educational functions of the school; and (2) reasonably necessary for a purpose described in (1) as found by
the school’s governing body. The change in law applies to taxes imposed in a tax year that begins on or after the
effective date (September 1, 2021). The bill was filed without signature on June 18, 2021.
SB 611 Sen. Donna Campbell Relating to an exemption from ad valorem taxation of the residence
homestead of the
(See SJR 35) surviving spouse of a member of the armed services of the United
States who is killed or fatally injured in the line of duty and to late applications
for exemptions from such taxation for disabled members
Section 11.133(b), Tax Code, is amended to add language that surviving spouses of members of the armed services
who are killed or fatally injured in the line of duty are entitled to an exemption from taxation of the total appraised value
of his/her residence homestead if the surviving spouse has not remarried since the death of the member of the armed
services. The effective date is January 1, 2022, if the constitutional amendment is approved. Section 11.431(a), and
Section 11.439(a), Tax Code, are amended to require the chief appraiser to accept residence homestead exemption
applications from persons eligible under Section 11.131 or 11.132 (disabled veterans, but not their surviving spouses)
after the deadline, if they are filed not later than five years after delinquency. The effective date is January 1, 2022
(signed by the Governor on June 14, 2021).
SB 794 Sen. Donna Campbell Relating to eligibility for the exemption from ad valorem taxation of the
residence homestead of a totally disabled veteran
Section 11.131(b), Tax Code, is amended to allow a disabled veteran who has been awarded (rather than received)
100% disability compensation to be eligible for a total residence homestead exemption. The effective date is January
1, 2022 (signed by the Governor on June 16, 2021).
SB 1427 Sen. Paul Bettencourt Relating to the applicability of the temporary exemption from ad valorem
taxation of a portion of the appraised value of certain property
damaged by a disaster
Section 11.35, Tax Code, is amended to clarify that property qualifying for a partial exemption due to a disaster declared
by the governor is only property that has physical damage. The bill provides that the amendment is a clarification of
existing law and does not imply that existing law may be construed as inconsistent with this amendment. The effective
date is immediate (signed by the Governor on June 16, 2021).
SB 1449 Sen. Paul Bettencourt Relating to the exemption from ad valorem taxation of income-producing
tangible personal property having a value of less than a certain amount
Section 11.145, Tax Code, is amended to increase the exemption for tangible personal property held for the production
of income if the property has a taxable value of less than $2,500 (rather than $500). The effective date is January 1,
2022 (signed by the Governor on June 7, 2021).
SJR 35 Sen. Donna Campbell Proposing a constitutional amendment authorizing the legislature to
provide for an
(See SB 611) exemption from ad valorem taxation of all or part of the market value of
the residence homestead of the surviving spouse of a member of
the armed services of the United States who is killed or fatally injured in
the line of duty
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Article VIII, Section 1-b(m), Texas Constitution, is amended to expand the residence homestead exemption for the
surviving spouse of a member of the armed services who is killed or fatally injured in the line of duty (rather than “in
action”). The proposal was filed with the Secretary of State on May 25, 2021.
Public Information and Records
HB 1082 Rep. Phil King Relating to the availability of personal information of an elected public
officer
Section 552.117(a), Government Code, is amended to expand the protection of home addresses, telephone numbers,
emergency contact information, and social security numbers from disclosure under the Public Information Act to all
elected public officers (rather than just state officers, legislators, and persons elected statewide). Section 25.025(a),
Tax Code, is amended to include all elected public officers in the list of persons for which information may not be
disclosed in appraisal records (rather than just state officers, legislators, and persons elected statewide). The effective
date is immediate (signed by the Governor on May 19, 2021).
HB 1154 Rep. Jacey Jetton Relating to the requirements for meetings held and Internet websites
developed by certain special purpose districts
Section 403.0241, Government Code, is amended to address reporting by special purposes districts to the Comptroller
of Public Accounts if the district does not maintain an Internet website. Section 551.1283, Government Code, is also
amended to address posting of website links to ensure compliance. Section 2051.201 and Section 2051.202,
Government Code, are amended to address information that is required on websites of local governments with authority
to impose ad valorem taxes (referred to as “special purpose districts”). These entities must post certain financial and
operating information, including bonds outstanding, gross receipts from various sources exceeding $250,000, or cash
and temporary investments exceeding $250,000. Contact information is required for certain individuals related to the
districts. Notices of hearings and meetings are required to be posted, as well as minutes of public meetings and the
most recent financial audit for the district. Sections 49.062 and 49.0631, Water Code, are amended to address “rural
area districts” and how they conduct meetings and provide notice of board meetings. The effective date is September
1, 2021 (signed by the Governor on June 15, 2021).
HB 1493 Rep. Abel Herrero Relating to the use of an entity name that falsely implies governmental
affiliation
Chapter 150C is added to the Civil Practices and Remedies Code. The chapter applies to “governmental units,” which
includes all political subdivisions (includes appraisal districts). A governmental unit is entitled to enjoin another person’s
use of an entity name that falsely implies governmental affiliation with the governmental unit. Injunctive relief is
permitted. Awards of attorney’s fees and court costs are authorized. Sections 5.064 and 5.065 are added to the
Business Organizations Code. Businesses are prohibited from filing names that falsely imply governmental affiliation.
The Secretary of State is required to adopt rules to implement these provisions and is authorized to determine whether
a business name falsely implies affiliation on the written request of a governmental entity specifying the basis of the
claim. The Attorney General is authorized to bring an action in the name of the State for injunctive relief to require
compliance with the law. The effective date is September 1, 2021 (signed by the Governor on June 15, 2021).
HB 2723 Rep. Morgan Meyer Relating to public notices of the availability on the Internet of property-
tax-related information
Section 44.004(c), Education Code, is amended to require that notices of meetings to discuss budget and proposed
tax rate adoption by a school district include: “Visit Texas.gov/Property Taxes to find a link to your local property tax
database on which you can easily access information regarding your property taxes, including information, about
proposed tax rates and scheduled public hearings of each entity that taxes your property.”
Section 25.19, Tax Code, is amended to require the following language on notices of appraised value: “Beginning
August 7th, visit Texas.gov/Property Taxes to find a link to your local property tax database on which you can easily
access information regarding your property taxes, including information regarding the amount of taxes that each
entity that taxes your property will impose if the entity adopts its proposed tax rate. Your local property tax database
will be updated regularly during August and September as local elected officials propose and adopt the property tax
rates that will determine how much you pay in property taxes.”
Section 26.04(e-2), Tax Code, is amended to change the notice of estimated taxes that must be delivered to all
property owners to include the following statement: “Visit Texas.gov/Property Taxes to find a link to your local
property tax database on which you can easily access information regarding your property taxes, including
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information regarding the amount of taxes that each entity that taxes your property will impose if the entity adopts its
proposed tax rate. Your local property tax database will be updated regularly during August and September as local
elected officials propose and adopt the property tax rates that will determine how much you pay in property taxes.”
