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Texas Property Tax Code 2015 Chapter 33 Subchapter A

TITLE 1. PROPERTY TAX CODE
SUBTITLE E. COLLECTIONS AND DELINQUENCY
CHAPTER 33. DELINQUENCY

 

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 33.01.  PENALTIES AND INTEREST.  (a)  A delinquent tax incurs a penalty of six percent of the amount of the tax for the first calendar month it is delinquent plus one percent for each additional month or portion of a month the tax remains unpaid prior to July 1 of the year in which it becomes delinquent.  However, a tax delinquent on July 1 incurs a total penalty of twelve percent of the amount of the delinquent tax without regard to the number of months the tax has been delinquent.  A delinquent tax continues to incur the penalty provided by this subsection as long as the tax remains unpaid, regardless of whether a judgment for the delinquent tax has been rendered.

(b)  If a person who exercises the split-payment option provided by Section 31.03 of this code fails to make the second payment before July 1, the second payment is delinquent and incurs a penalty of twelve percent of the amount of unpaid tax.

(c)  A delinquent tax accrues interest at a rate of one percent for each month or portion of a month the tax remains unpaid.  Interest payable under this section is to compensate the taxing unit for revenue lost because of the delinquency.  A delinquent tax continues to accrue interest under this subsection as long as the tax remains unpaid, regardless of whether a judgment for the delinquent tax has been rendered.

(d)  In lieu of the penalty imposed under Subsection (a), a delinquent tax incurs a penalty of 50 percent of the amount of the tax without regard to the number of months the tax has been delinquent if the tax is delinquent because the property owner received an exemption under:

(1)  Section 11.13 and the chief appraiser subsequently cancels the exemption because the residence was not the principal residence of the property owner and the property owner received an exemption for two or more additional residence homesteads for the tax year in which the tax was imposed;

(2)  Section 11.13(c) or (d) for a person who is 65 years of age or older and the chief appraiser subsequently cancels the exemption because the property owner was younger than 65 years of age;  or

(3)  Section 11.13(q) and the chief appraiser subsequently cancels the exemption because the property owner was younger than 55 years of age when the property owner’s spouse died.

(e)  A penalty imposed under Subsection (d) does not apply if:

(1)  the exemption was granted by the appraisal district or board and not at the request or application of the property owner or the property owner’s agent;  or

(2)  at any time before the date the tax becomes delinquent, the property owner gives to the chief appraiser of the appraisal district in which the property is located written notice of circumstances that would disqualify the owner for the exemption.

Acts 1979, 66th Leg., p. 2290, ch. 841, Sec. 1, eff. Jan. 1, 1982.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 168, ch. 13, Sec. 127, eff. Jan. 1, 1982;  Acts 1991, 72nd Leg., ch. 836, Sec. 5.3, eff. Aug. 26, 1991;  Acts 1997, 75th Leg., ch. 906, Sec. 3, eff. Jan. 1, 1998;  Acts 1997, 75th Leg., ch. 1039, Sec. 33, eff. Jan. 1, 1998.

                  

Sec. 33.011.  WAIVER OF PENALTIES AND INTEREST.  (a)  The governing body of a taxing unit:

(1)  shall waive penalties and may provide for the waiver of interest on a delinquent tax if an act or omission of an officer, employee, or agent of the taxing unit or the appraisal district in which the taxing unit participates caused or resulted in the taxpayer’s failure to pay the tax before delinquency and if the tax is paid not later than the 21st day after the date the taxpayer knows or should know of the delinquency;

(2)  may waive penalties and provide for the waiver of interest on a delinquent tax if:

(A)  the property for which the tax is owed is acquired by a religious organization; and

(B)  before the first anniversary of the date the religious organization acquires the property, the organization pays the tax and qualifies the property for an exemption under Section 11.20 as evidenced by the approval of the exemption by the chief appraiser under Section 11.45; and

(3)  may waive penalties and provide for the waiver of interest on a delinquent tax if the taxpayer submits evidence showing that:

(A)  the taxpayer attempted to pay the tax before the delinquency date by mail;

(B)  the taxpayer mailed the tax payment to an incorrect address that in a prior tax year was the correct address for payment of the taxpayer’s tax;

(C)  the payment was mailed to the incorrect address within one year of the date that the former address ceased to be the correct address for payment of the tax; and

(D)  the taxpayer paid the tax not later than the 21st day after the date the taxpayer knew or should have known of the delinquency.

