H.B. No. 804
relating to the entitlement of a lessee of property who is required
to pay the ad valorem taxes on the property to receive notice of the
appraised value of the property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 41.413, Tax Code, is amended by amending
Subsection (d) and adding Subsections (e), (f), and (g) to read as
(d) A [The] property owner shall [timely] send to a [the]
person leasing [the] property under a contract described by this
section a copy of any notice of appraised value of the property [the
property’s reappraisal] received by the property owner. The
property owner must send the notice not later than the 10th day
after the date the property owner receives the notice. Failure of
the property owner to send a copy of the notice to the person
leasing the property does not affect the time within which the
person leasing the property may protest the appraised value. This
subsection does not apply if the property owner and the person
leasing the property have agreed in the contract to waive the
requirements of this subsection or that the person leasing the
property will not protest the appraised value of the property.
(e) A person leasing property under a contract described by
this section may request that the chief appraiser of the appraisal
district in which the property is located send the notice described
by Subsection (d) to the person. Except as provided by Subsection
(f), the chief appraiser shall send the notice to the person leasing
the property not later than the fifth day after the date the notice
is sent to the property owner if the person demonstrates that the
person is contractually obligated to reimburse the property owner
for the taxes imposed on the property.
(f) A chief appraiser who receives a request under
Subsection (e) is not required to send the notice requested under
that subsection if the appraisal district in which the property
that is the subject of the notice is located posts the appraised
value of the property on the district’s Internet website not later
than the fifth day after the date the notice is sent to the property
(g) A person leasing property under a contract described by
this section may designate another person to act as the agent of the
lessee for any purpose under this title. The lessee must make the
designation in the manner provided by Section 1.111. An agent
designated under this subsection has the same authority and is
subject to the same limitations as an agent designated by a property
owner under Section 1.111.
SECTION 2. The changes in law made by this Act apply only to
a notice of appraised value sent to a property owner on or after the
effective date of this Act.
SECTION 3. This Act takes effect September 1, 2017.
President of the Senate Speaker of the House
I certify that H.B. No. 804 was passed by the House on May 9,
2017, by the following vote: Yeas 145, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 804 on May 21, 2017, by the following vote: Yeas 138, Nays 0, 2
present, not voting.
Chief Clerk of the House
I certify that H.B. No. 804 was passed by the Senate, with
amendments, on May 18, 2017, by the following vote: Yeas 30, Nays
Secretary of the Senate