Section 26.052 and Section 26.06, Tax Code, are amended to require public notice as follows: “Visit
Texas.gov/Property Taxes to find a link to your local property tax database on which you can easily access
information regarding your property taxes, including information about proposed tax rates and scheduled public
hearings of each entity that taxes your property.”
Section 26.175 is added to the Tax Code. It establishes a property tax database website (Texas.gov/Property Taxes)
developed and maintained by the Texas Department of Information Resources (DIR). It will provide a separate link to
the Internet location of each property tax database that must be created and maintained by each chief appraiser (see
Section 26.17, Tax Code).
Section 49.236, Water Code, is amended to require the following language on notices of public hearings for tax rates:
“Visit Texas.gov/PropertyTaxes to find a link to your local property tax database on which you can easily access
information regarding your property tax(See SB 611)es, including information about proposed tax rates and
scheduled public hearings of each entity that taxes your property.”
Not later than January 1, 2022, DIR shall develop the Internet website required by this new law. The change in law
apply to notices required to be delivered on or after January 1, 2022. The Act was effective immediately (signed by
the Governor on June 3, 2021).
HB 3786 Rep. Justin Holland Relating to the authority of the comptroller to send, or to require the
submission to the comptroller of, certain ad valorem tax-related
items electronically
Section 5.03, Tax Code, is amended by adding subsection (d) to authorize the Comptroller of Public Accounts to require
documents, payments, notices, reports, or other items to be submitted or sent electronically. The Comptroller is
authorized to adopt rules to administer this subsection. The effective date is September 1, 2021 (signed by the Governor
on June 4, 2021).
SB 56 Sen. Judith Zaffirini Relating to the availability of personal information of a current or former
federal prosecutor or public defender
Chapter 552, Government Code, is amended to exclude home addresses, telephone numbers, emergency contact
information, or social security numbers from disclosure under the Public Information Act for current or former United
States attorneys, assistant United States attorneys, federal public defenders, deputy federal public defenders, or
assistant federal public defenders and their spouses and children. The effective date is immediate (signed by the
Governor on June 14, 2021).
SB 334 Sen. Nathan Johnson Relating to disclosure under the public information law of certain
records of an appraisal district
Section 552.149(b), Government Code, is amended to permit the disclosure of information that the chief appraiser used
to appraise property, including comparable sales data, to a property owner or agent (on request) in a binding arbitration
proceeding (as well as an appraisal review board hearing). Section 552.149(e), Tax Code, that prevented disclosure
of sales data in counties with populations below 50,000, is repealed. The effective date is immediate (signed by the
Governor on June 14, 2021).
SB 841 Sen. Bryan Hughes Relating to the availability of personal information of individuals who are
honorably retired from certain law enforcement positions
Section 552.003, Government Code, and Section 25.025, Tax Code, are amended by adding a definition for “honorably
retired” to mean a person who previously served but is not currently serving in the position; did not retire in lieu of a
disciplinary action; was eligible to retire or ineligible only due an injury received in the course of employment; and is
eligible to receive a pension or annuity for service. The term applies to peace officers and security officers as defined
by the Code of Criminal Procedure or Education Code, as applicable. The home addresses, telephone numbers,
emergency contact information, and social security numbers for these individuals are exempt from disclosure under the
Public Information Act. Section 552.1175, Government Code, is amended is add “current or honorably retired” peace
officers, county jailers, police officers, and inspectors of the United States Federal Protective Services to the list for
which the section is applicable. Section 25.025(a), Tax Code, is amended to add “current or honorably retired” county
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jailers, police officers, and inspectors of the United States Federal Protective Services to the list of persons for which
information may not be disclosed in appraisal records. The effective date is immediate (signed by the Governor on
June 14, 2021).
SB 1134 Sen. Bryan Hughes Relating to address confidentiality on certain documents for certain
federal officials and family members of certain federal officials or
federal or state court judges
Section 13.0021, Election Code, is amended to add federal bankruptcy judges, United States marshals, and United
States attorneys to the list of judges and the county registrar whose residence addresses are omitted from the voter
registration list. They (as well as their family members defined as spouses, minor children, and adult children who
reside in the person’s home) are also included in the list of persons whose addresses are confidential (Section
13.004, Election Code). Section 15.0215 and Section 254.0313, Election Code, are amended to omit addresses for
the same individuals and their family members. Section 411.179, Government Code, is amended to require that
handgun licenses for the same individuals omit residence addresses. Section 552.117, Government Code, excepts
from disclosure under the Public Information Act the home addresses, telephone numbers, emergency contact
information, and social security numbers for the same individuals. Similar exclusions exist under Section 145.007 and
Section 159.071, Local Government Code, dealing with municipal court judges and county attorneys, and Section
521.054 and Section 521.121, Transportation Code, dealing with drivers’ licenses. Section 11.008, Property Code, is
amended to add the same individuals to online databases maintained in property records in counties. Section
25.025(a), Tax Code, is amended to add the same individuals to the list of persons for which information may not be
disclosed in appraisal records. The effective date of all sections is September 1, 2021 (signed by the Governor on
June 7, 2021).
SB 1225 Sen. Joan Huffman Relating to the authority of a governmental body impacted by a
catastrophe to temporarily suspend the requirements of the public
information law
Section 552.233, Government Code, is amended to include in the definition of “catastrophe” the following:
‘Catastrophe’ does not mean a period when staff is required to work remotely and can access information responsive
to an application for information electronically, but the physical office of the governmental body is closed.” A
governmental body may suspend the requirements of the Public Information Act only once for each catastrophe. The
exception applies if the governmental body is significantly impacted such that the catastrophe directly causes the
inability of a governmental body to comply with the Act. The total suspension period for a governmental body may not
exceed a total of 14 consecutive calendar days with respect to any single catastrophe. If a governmental body closes
its physical offices, but requires staff to work, including remotely, then the governmental body shall make a good faith
effort to continue responding to applications for public information, to the extent staff members have access to
responsive information. Failure to respond to requests may constitute refusal to request an attorney general’s decision
or a refusal to supply information that the attorney general has determined is public. The effective date is September
1, 2021 (signed by the Governor on May 28, 2021).
SB 1257 Sen. Brian Birdwell Relating to the information required to be provided by the chief appraiser
to the comptroller in connection with the comptroller’s central registry
of reinvestment zones designated and ad valorem tax
abatement agreements executed under the Property Redevelopment
and Tax Abatement Act
Section 312.005, Tax Code, is amended to require that the Comptroller of Public Accounts include in the central registry
of reinvestment zones the information described by Section 312.205(a)(1) in connection with each tax abatement
agreement (the kind, number, and location of all proposed improvements to the property). The effective date is
September 1, 2021 (signed by the Governor on June 7, 2021).