(b)  If a tax bill is returned undelivered to the taxing unit by the United States Postal Service, the governing body of the taxing unit shall waive penalties and interest if:

(1)  the taxing unit does not send another tax bill on the property in question at least 21 days before the delinquency date to the current mailing address furnished by the property owner and the property owner establishes that a current mailing address was furnished to the appraisal district by the property owner for the tax bill before September 1 of the year in which the tax is assessed;  or

(2)  the tax bill was returned because of an act or omission of an officer, employee, or agent of the taxing unit or the appraisal district in which the taxing unit participates and the taxing unit or appraisal district did not send another tax bill on the property in question at least 21 days before the delinquency date to the proper mailing address.

(c)  For the purposes of this section, a property owner is considered to have furnished a current mailing address to the taxing unit or to the appraisal district if the current address is expressly communicated to the appraisal district in writing or if the appraisal district received a copy of a recorded instrument transferring ownership of real property and the current mailing address of the new owner is included in the instrument or in accompanying communications or letters of transmittal.

(d)  A request for a waiver of penalties and interest under Subsection (a)(1) or (3), (b), (h), or (j) must be made before the 181st day after the delinquency date.  A request for a waiver of penalties and interest under Subsection (a)(2) must be made before the first anniversary of the date the religious organization acquires the property.  A request for a waiver of penalties and interest under Subsection (i) must be made before the 181st day after the date the property owner making the request receives notice of the delinquent tax that satisfies the requirements of Section 33.04(c).  To be valid, a waiver of penalties or interest under this section must be requested in writing.  If a written request for a waiver is not timely made, the governing body of a taxing unit may not waive any penalties or interest under this section.

(e)  Penalties and interest do not accrue during the period that a bill is not sent under Section 31.01(f).

(f)  A property owner is not entitled to relief under Subsection (b) of this section if the property owner or the owner’s agent furnished an incorrect mailing address to the appraisal district or the taxing unit or to an employee or agent of the district or unit.

(g)  Taxes for which penalties and interest have been waived under Subsection (b) of this section must be paid within 21 days of the property owner having received a bill for those taxes at the current mailing address.

(h)  The governing body of a taxing unit shall waive penalties and interest on a delinquent tax if:

(1)  the tax is payable by electronic funds transfer under an agreement entered into under Section 31.06(a);  and

(2)  the taxpayer submits evidence sufficient to show that:

(A)  the taxpayer attempted to pay the tax by electronic funds transfer in the proper manner before the delinquency date;

(B)  the taxpayer’s failure to pay the tax before the delinquency date was caused by an error in the transmission of the funds;  and

(C)  the tax was properly paid by electronic funds transfer or otherwise not later than the 21st day after the date the taxpayer knew or should have known of the delinquency.

(i)  The governing body of a taxing unit may waive penalties and interest on a delinquent tax that relates to a date preceding the date on which the property owner acquired the property if:

(1)  the property owner or another person liable for the tax pays the tax not later than the 181st day after the date the property owner receives notice of the delinquent tax that satisfies the requirements of Section 33.04(c); and

(2)  the delinquency is the result of taxes imposed on:

(A)  omitted property entered in the appraisal records as provided by Section 25.21;

(B)  erroneously exempted property or appraised value added to the appraisal roll as provided by Section 11.43(i); or

(C)  property added to the appraisal roll under a different account number or parcel when the property was owned by a prior owner.

(j)  The governing body of a taxing unit may waive penalties and interest on a delinquent tax if the taxpayer submits evidence sufficient to show that the taxpayer delivered payment for the tax before the delinquency date to:

(1)  the United States Postal Service for delivery by mail, but an act or omission of the postal service resulted in the taxpayer’s payment being postmarked after the delinquency date; or

(2)  a private delivery service for delivery, but an act or omission of the private carrier resulted in the taxpayer’s payment being received by the taxing unit after the delinquency date.