Tax Collection and Rates
HB 295 Rep. Andrew Murr Relating to the provision of funding for indigent defense services
Section 79.037(a), Government Code, is amended to provide for services for indigent defense in counties. Section
26.0442(a), Tax Code, is amended to change the definition of “indigent defense compensation expenditures” for
purposes of truth-in-taxation calculations. It means the difference between (1) the amount paid by a county in the
period beginning on July 1 of the tax year preceding the tax year for which the tax is adopted and ending on June 30
of the tax year for which the tax is adopted (to include operations of the public defender’s office) and (2) the amount
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of any state grants received by the county during that period for those purposes. The effective date of the bill is
September 1, 2021 (signed by the Governor on June 14, 2021).
HB 533 Rep. Hugh Shine Relating to ad valorem tax sales of personalproperty seize under a tax
warrant
Section 33.25, Tax Code, is amended to permit public on-line auctions of personal property seized for delinquent
property taxes in all counties. The effective date is September 1, 2021 (signed by the Governor on May 19, 2021).
HB 1410 Rep. Jim Murphy Relating to the issuance of bonds by certain conservation and
reclamation districts
Section 49.4645, Water Code, adds subsection (a-1) to provide for bonding authority for specific conservation and
reclamation district to finance parks and recreational facilities (excluding indoor or outdoor swimming pools or golf
courses). The outstanding principal amount of bonds, notes, and other obligations may not exceed an amount equal to
1% but not exceed 3% of the value of the taxable property in the district or, if supported by contract taxes, the value of
the taxable property in the districts making payments under the contract (with certain restrictions related to debt ratio
and credit rating). Section 54.016(e), Water Code, is amended to change the restrictions for bond issuance that may
be imposed by a city on a water district. This change does not affect the terms of a city’s resolution or ordinance adopted
before the effective date of the new law. The effective date is September 1, 2021 (filed with no signature on June 14,
2021).
HB 1428 Rep. Dan Huberty Relating to procurement by a political subdivision of a contingent fee
contract for legal services
Section 2254.102, Government Code, is amended to exclude from review by the Attorney General contracts for legal
services entered by political subdivisions for the collection of an obligation that is delinquent or for certain services. For
purposes of this provision, an obligation does not include a fine or penalty that results from an action by a political
subdivision under Chapter 7, Water Code. The effective date is September 1, 2021 (signed by the Governor on May
15, 2021).
HB 1564 Rep. Mary Gonzalez Relating to the appointment of a receivership for and disposition of
certain platted lots that are abandoned, unoccupied, and
undeveloped in certain counties
Chapter 232 is added to the Local Government Code to deal with abandoned, unoccupied, and undeveloped platted
lots in counties with populations of more than 800,000 which are adjacent to an international border and contains more
than 30,000 acres of lots that have remained substantially undeveloped for more than 25 years after the date the lots
were platted. The county commissioners court may implement an expedited process to administratively determine that
a platted lot is abandoned, unoccupied, and underdeveloped under certain conditions. The county does not have
ownership interest in any lot (except for other legal interests under other provisions of law). Notices and public hearings
are required. Judicial appeal is authorized. Once a lot is determined to be abandoned, unoccupied, and undeveloped,
the county shall bring a civil action to have the lot placed in receivership. The appointed receiver is an officer of the
court and has specific responsibilities and powers. The lots may be sold according to procedures outlined in the new
law. If the procedures are followed and the property sells, the sale price is conclusive as to the fair market value of the
property at the time of sale. The effective date is September 1, 2021 (filed without signature on June 18, 2021).
HB 1869 Rep. Dustin Burrows Relating to the definition of debt for the purposes of calculating certain
ad valorem tax rates of a taxing unit
Section 26.012, Tax Code, is amended to change the definition of “debt” for purposes of tax rate calculations. It means
a bond, warrant, certificate of obligation, or other evidence of indebtedness owed by a taxing unit that is payable from
property taxes for a period of over one year and meets one of the following requirements: (1) has been approved at an
election; (2) includes self-supporting debt; (3) evidences a loan under a state or federal financial assistance program;
(4) is issued for designated infrastructure; (5) is a refunding bond; (6) is issued in response to an emergency; (7) is
issued for renovating, improving or equipping existing buildings or facilities; (8) is issued for vehicles or equipment; or
(9) is issued for a project under certain provisions related to reinvestment zones. “Debt” also means a payment made
under a contract to secure indebtedness issued by another political subdivision on behalf of the taxing unit. “Designated
infrastructure” is defined as a facility, equipment, rights-of-way, or land for one of seven purposes. “Refunding bond”
and “self-supporting debt” are defined. The changes in law apply only to a bond, warrant, certificate of obligation, or
other evidence of indebtedness for which the ordinance, order, or resolution authorizing the issuance is adopted by the
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governing body of the taxing unit on or after the effective date of September 1, 2021 (signed by the Governor on June
15, 2021).
HB 1900 Rep. Craig Goldman Relating to municipalities and counties that adopt budgets that defund
law enforcement agencies
Chapter 109 is added to the Local Government Code to provide for “defunding determinations” for municipalities that
reduce budgets for police departments. Chapter 43 is also amended to allow portions of a municipality to deannex if
determinations of defunding exist. Sections 26.0444 and 26.0501 are added to the Tax Code to provide for adjustments
in tax rate calculations for defunding municipalities. These adjustments would limit tax rate increases. Part of the
provisions apply to the 2021 tax year rate calculations. Other changes are included in the bill. The effective date is
September 1, 2021 (signed by the Governor on June 1, 2021).
HB 2429 Rep. Morgan Meyer Relating to the alternate provisions for ad valorem tax rate notices when
the de minimis rate of a taxing unit exceeds the voter-approval tax
rate
Section 26.063, Tax Code, is amended to add subsection (d) to change the notice used by a taxing unit that is not
required to hold an election under Section 26.07 and for which no petition for an election can be made under Section
26.075. The notice shall add to the end of the list of rates included in the notice: “de minimis rate--$ ______ per $100.”
The definition of “voter-approval tax rate” is changed and additional and substitute language is required. The effective
date is September 1, 2021 (signed by the Governor on May 15, 2021).
HB 3115 Rep. Hugh Shine Relating to the release of a judgment lien on homestead property
Section 52.0012 of the Property Code is amended to require a certificate of mailing by a judgment debtor indicating
notice to a judgment creditor concerning a release of lien on a homestead property. The exact language of the certificate
of mailing is prescribed in the statute. The effective date is immediate (signed by the Governor on June 16, 2021).
HB 3629 Rep. Greg Bonnen Relating to the date a deferral or abatement of the collection of ad
valorem taxes on the residence homestead of an elderly or disabled
person or disabled veteran expires
Section 33.06, Tax Code, is amended to require that a foreclosure sale for delinquent property taxes may not be held
for property that was subject to a deferral until the 181st day after the date the collector for the taxing unit delivers a
notice of delinquency of the taxes following the date the individual no longer owns and occupies the residence
homestead. The same requirement is added when property is subject to an abatement of a pending delinquent tax suit.