Added by Acts 1985, 69th Leg., ch. 769, Sec. 1, eff. June 14, 1985.  Amended by Acts 1989, 71st Leg., ch. 796, Sec. 31, eff. June 15, 1989;  Acts 1991, 72nd Leg., ch. 836, Sec. 5.1, eff. Aug. 26, 1991;  Acts 1993, 73rd Leg., ch. 926, Sec. 1, eff. Sept. 1, 1993, and redesignated from Tax Code Sec. 31.015 and amended by Acts 1995, 74th Leg., ch. 579, Sec. 11, eff. Jan. 1, 1996;  Acts 1999, 76th Leg., ch. 606, Sec. 2, eff. June 18, 1999;  Acts 1999, 76th Leg., ch. 817, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 768, Sec. 1, eff. June 30, 2001;  Acts 2003, 78th Leg., ch. 151, Sec. 2, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1126 (H.B. 2491), Sec. 15, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 413 (S.B. 1063), Sec. 1, eff. June 15, 2007.

Acts 2013, 83rd Leg., R.S., Ch. 967 (H.B. 1913), Sec. 1, eff. September 1, 2013.

Acts 2015, 84th Leg., R.S., Ch. 226 (H.B. 1933), Sec. 3, eff. September 1, 2015.

                  

Sec. 33.02.  INSTALLMENT PAYMENT OF DELINQUENT TAXES.  (a)  The collector for a taxing unit may enter into an agreement with a person delinquent in the payment of the tax for payment of the tax, penalties, and interest in installments.  The collector for a taxing unit shall, on request by a person delinquent in the payment of the tax on a residence homestead for which the property owner has been granted an exemption under Section 11.13, enter into an agreement with the person for payment of the tax, penalties, and interest in installments if the person has not entered into an installment agreement with the collector for the taxing unit under this section in the preceding 24 months.

(a-1)  An installment agreement under this section:

(1)  must be in writing;

(2)  must provide for payments to be made in monthly installments;

(3)  must extend for a period of at least 12 months if the property that is the subject of the agreement is a residence homestead for which the person entering into the agreement has been granted an exemption under Section 11.13; and

(4)  may not extend for a period of more than 36 months.

(b)  Except as provided by Subsection (b-1), interest and a penalty accrue as provided by Sections 33.01(a) and (c) on the unpaid balance during the period of the agreement.

(b-1)  Except as otherwise provided by this subsection, a penalty does not accrue as provided by Section 33.01(a) on the unpaid balance during the period of the agreement if the property that is the subject of the agreement is a residence homestead for which the property owner has been granted an exemption under Section 11.13.  If the property owner fails to make a payment as required by the agreement, a penalty accrues as provided by Section 33.01(a) on the unpaid balance as if the owner had not entered into the agreement.

(c)  A property owner’s execution of an installment agreement under this section is an irrevocable admission of liability for all taxes, penalties, and interest that are subject to the agreement.

(d)  Property may not be seized and sold and a suit may not be filed to collect a delinquent tax subject to an installment agreement unless the property owner:

(1)  fails to make a payment as required by the agreement;

(2)  fails to pay other property taxes collected by the unit when due as required by the collector;  or

(3)  breaches any other condition of the agreement.

(e)  Execution of an installment agreement tolls the limitation periods provided by Section 33.05 of this code for the period during which enforced collection is barred by Subsection (d) of this section.

(f)  The collector for a taxing unit must deliver a notice of default to a person who is in breach of an installment agreement under this section and to any other owner of an interest in the property subject to the agreement whose name appears on the delinquent tax roll before the collector may seize and sell the property or file a suit to collect a delinquent tax subject to the agreement.

Acts 1979, 66th Leg., p. 2290, ch. 841, Sec. 1, eff. Jan. 1, 1982.  Amended by Acts 1997, 75th Leg., ch. 906, Sec. 5, eff. Jan. 1, 1998.

Amended by:

Acts 2005, 79th Leg., Ch. 1126 (H.B. 2491), Sec. 16, eff. September 1, 2005.

Acts 2013, 83rd Leg., R.S., Ch. 935 (H.B. 1597), Sec. 2, eff. September 1, 2013.

Acts 2015, 84th Leg., R.S., Ch. 226 (H.B. 1933), Sec. 4, eff. September 1, 2015.

                  

Sec. 33.03.  DELINQUENT TAX ROLL.  Each year the collector for each taxing unit shall prepare a current and a cumulative delinquent tax roll for the unit.

Acts 1979, 66th Leg., p. 2290, ch. 841, Sec. 1, eff. Jan. 1, 1982.

                  

Sec. 33.04.  NOTICE OF DELINQUENCY.  (a) At least once each year the collector for a taxing unit shall deliver a notice of delinquency to each person whose name appears on the current delinquent tax roll.  However, the notice need not be delivered if:

(1)  a bill for the tax was not mailed under Section 31.01(f); or

(2)  the collector does not know and by exercising reasonable diligence cannot determine the delinquent taxpayer’s name and address.

(b)  A notice of delinquency under this section must contain the following statement in capital letters: “IF THE PROPERTY DESCRIBED IN THIS DOCUMENT IS YOUR RESIDENCE HOMESTEAD, YOU SHOULD CONTACT THE TAX COLLECTOR FOR (NAME OF TAXING UNIT) REGARDING A RIGHT YOU MAY HAVE TO ENTER INTO AN INSTALLMENT AGREEMENT DIRECTLY WITH THE TAX COLLECTOR FOR (NAME OF TAXING UNIT) FOR THE PAYMENT OF THESE TAXES.”

(c)  If the delinquency is the result of taxes imposed on property described by Section 33.011(i), the first page of the notice of delinquency must include, in 14-point boldfaced type or 14-point uppercase letters, a statement that reads substantially as follows: “THE TAXES ON THIS PROPERTY ARE DELINQUENT.  THE PROPERTY IS SUBJECT TO A LIEN FOR THE DELINQUENT TAXES.  IF THE DELINQUENT TAXES ARE NOT PAID, THE LIEN MAY BE FORECLOSED.”

Acts 1979, 66th Leg., p. 2290, ch. 841, Sec. 1, eff. Jan. 1, 1982.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 168, ch. 13, Sec. 128, eff. Jan. 1, 1982; Acts 1985, 69th Leg., ch. 761, Sec. 1, eff. Aug. 26, 1985;  Acts 1999, 76th Leg., ch. 1481, Sec. 16, eff. Jan. 1, 2000;  Acts 2001, 77th Leg., ch. 1430, Sec. 11, eff. Sept. 1, 2001.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 935 (H.B. 1597), Sec. 3, eff. September 1, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 967 (H.B. 1913), Sec. 2, eff. September 1, 2013.

Acts 2015, 84th Leg., R.S., Ch. 226 (H.B. 1933), Sec. 5, eff. September 1, 2015.

                  

Sec. 33.045.  NOTICE OF PROVISIONS AUTHORIZING DEFERRAL OR ABATEMENT.  (a)  A tax bill mailed by an assessor or collector under Section 31.01 and any written communication delivered to a property owner by an assessor or collector for a taxing unit or an attorney or other agent of a taxing unit that specifically threatens a lawsuit to collect a delinquent tax assessed against property that may qualify as a residence homestead shall contain the following explanation in capital letters:  “IF YOU ARE 65 YEARS OF AGE OR OLDER OR ARE DISABLED, AND YOU OCCUPY THE PROPERTY DESCRIBED IN THIS DOCUMENT AS YOUR RESIDENCE HOMESTEAD, YOU SHOULD CONTACT THE APPRAISAL DISTRICT REGARDING ANY ENTITLEMENT YOU MAY HAVE TO A POSTPONEMENT IN THE PAYMENT OF THESE TAXES”.

(b)  This section does not apply to a communication that relates to taxes that are the subject of pending litigation.

Added by Acts 2005, 79th Leg., Ch. 1126 (H.B. 2491), Sec. 18, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 31 (S.B. 456), Sec. 1, eff. September 1, 2007.

                  

Sec. 33.05.  LIMITATION ON COLLECTION OF TAXES.  (a)  Personal property may not be seized and a suit may not be filed:

(1)  to collect a tax on personal property that has been delinquent more than four years;  or

(2)  to collect a tax on real property that has been delinquent more than 20 years.

(b)  A tax delinquent for more than the limitation period prescribed by this section and any penalty and interest on the tax is presumed paid unless a suit to collect the tax is pending.

(c)  If there is no pending litigation concerning the delinquent tax at the time of the cancellation and removal, the collector for a taxing unit shall cancel and remove from the delinquent tax roll:

(1)  a tax on real property that has been delinquent for more than 20 years;

(2)  a tax on personal property that has been delinquent for more than 10 years;  and

(3)  a tax on real property that has been delinquent for more than 10 years if the property has been owned for at least the preceding eight years by a home-rule municipality in a county with a population of more than 3.3 million.

Acts 1979, 66th Leg., p. 2291, ch. 841, Sec. 1, eff. Jan. 1, 1982.  Amended by Acts 1991, 72nd Leg., ch. 836, Sec. 5.4, eff. Aug. 26, 1991;  Acts 1997, 75th Leg., ch. 63, Sec. 1, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 669, Sec. 119, eff. Sept. 1, 2001.