If an individual who qualifies for a deferral or abatement dies, the deferral or abatement continues in effect until the
181st day after the date the collector for the taxing unit delivers a notice of delinquency of the taxes following the date
the surviving spouse of the individual no longer owns and occupies the property as a residence homestead under
certain conditions. The effective date is September 1, 2021 (signed by the Governor on June 8, 2021).
HJR 99 Rep. Terry Canales Proposing a constitutional amendment authorizing a county to finance
the development or redevelopment of unproductive,
underdeveloped, or blighted areas in the county; authorizing the
issuance of bonds and notes
Article VIII, Section 1-g(b), Texas Constitution, is amended to allow counties (along with municipalities) to issue bonds
or notes for developing blighted areas and for transportation improvements under general law, except that the
transportation bonds may not be pledged for repayment at an amount of more than 65% of the increase in property tax
revenues annually or be used to finance construction, operation, maintenance, or acquisition of rights-of-way for toll
roads. The proposal was filed with the Secretary of State on June 1, 2021.
SB 23 Sen. Joan Huffman Relating to an election to approve a reduction or reallocation of funding
or resources for certain county law enforcement agencies
Chapter 120 is added to the Local Government Code to require an election to approve a budget reduction or reallocation
of funding for county law enforcement. Certain exceptions are included in the bill, including one for disasters. The
Comptroller of Public Accounts is responsible for making determinations of budget reductions or reallocations. If a
determination is made, a county may not adopt a tax rate that exceeds the county’s no-new-revenue tax rate under a
specific timeline.
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The effective date is January 1, 2022 (signed by the Governor on June 1, 2021).
SB 604 Sen. Paul Bettencourt Relating to bonds issued by and the dissolution of municipal
management districts
Chapter 375 of the Local Government Code is amended to allow municipal management districts to exist after a petition
for dissolution is filed for the purpose of winding up district operations and discharging bonded indebtedness. This
provision does not apply if the indebtedness is secured by a source other than assessments on the date the petition is
filed with the district board. The effective date is September 1, 2021 (signed by the Governor on June 14, 2021).
SB 742 Sen. Brian Birdwell Relating to installment payments of ad valorem taxes on property in a
disaster area or emergency area
Section 31.032, Tax Code, is amended and Section 31.033, Tax Code, is added to permit installment payments of
property taxes in emergency areas. They are defined as areas designated by the governor to be affected by an
emergency as defined by Section 433.001, Government Code (a riot or unlawful assembly of three or more persons
acting together to use force or violence; if a clear and present danger of the use of violence exists; or a natural or man-
made disaster). The new law applies only to real property that is owned or leased by a business entity with gross
receipts under a certain amount; located in a disaster or emergency area; and has not been damaged as a direct result
of the disaster or emergency. It also includes tangible personal property that is owned or leased by such a business.
The installments can only be for taxes that are imposed on the property by a taxing before the first anniversary of the
disaster or emergency. The governing body of the taxing unit may authorize the installment payments. The Comptroller
of Public Accounts is required to adopt rules to implement these provisions. The effective date is immediate (signed by
the Governor on June 7, 2021).
SB 1357 Sen. Bryan Hughes Relating to deadlines associated with proposing and adopting a budget
for certain counties
Chapter 111 of the Local Government Code is amended to require that county budgets be prepared not later than
August 15 of each year. The budget also must be filed with the county clerk by that date. The commissioners court is
required to hold budget hearings not later than the 25th day after the day the budget is filed and before the county tax
rate for the current tax year is adopted. Public notice of the budget hearing must be given not earlier than the 30th day
before the date of the hearing and not later than the 10th day before the date of the hearing. The effective date is
immediate (signed by the Governor on June 14, 2021).
SB 1438 Sen. Paul Bettencourt Relating to the effect of a disaster on the calculation of certain tax rates
and the procedure for adoption of a tax rate by a taxing unit
Section 11.43(s), Tax Code, is amended to delete the requirement that applications for exemption under Section
11.35 must be filed not later than the 45th day after the date the governing body of the taxing unit adopts the
exemption. The 105-day application deadline after the governor’s declaration is retained for all exemptions under
Section 11.35. Section 26.042 is added to the Tax Code to address the calculation and adoption of certain tax rates
in a disaster area. Except for school districts and special taxing units, the governing body of a taxing unit may direct
that the voter-approval tax rate be calculated as provided for special taxing units, if any part of the taxing unit is
located in a disaster area declared by the Governor or the President of the United States in the current tax year and
at least one person is granted an exemption under Section 11.35. The calculation may continue to be used for no
more than three years. A formula for this “emergency revenue rate” is stated in the new law. Provisions for elections
are included.
Certain Tax Code provisions are repealed: Sections 11.35(c), (d), and (e); Section 26.04(c-1); Section 26.041(c-1);
and Section 26.08(a-1). The changes in law to Sections 11.35 and 11.43, Tax Code, apply only to taxes imposed for
a tax year that begins on or after January 1, 2022. The effective date for other provisions is September 1, 2021. The
Governor signed the bill on June 16, 2021.
SB 1764 Sen. Paul Bettencourt Relating to the payment of delinquent ad valorem taxes on property
subject to a tax sale
Section 31.06, Tax Code, is amended to allow a tax collector to adopt a written policy that requires payment of
delinquent taxes, penalties, interest, and costs and expenses recoverable under Section 33.48 only with United States
currency, a cashier’s check, a certified check, or an electronic funds transfer if the payment relates to seized personal
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property, property subject to an order of sale, or seized real property, under Chapter 33 of the Tax Code. The provisions
are effective immediately (signed by the Governor on June 16, 2021).
School Finance
HB 1525 Rep. Dan Huberty Relating to the public school financing system
The bill makes changes to funding allotments, specifically for fast-growth school districts, and reinstates the gifted and
talented allotment. The bill provides for grant programs and adds new administrative requirements. It includes many
amendments to existing programs and practices to assist the Texas Education Agency to implement provisions of HB
3 from the last legislative session. The changes in law result in additional State funding to public education of $246
million in the 2022 fiscal year and $215 million in the 2023 fiscal year. Of importance to funding based on property
taxation, the bill changes the law regarding tax compression to replace the Comptroller’s Property Value Study (PVS)
determinations of value with adjusted local taxable values. This change conforms to the practice currently used by the
Texas Education Agency, since the PVS values are not available when tax compression determinations are made.
Other
HB 3607 Rep. Jeff Leach Relating to non-substantive additions to, revisions of, and corrections in
enacted codes, to the non-substantive codification or disposition of
various laws omitted form enacted codes, and to conforming
codifications enacted by the 86
th
Legislature to other Acts of that
legislature
Article 19 of the Act deals with changes related to the Tax Code. Three provisions concern property taxation. The
numbering was corrected in Section 25.025(a). Section 26.08(n-1) was repealed. The reference to a section of the
Education Code was added to Section 312.210(b).
Vetoed Bill
HB 1544 Rep. Ryan Guillen Relating to the eligibility of land to continue to be appraised for ad valorem
tax purposes as qualified open-space land if the land is temporarily
used for sand mining operations; authorizing a fee
Chapter 23, Tax Code, is amended by adding Section 23.527, and applies to a sand mining operation that overlies the
Carrizo-Wilcox Aquifer and that is 30 miles of the boundary of a city with a population of more than 500,000 or one mile
of a building in use as a single-family or multi-family residence. Such an operation is defined as an aggregate operation
registered under the Water Code at which sand is removed or extracted. Eligibility of open-space land does not end
because it ceases to be devoted principally to agricultural use if: (1) the owner intends that the use of the land be
resumed; (2) the land is used for sand mining; and (3) the land is reclaimed according to standard best practices not
later than the first anniversary of the date sand mining operations began on the land. The landowner must notify the
appraisal district in writing not later than the 30th day after the date sand mining operations begin on the land. The
Texas Commission on Environmental Quality is required to adopt standard best practices for land reclamation with
specific statutory provisions listed in subsection (f). The executive director of TCEQ is required to send notice to the
chief appraiser of the appraisal district where the land is located that the owner applied for a determination letter
concerning reclamation and must issue a determination letter with a copy to the chief appraiser. An appeal process is
provided at TCEQ. The chief appraiser is authorized to testify at the appeal. The chief appraiser is required to accept
a final determination by the TCEQ as conclusive evidence that land was reclaimed according to the standard best
practices in a timely manner. Eligibility of the land for open-space designation does not end because the land ceases
to be devoted principally to agricultural use to the degree of intensity generally accepted in the area if: (1) the owner of
the land provides the notice required in this new section not later than the 90th day after the effective date of this act;
and (2) the chief appraiser has not made a determination that a change of use has occurred (as of the effect date of
this act). The new law applies only to land on which sand mining operation began before a certain date.
The following summaries of HB 988 and Companion Senate Bill 449, and SB 63 and Companion House
Bill 3509 were prepared by LSEJ Legislative Counsel Debbie Cartwright.
House Bill 988 (Rep. Hugh ShineTemple)
Companion Senate Bill 449 (Sen. Kelly HancockNorth Richland Hills)
Summary of Substitute Bill for House Bill 988
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Relating to ad valorem taxation; creating a criminal offense
Section 1. Amends Section 5.103(d) and adds (e), Tax Code
Appraisal review boards (ARB) are required to incorporate the Comptroller’s model hearing procedures into their local
procedures and may adopt supplemental procedures that do not conflict with the model. The Comptroller is required to
review compliance as part of the Methods and Assistance Program.
Effective Date: Immediately or September 1, 2021
Section 2. Amends Section 5.104(l), Tax Code
The Comptroller’s annual report must include a summary of comments, complaints, and suggestions provided by
taxpayer liaison officers, as well as the results of the ARB procedures review, and the results of requests for binding
arbitration for ARB procedural violations. The identities of persons who submitted comments, complaints, suggestions,
or requests for binding arbitration may not be disclosed.
Effective Date: Immediately or September 1, 2021
Section 3. Amends Section 6.03(k) and adds (k-1), Tax Code
In counties with populations of 120,000 or more, a different procedure for counting votes for directors of appraisal
districts is created. A taxing unit governing body entitled to cast at least 5% of the total votes must determine its vote
by resolution at the first or second open meeting of the governing body after the date the chief appraiser delivers the
ballot. The vote must be submitted to the chief appraiser not later than the third day following the date the resolution is
adopted. [NOTE: This provision does not override the 3/4’s rule in Section 6.031.]
Effective Date: This section applies only to the selection of members of the board of directors who are appointed for a
term that begins on or after January 1, 2022.
Section 4. Amends Section 6.052(a), (b), and (c) and adds (g), Tax Code
Taxpayer liaison officers must compile a list of filed complaints and forward them (along with comments and
suggestions) to the Comptroller not later than December 31 of each year.
The taxpayer liaison officer does not commit an offense if he/she communicates with the chief appraiser or another
employee or agent of the appraisal district, a member of the ARB, an appraisal district director, a property tax consultant,
a property owner or his/her agent, or another person if the communication is made in the good faith exercise of the
officer’s statutory duties.
Effective Date: Immediately or September 1, 2021
Section 5. Adds Section 6.155, Tax Code
A member of the governing body, officer, or employee of a taxing unit commits an offense (Class A misdemeanor) if
he/she directly or indirectly communicates with the chief appraiser or another employee of the appraisal district in which
the taxing unit participates for the purpose of influencing the value at which property in the district is appraised unless
the person owns or leases the property that is the subject of the communication.
Effective Date: January 1, 2022
Section 6. Amends Section 11.252(d), Tax Code
The requirement that a motor vehicle lessee must certify under oath that he/she does not use the vehicle for income
production in order to qualify for an exemption of the vehicle is amended to permit the Comptroller’s form also to provide
for an unsworn declaration.
Effective Date: January 1, 2022
Section 7. Adds Section 11.253(l) and (m), Tax Code
The governing body of a taxing unit located in a disaster area after January 1, 2020, is authorized to extend the date
by which goods-in-transit must be transported to another location to 270 days after the date the property was acquired.
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The exemption applies only to the taxing unit adopting the extension and the tax year in which the extension is adopted.
The new subsections expire on December 1, 2025.
Effective Date: This section applies to a tax year beginning on or after January 1, 2022.
Section 8. Amends Section 21.021(a) and (b), Tax Code
These provisions are amended to allow for a new appraisal methodology for special-purpose vessels or other watercraft
under Section 21.031.
Effective Date: This section applies to a tax year beginning on or after January 1, 2022.
Section 9. Amends 21.031(b) and adds (b-1), (b-2), (b-3), and (i), Tax Code
A property owner that operates a fleet of vessels or other watercraft used as instrumentalities of commerce may elect
in writing to have its property values allocated according to this subsection. The allocation is based on the number of
miles that all vessels or other watercraft in the fleet are used in the state in the preceding year. The property owner
may designate the location of the property owner’s principal place of business as the taxable situs of the fleet. The
definition of “special-purpose vessel or other watercraft not used as an instrumentality of commerce” is a vessel or
other watercraft that is designed to be transient and customarily is moved from location to location on a more less
regular basis; is economically employed when operated in a localized area or in a fixed place; and is not primarily
employed to transport cargo, passengers, and equipment but rather to perform some specialized function or operation
not requiring constant movement from point to point. The definition of “vessel or other watercraft used an instrumentality
of commerce” is one that is primarily employed in the transportation of cargo, passengers, or equipment, and that is
economically employed when it is moving from point to point as a means of transportation.