                  

Sec. 33.06.  DEFERRED COLLECTION OF TAXES ON RESIDENCE HOMESTEAD OF ELDERLY OR DISABLED PERSON.  (a)  An individual is entitled to defer collection of a tax, abate a suit to collect a delinquent tax, or abate a sale to foreclose a tax lien if the individual:

(1)  is 65 years of age or older or is disabled as defined by Section 11.13(m);  and

(2)  the tax was imposed against property that the individual owns and occupies as a residence homestead.

(b)  To obtain a deferral, an individual must file with the chief appraiser for the appraisal district in which the property is located an affidavit stating the facts required to be established by Subsection (a). The chief appraiser shall notify each taxing unit participating in the district of the filing.  After an affidavit is filed under this subsection, a taxing unit may not file suit to collect delinquent taxes on the property and the property may not be sold at a sale to foreclose the tax lien until the 181st day after the date the individual no longer owns and occupies the property as a residence homestead.

(c)  To obtain an abatement of a pending suit, the individual must file in the court in which suit is pending an affidavit stating the facts required to be established by Subsection (a). If no controverting affidavit is filed by the taxing unit filing suit or if, after a hearing, the court finds the individual is entitled to the deferral, the court shall abate the suit until the 181st day after the date the individual no longer owns and occupies the property as a residence homestead.  The clerk of the court shall deliver a copy of the judgment abating the suit to the chief appraiser of each appraisal district that appraises the property.

(c-1)  To obtain an abatement of a pending sale to foreclose the tax lien, the individual must deliver an affidavit stating the facts required to be established by Subsection (a) to the chief appraiser of each appraisal district that appraises the property, the collector for the taxing unit that requested the order of sale or the attorney representing that unit for the collection of delinquent taxes, and the officer charged with selling the property not later than the fifth day before the date of the sale.  After an affidavit is delivered under this subsection, the property may not be sold at a tax sale until the 181st day after the date the individual no longer owns and occupies the property as a residence homestead.  If property is sold in violation of this section, the property owner may file a motion to set aside the sale under the same cause number and in the same court as a judgment reference in the order of sale.  The motion must be filed during the applicable redemption period as set forth in Section 34.21(a) or, if the property is bid off to a taxing entity, on or before the 180th day following the date the taxing unit’s deed is filed of record, whichever is later.  This right is not transferable to a third party.

(d)  A tax lien remains on the property and interest continues to accrue during the period collection of taxes is deferred or abated under this section.  The annual interest rate during the deferral or abatement period is eight percent instead of the rate provided by Section 33.01.  Interest and penalties that accrued or that were incurred or imposed under Section 33.01 or 33.07 before the date the individual files the deferral affidavit under Subsection (b) or the date the judgment abating the suit is entered, as applicable, are preserved.  A penalty under Section 33.01 is not incurred during a deferral or abatement period.  The additional penalty under Section 33.07 may be imposed and collected only if the taxes for which collection is deferred or abated remain delinquent on or after the 181st day after the date the deferral or abatement period expires.  A plea of limitation, laches, or want of prosecution does not apply against the taxing unit because of deferral or abatement of collection as provided by this section.

(e)  Each year the chief appraiser for each appraisal district shall publicize in a manner reasonably designed to notify all residents of the district or county of the provisions of this section and, specifically, the method by which eligible persons may obtain a deferral or abatement.

(f)  Notwithstanding the other provisions of this section, if an individual who qualifies for a deferral or abatement of collection of taxes on property as provided by this section dies, the deferral or abatement continues in effect until the 181st day after the date the surviving spouse of the individual no longer owns and occupies the property as a residence homestead if:

(1)  the property was the residence homestead of the deceased spouse when the deceased spouse died;

(2)  the surviving spouse was 55 years of age or older when the deceased spouse died;  and

(3)  the property was the residence homestead of the surviving spouse when the deceased spouse died.

(g)  If the ownership interest of an individual entitled to a deferral under this section is a life estate, a lien for the deferred tax attaches to the estate of the life tenant, and not to the remainder interest, if the owner of the remainder is an institution of higher education that has not consented to the deferral.  In this subsection, “institution of higher education” has the meaning assigned by Section 61.003, Education Code.  This subsection does not apply to a deferral for which the individual entitled to the deferral filed the affidavit required by Subsection (b) before September 1, 2011.