Effective Date: This section applies to a tax year beginning on or after January 1, 2022.
Section 10. Adds Section 25.02(c), (d), (e), (f), and (g), Tax Code
If an appraisal district changes an account number of an appraisal record, the district must notify the property owner
and include the change in the next notice of appraised value. For accounts, other than those for residential property,
improvement only accounts, or property on which taxes are delinquent, a written request may be made before January
1 of the tax year for which the request is made by the property owner to (1) combine contiguous parcels or tracts of
real property into a single account, or (2) separate identifiable segments of the owner’s parcel or tract of real property
into individual appraisal records. The request must contain a legal description as contained in a deed sufficient to
describe the property subject to the request. A property owner may protest a chief appraiser’s refusal to comply with
the request under Section 25.25 or Chapter 41.
Subsection (g) provides: “The combination of contiguous parcels or tracts of real property into a single appraisal record
or the separation of identifiable segments of a parcel or tract of real property into individual appraisal records under this
section does not affect the application of generally accepted appraisal methods and techniques to the appraisal of real
property associated with those appraisal records, including real property that is part of the same economic unit as real
property contained in the same or another appraisal record.”
Effective Date: January 1, 2022
Section 11. Amends Section 25.19(b), Tax Code
Notices of appraised value must include an explanation of the availability and purpose of an informal conference with
the appraisal office before a hearing on a protest.
Effective Date: The section applies to a notice of appraised value for a tax year beginning on or after January 1, 2022.
Section 12. Adds Section 25.19(m) and (n), Tax Code
A corrected or amended notice of appraised value may be delivered for any reason before June 1 for business personal
property and may be delivered after that time to include omitted property or correct a clerical error. As soon as
practicable after delivering notices of appraised value, the chief appraiser shall post the notice on the appraisal districts
Internet website, if the appraisal district maintains a website, as part of the appraisal record pertaining to the property.
Effective Date: The section applies to a notice of appraised value for a tax year beginning on or after January 1, 2022.
30
Section 13. Amends Section 31.11(h), Tax Code
This section does not apply to an overpayment of taxes received after a correction of a tax roll as a result of a judicial
appeal under Chapter 42.
Effective Date: January 1, 2022
Section 14. Adds Section 41.01(c), (d), and (e), Tax Code
Appraisal review boards are required to adopt hearing procedures (by rule). Public hearings must be held first
concerning the procedures. Not later than May 1 of each year, the ARB shall hold the hearing, make amendments to
the proposed hearing procedures that are determined to be necessary, and by resolution finally adopt the hearing
procedures, which must comply with the Comptroller’s model procedures. The chairperson of the ARB is responsible
for the administration of hearing procedures. Copies of the procedures must be distributed to the appraisal district board
of directors, the taxpayer liaison officer, and the Comptroller not later than the 15th day after the date the board adopts
the hearing procedures. The procedures must also be posted in a prominent place in each room in which the ARB
conducts hearings and on the appraisal district’s Internet website (if the district maintains a website).
Effective Date: Immediately or September 1, 2021
Section 15. Amends Section 41.44(d), Tax Code
The notice of protest form must include a place for a property owner to request that the protest be heard by a single-
member panel.
Effective Date: January 1, 2022
Section 16. Adds Section 41.445, Tax Code: Informal Conference Before Hearing on Protest.
The appraisal office shall hold an informal conference with each property owner who files a notice of protest with the
appraisal review board and requests an informal conference. An informal conference must be held before the hearing
on the protest.
Effective Date: This section applies to protests for which notices of protest are filed on or after January 1, 2022.
Section 17. Amends Section 41.45(b-1), (d), (d-2), and (d-3) and adds (b-4) and (b-5), Tax Code
Single-member panels to conduct protest hearings are authorized if requested.
Effective Date: January 1, 2022
Section 18. Amends Section 41.461(a), Tax Code
The wording regarding the delivery of hearing procedures before a hearing on a protest is changed to conform to the
requirement that they must be adopted by the ARB.
Effective Date: Immediately or September 1, 2021
Section 19. Amends Section 41.47(c) and adds (d-1), Tax Code
Orders determining protest must list separately the appraised value of the land and the improvement for real property
protests.
In counties with populations of 120,000 or more, a property owner may submit a written request to require the chief
appraiser to deliver by email the notice of issuance and the order determining protest, if there is no agreement in place
under Section 1.085. A request under this subsection may be submitted only by the property owner whose property is
subject to the protest, an attorney representing the property owner, or a tax agent designated by the property owner. A
person may include in a single request more than one property owned by the same property owner or multiple properties
owned by multiple property owners. A person may submit more than one request. The request may indicate that the
chief appraiser must make the delivery to the property owner, an attorney representing the property owner, a designated
31
tax agent, or a combination of those persons. A person must submit a request before the protest hearing relating to
each property included in the request. The delivery of the order determining protest by email must be made not later
than the 21st day after the date the ARB issues the order.
Effective Date: January 1, 2022
Section 20. Amends Section 41.66(a) and adds (q), Tax Code
The appraisal review board shall conduct hearings according to their adopted hearing procedures. A person who owns
property in the district or the chief appraiser may file a complaint with the taxpayer liaison officer alleging that the ARB
has adopted or is implementing hearing procedures that are not in compliance with the Comptroller’s model procedures
or is not complying with procedural requirements of law. The liaison officer shall investigate and report findings to the
appraisal district directors. The directors shall direct the chairman of the ARB to take remedial action if they determine
that the allegations are true. The board of directors may remove the chairperson of the ARB from the position if the
board determines that the chairperson failed to take actions necessary to comply with the model hearing procedures.
Effective Date: Immediately or September 1, 2021
Section 21. Adds Section 41A.015, Tax Code: Limited Binding Arbitration to Compel Compliance with Certain
Procedural Requirements Related to Protests
Property owners who have filed protests may file a request for binding arbitration to:
1. rescind ARB procedural rules that do not comply with model hearing procedures;
2. schedule a hearing as required by Section 41.45;
3. deliver information as required by Section 41.461;
4. allow the property owner to offer evidence, examine or cross-examine witnesses or parties, and present
arguments are required by Section 41.66(b);
5. set a hearing or postpone a hearing that does not begin within 2 hours of the scheduled time as required by
Section 41.66(i);
6. schedule hearings concerning multiple properties on the same day as requested according to Section 41.66(j);
or
7. refrain from using or offering as evidence information requested by the property owner under Section 41.461
that was not delivered to the property owner at least 14 days before the hearing as required by Section
41.67(d).
Before a request for binding arbitration can be filed, two steps are required. First, the property owner must deliver
written notice of the alleged procedural violation (listed above) to the ARB chairperson, the chief appraiser, and the
taxpayer liaison officer by certified mail on or before the 5th business day after the day of the alleged non-compliance.
Second, the ARB chairperson or the chief appraiser, as applicable, must fail to deliver a written statement on or before
the 10th day after the delivery of the notice confirming that the ARB or chief appraiser will comply or cure a procedural
violation.
Failure to comply with these provisions is not a ground for postponement of a protest hearing. The ARB may cure the
alleged procedural violation that occurred during a hearing by rescinding the order determining protest and scheduling
a new hearing.
A request for binding arbitration must be filed with the Comptroller not earlier than the 11th day and not later than the
30th day after the date the property owner delivers the notice of the procedural violation. The request must be in a form
prescribed by the Comptroller, accompanied by an arbitration deposit of either $450 (if the property is a residence
homestead valued at $500,000 or less) or $550 for other property. The Comptroller’s form must require that the property
owner provide a statement that the required written notice was delivered and the deposit was made; describe the
alleged procedural violation and the failure to cure by the ARB or chief appraiser; describe the property; and provide
other information reasonably necessary for the Comptroller to appoint an arbitrator.
A property owner may request a single arbitration under this section involving more than one property, more than one
protest hearing, or an allegation of the failure by the ARB or chief appraiser to comply with more than one procedural
requirement so long as the requirements for notice and cure (within 10 days) are met for each alleged failure. The
arbitration deposit and arbitrator fees are computed as if a single property were the subject of the arbitration.
The Comptroller is required to appoint an eligible arbitrator from its registry (a lawyer who is not required to reside in
the county where the property is located and agrees to be paid $400 for eligible residence homestead property owners
32
or $500 for other property owners). The ARB, chief appraiser, and property owner are parties to the arbitration and may
appear by counsel and other designated persons.
The arbitrator shall make an award and deliver an electronic copy to the property owner, the ARB chairperson, the chief
appraiser, and the Comptroller. A determination of compliance or non-compliance with eligible procedures is required,
along with a directive regarding compliance actions. The determination is final and enforceable according to Section
41A.09. [NOTE: There are no deadlines regarding arbitration proceedings and issuance of awards.]
If the arbitrator determines non-compliance with eligible procedural requirements, the property owner is entitled to a
refund of the deposit (less $50 administrative fee for the Comptroller) and the appraisal district must pay the arbitrator’s
fee. Otherwise, the arbitrator is paid from the deposit. Special provisions are included for arbitrations involving more
than one property or allegation of procedural violations.
An award does not affect the property owner’s right to appeal the final determination of a protest under Chapter 42 or
pursue any other legal or statutory remedy available to the property owner.
Effective Date: Immediately or September 1, 2021
Section 22. Amends Section 41A.10(a) and adds (c), Tax Code
For purposes of binding arbitration under this section, deferral of the collection of taxes for residence homestead owners
who are age 65 or older or who are disabled is not considered a delinquency. The purpose of the amendment is to
allow persons with deferrals to be eligible for this alternative dispute resolution concerning the value of property.
Effective Date: This section applies to a request for binding arbitration filed on or after January 1, 2022.
Section 23. Amends Section 42.015(a), Tax Code
A person leasing property who is contractually obligated to reimburse the property owner for taxes is entitled to appeal
an ARB order related to a protest brought by the owner if the owner does not appeal.
Effective Date: This section applies to an appeal under Chapter 42 that is pending on the effective date of the bill
(immediately or September 1, 2021).
Section 24. Amends Section 42.23(e), Tax Code
Courts are prohibited from entering an order, including a protective order under the Rules of Civil Procedure, that
conflicts with Section 42.23(d). This section is the provision altering discovery rules in property tax cases, if a property
owner makes a settlement offer, requests alternative dispute resolution, and designates a cause of action within 120
days.
Effective Date: This section applies to an appeal under Chapter 42 that is pending on the effective date of the bill
(immediately or September 1, 2021).
Sections 2533. Effective dates and implementing clauses.
The Comptroller of Public Accounts is required to implement a provision of this Act only if the Legislature appropriates
money specifically for that purpose. If the Legislature does not appropriate money specifically for that purpose, the
Comptroller may, but is not required to, implement a provision of this Act using other appropriations available for that
purpose.
Senate Bill 63 (Sen. Jane NelsonFlower Mound)
Companion House Bill 3509 (Rep. Morgan MeyerDallas)
Summary of Substitute Bill for Senate Bill 63
Relating to the system for appraising property for ad valorem tax purposes
Section 1. Amends Section 5.03 by adding (d), Tax Code
33
The Comptroller may provide notice to require that a document, payment, notice, report, or other item be received and
submitted electronically. Rules may be adopted to specify the format of an item electronically submitted to or sent by
the Comptroller.
Effective Date: September 1, 2021
Section 2. Amends Section 5.041(b) and (e-1) and adds (i), Tax Code
The Comptroller is authorized to provide distance training for appraisal review board members. Rules may be adopted
to implement this provision, including rules establishing criteria for course availability and for demonstrating course
completion.
Effective Date: September 1, 2021
Section 3. Amends Section 6.035 (a-1), Tax Code
For counties with populations of 120,000 or more, a member of the appraisal district board of directors may not serve
more than five two-year terms. A person may not serve if he/she has engaged in appraising property for compensation
in the preceding three years or has been an employee of the appraisal district in the preceding three years.
Effective Date: Service on the board of directors before January 1, 2022, does not count for purposes of determining
whether a person is ineligible to serve on the board.
Section 4. Amends Section 6.054, Tax Code
A person may not be employed by an appraisal district if he/she has served as a member of the appraisal review board
at any time during the preceding two years.
Effective Date: This change only applies to a former member of an appraisal review board first employed by an
appraisal district on or after September 1, 2021.
Section 5. Adds Section 6.41(f), Tax Code
Not later than the 90th day after the date the board of directors, the local administrative district judge, or the judge’s
designee that appoints appraisal review board members learns of a potential ground for removal, official action must
be taken to either remove the appraisal review board member or make a finding that removal is not warranted.
Effective Date: This section applies only to a potential ground for removal that is found on or after September 1, 2021.
Section 6. Amends Section 11.27(a) and adds (a-1), Tax Code
A person is entitled to an exemption from taxation of the appraised value of a solar or wind-powered energy device
owned by the person that is installed or constructed on real property and is primarily for production and distribution of
energy for on-site use regardless of whether the person owns the real property on which the device is installed or
constructed. The exemption applies to the value of the real property.
Effective Date: September 1, 2021
Section 7. Adds Section 11.45(a), (b), (d), and (e), Tax Code
Action must be taken on exemption applications “as soon as practicable but not later than the 90th day after the later
of the date the applicant first qualifies for the exemption or the date the applicant provides to the chief appraiser the
information necessary for the chief appraiser to determine the applicant’s right to the exemption.” If the chief appraiser
requires additional information from an applicant, the chief appraiser shall, as soon as practicable but not later than the
30th day after the date the application is filed with the chief appraiser, deliver a written notice to the applicant specifying
the additional information that must be provided. The applicant must provide the information within 30 days, or the
application may be denied. If an application is modified or denied, the notice must state and fully explain each reason
for the action.