Acts 1979, 66th Leg., p. 2291, ch. 841, Sec. 1, eff. Jan. 1, 1982.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 168, ch. 13, Sec. 129, eff. Jan. 1, 1982;  Acts 1989, 71st Leg., ch. 793, Sec. 1, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 1039, Sec. 35, eff. Jan. 1, 1998;  Acts 2001, 77th Leg., ch. 892, Sec. 1, 2, eff. June 14, 2001;  Acts 2001, 77th Leg., ch. 1430, Sec. 12, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 754, Sec. 1, 2, eff. Sept. 1, 2003.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1049 (S.B. 5), Sec. 4.05, eff. June 17, 2011.

                  

Sec. 33.065.  DEFERRED COLLECTION OF TAXES ON APPRECIATING RESIDENCE HOMESTEAD.  (a)  An individual is entitled to defer or abate a suit to collect a delinquent tax imposed on the portion of the appraised value of property the individual owns and occupies as the individual’s residence homestead that exceeds the sum of:

(1)  105 percent of the appraised value of the property for the preceding year;  and

(2)  the market value of all new improvements to the property.

(b)  An individual may not obtain a deferral or abatement under this section, and any deferral or abatement previously received expires, if the taxes on the portion of the appraised value of the property that does not exceed the amount provided by Subsection (a) are delinquent.

(c)  To obtain a deferral, an individual must file with the chief appraiser for the appraisal district in which the property is located an affidavit stating the facts required to be established by Subsection (a).  The chief appraiser shall notify each taxing unit participating in the district of the filing.  After an affidavit is filed under this subsection, a taxing unit may not file suit to collect delinquent taxes on the property for which collection is deferred until the individual no longer owns and occupies the property as a residence homestead.

(d)  To obtain an abatement, the individual must file in the court in which the delinquent tax suit is pending an affidavit stating the facts required to be established by Subsection (a).  If the taxing unit that filed the suit does not file a controverting affidavit or if, after a hearing, the court finds the individual is entitled to the deferral, the court shall abate the suit until the individual no longer owns and occupies the property as the individual’s residence homestead.  The clerk of the court shall deliver a copy of the judgment abating the suit to the chief appraiser of each appraisal district that appraises the property.

(e)  A deferral or abatement under this section applies only to ad valorem taxes imposed beginning with the tax year following the first tax year the individual entitled to the deferral or abatement qualifies the property for an exemption under Section 11.13.  For purposes of this subsection, the owner of a residence homestead that is qualified for an exemption under Section 11.13 on January 1, 1998, is considered to have qualified the property for the first time in the 1997 tax year.

(f)  If the collection of delinquent taxes on the property was deferred in a prior tax year and the sum of the amounts described by Subsections (a)(1) and (2) exceeds the appraised value of the property for the current tax year, the amount of taxes the collection of which may be deferred is reduced by the amount calculated by multiplying the taxing unit’s tax rate for the current year by the amount by which that sum exceeds the appraised value of the property.

(g)  A tax lien remains on the property and interest continues to accrue during the period collection of delinquent taxes is deferred or abated under this section.  The annual interest rate during the deferral or abatement period is eight percent instead of the rate provided by Section 33.01.  Interest and penalties that accrued or that were incurred or imposed under Section 33.01 or 33.07 before the date the individual files the deferral affidavit under Subsection (c) or the date the judgment abating the suit is entered, as applicable, are preserved.  A penalty is not incurred on the delinquent taxes for which collection is deferred or abated during a deferral or abatement period.  The additional penalty under Section 33.07 may be imposed and collected only if the delinquent taxes for which collection is deferred or abated remain delinquent on or after the 91st day after the date the deferral or abatement period expires.  A plea of limitation, laches, or want of prosecution does not apply against the taxing unit because of deferral or abatement of collection as provided by this section.

(h)  Each year the chief appraiser for each appraisal district shall publicize in a manner reasonably designed to notify all residents of the county for which the appraisal district is established of the provisions of this section and, specifically, the method by which an eligible person may obtain a deferral.

(i)  In this section:

(1)  “New improvement” means an improvement to a residence homestead that is made after the appraisal of the property for the preceding year and that increases the market value of the property.  The term does not include ordinary maintenance of an existing structure or the grounds or another feature of the property.

(2)  “Residence homestead” has the meaning assigned that term by Section 11.13.