Effective Date: This section only applies to an application filed on or after September 1, 2021.
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Section 8. Amends Section 23.44(a), (b), and (d), Tax Code
Agricultural land applications must be determined as soon as practicable but not later than the 90th day after the later
of the date the claimant is first eligible for the designation or the date the claimant provides requested information. If
the chief appraiser requires additional information from a claimant, the chief appraiser shall, as soon as practicable but
not later than the 30th day after the date the application is filed with the chief appraiser, deliver a written notice to the
claimant specifying the additional information that must be provided. The claimant must provide the information within
30 days, or the application may be denied. If an application is denied, the notice must state and fully explain each
reason for the action.
Effective Date: This section only applies to an application filed on or after September 1, 2021.
Section 9. Amends Section 23.57(a), (b), and (d), Tax Code
Open-space land applications must be determined as soon as practicable but not later than the 90th day after the later
of the date the applicant’s land is first eligible for the designation or the date the applicant provides requested
information. If the chief appraiser requires additional information from an applicant, the chief appraiser shall, as soon
as practicable but not later than the 30th day after the date the application is filed with the chief appraiser, deliver a
written notice to the applicant specifying the additional information that must be provided. The applicant must provide
the information within 30 days, or the application may be denied. If an application is denied, the notice must state and
fully explain each reason for the action.
Effective Date: This section only applies to an application filed on or after September 1, 2021.
Section 10. Amends Section 23.79(a), (b), and (d), Tax Code
Timber-land applications must be determined as soon as practicable but not later than the 90th day after the later of
the date the applicant’s land is first eligible for the designation or the date the applicant provides requested information.
If the chief appraiser requires additional information from an applicant, the chief appraiser shall, as soon as practicable
but not later than the 30th day after the date the application is filed with the chief appraiser, deliver a written notice to
the applicant specifying the additional information that must be provided. The applicant must provide the information
within 30 days, or the application may be denied. If an application is denied, the notice must state and fully explain
each reason for the action.
Effective Date: This section only applies to an application filed on or after September 1, 2021.
Section 11. Amends Section 23.85(a), (b), and (d), Tax Code
Recreational-use applications must be determined as soon as practicable but not later than the 90th day after the later
of the date the claimant is first eligible for the designation or the date the claimant provides requested information. If
the chief appraiser requires additional information from a claimant, the chief appraiser shall, as soon as practicable but
not later than the 30th day after the date the application is filed with the chief appraiser, deliver a written notice to the
claimant specifying the additional information that must be provided. The applicant must provide the information within
30 days, or the application may be denied. If an application is denied, the notice must state and fully explain each
reason for the action.
Effective Date: This section only applies to an application filed on or after September 1, 2021.
Section 12. Amends Section 23.95(a), (b), and (d), Tax Code
Public airport property applications must be determined as soon as practicable but not later than the 90th day after the
later of the date the claimant is first eligible for the designation or the date the claimant provides requested information.
If the chief appraiser requires additional information from a claimant, the chief appraiser shall, as soon as practicable
but not later than the 30th day after the date the application is filed with the chief appraiser, deliver a written notice to
the claimant specifying the additional information that must be provided. The applicant must provide the information
within 30 days, or the application may be denied. If an application is denied, the notice must state and fully explain
each reason for the action.
Effective Date: This section only applies to an application filed on or after September 1, 2021.
Section 13. Amends Section 23.9805(a), (b), and (d), Tax Code
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Restricted-use timber-land applications must be determined as soon as practicable but not later than the 90th day after
the later of the date the applicant’s land is first eligible for the designation or the date the applicant provides requested
information. If the chief appraiser requires additional information from an applicant, the chief appraiser shall, as soon
as practicable but not later than the 30th day after the date the application is filed with the chief appraiser, deliver a
written notice to the applicant specifying the additional information that must be provided. The applicant must provide
the information within 30 days, or the application may be denied. If an application is denied, the notice must state and
fully explain each reason for the action.
Effective Date: This section only applies to an application filed on or after September 1, 2021.
Section 14. Amends Section 25.193(b), Tax Code
A property owner may elect to receive notices by email under Section 1.086 for any property, not just property described
in that section.
Effective Date: September 1, 2021
Section 15. Amends Section 25.25(e), Tax Code
For motions to correct under this section, an appraisal review board shall schedule the hearing to be held as soon as
practicable but not later than the 90th day after the date the appraisal review board approves the appraisal records
under Section 41.12. The request for hearing must be made on or after January 1 but before September 1. If a request
for hearing is made on or after September 1 (but before January 1 of the following tax year), the appraisal review board
shall schedule the hearing to be held as soon as practicable but not later than the 90th day after the date the request
for the hearing is made.
Effective Date: This section only applies to a motion to correct that is filed on or after September 1, 2021.
Section 16. Amends Section 41.44(d), Tax Code
If a notice of protest form includes boxes that the property owner is required to select the reason for the protest, the
form must include a single box for both excessive value and unequal appraisal.
Effective Date: September 1, 2021
Section 17. Amends Section 41.45(a), Tax Code
The appraisal review board shall schedule a protest hearing to be held as soon as practicable but not later than the
90th day after the date the board approves the appraisal records under Section 41.12.
Effective Date: This section applies only to a protest for which the notice of protest was filed on or after September 1,
2021.
Section 18. Adds Section 41.46(f), Tax Code
This subsection applies only to counties with populations of 120,000 or more. In addition to the notice required by (a),
on written request of the protesting property owner, the appraisal review board shall deliver an electronic reminder
stating the date, time, and place of the protest hearing that is the subject of the notice. The property owner may request
that delivery be made by email or text message. The property owner must provide in the request the email address or
telephone number to which the reminder should be sent. The appraisal review board shall deliver the electronic
reminder to the property owner not earlier than the 7th day after the date the board delivers the notice required by (a)
and not later than the day before the hearing date. Failure to deliver the electronic reminder is not considered a failure
to provide or deliver notice under Section 41.411.
Effective Date: This section applies only to a protest for which the notice of protest was filed on or after September 1,
2021.
Section 19. Adds Section 41.67(e), Tax Code
The chief appraiser may not offer evidence or argument at a protest hearing in support of a reason for modifying or
denying an application other than a reason stated in the notice delivered to the property owner, unless the chief
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appraiser provides written notice of an additional reason not later than 14 days before the hearing and establishes that
the additional reason was not known to the chief appraiser at the time the first notice was delivered.
Effective Date: This section applies only to a protest for which the notice of protest was filed on or after September 1,
2021.
Sections 2027. Effective dates and implementing clauses.