Added by Acts 1997, 75th Leg., ch. 1039, Sec. 36, eff. Jan. 1, 1998.  Amended by Acts 2001, 77th Leg., ch. 1430, Sec. 13, eff. Sept. 1, 2001.

                  

Sec. 33.07.  ADDITIONAL PENALTY FOR COLLECTION COSTS FOR TAXES DUE BEFORE JUNE 1.  (a)  A taxing unit or appraisal district may provide, in the manner required by law for official action by the body, that taxes that become delinquent on or after February 1 of a year but not later than May 1 of that year and that remain delinquent on July 1 of the year in which they become delinquent incur an additional penalty to defray costs of collection, if the unit or district or another unit that collects taxes for the unit has contracted with an attorney pursuant to Section 6.30. The amount of the penalty may not exceed the amount of the compensation specified in the contract with the attorney to be paid in connection with the collection of the delinquent taxes.

(b)  A tax lien attaches to the property on which the tax is imposed to secure payment of the penalty.

(c)  If a penalty is imposed pursuant to this section, a taxing unit may not recover attorney’s fees in a suit to collect delinquent taxes subject to the penalty.

(d)  If a taxing unit or appraisal district provides for a penalty under this section, the collector shall deliver a notice of delinquency and of the penalty to the property owner at least 30 and not more than 60 days before July 1.

Added by Acts 1981, 67th Leg., 1st C.S., p. 168, ch. 13, Sec. 130, eff. Jan. 1, 1982.  Amended by Acts 1999, 76th Leg., ch. 1481, Sec. 17, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1430, Sec. 14, eff. Sept. 1, 2001.

                  

Sec. 33.08.  ADDITIONAL PENALTY FOR COLLECTION COSTS FOR TAXES DUE ON OR AFTER JUNE 1.  (a)  This section applies to a taxing unit or appraisal district only if:

(1)  the governing body of the taxing unit or appraisal district has imposed the additional penalty for collection costs under Section 33.07;  and

(2)  the taxing unit or appraisal district, or another taxing unit that collects taxes for the unit, has entered into a contract with an attorney under Section 6.30 for the collection of the unit’s delinquent taxes.

(b)  The governing body of the taxing unit or appraisal district, in the manner required by law for official action, may provide that taxes that become delinquent on or after June 1 under Section 26.07(f), 26.15(e), 31.03, 31.031, 31.032, 31.04, or 42.42 incur an additional penalty to defray costs of collection.  The amount of the penalty may not exceed the amount of the compensation specified in the applicable contract with an attorney under Section 6.30 to be paid in connection with the collection of the delinquent taxes.

(c)  After the taxes become delinquent, the collector for a taxing unit or appraisal district that has provided for the additional penalty under this section shall send a notice of the delinquency and the penalty to the property owner.  The penalty is incurred on the first day of the first month that begins at least 21 days after the date the notice is sent.

(d)  A tax lien attaches to the property on which the tax is imposed to secure payment of the additional penalty.

(e)  A taxing unit or appraisal district that imposes the additional penalty under this section may not recover attorney’s fees in a suit to collect delinquent taxes subject to the penalty.

Added by Acts 1999, 76th Leg., ch. 1481, Sec. 18, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1430, Sec. 15, eff. Sept. 1, 2001.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 704 (H.B. 499), Sec. 1, eff. June 17, 2011.

                  

Sec. 33.10.  RESTRICTED OR CONDITIONAL PAYMENTS OF DELINQUENT TAXES, PENALTIES, AND INTEREST PROHIBITED.  Unless the restriction or condition is authorized by this title, a restriction or condition placed on a check in payment of delinquent taxes by the maker that purports to limit the amount of delinquent taxes owed to an amount less than that stated in the applicable delinquent tax roll, or a restriction or condition placed on a check in payment of penalties and interest on delinquent taxes by the maker that purports to limit the amount of the penalties and interest to an amount less than the amount of penalties and interest accrued on the delinquent taxes, is void.

Added by Acts 2003, 78th Leg., ch. 651, Sec. 1, eff. June 20, 2003.

                  

Sec. 33.11.  EARLY ADDITIONAL PENALTY FOR COLLECTION COSTS FOR TAXES IMPOSED ON PERSONAL PROPERTY.  (a)  In order to defray costs of collection, the governing body of a taxing unit or appraisal district in the manner required by law for official action may provide that taxes imposed on tangible personal property that become delinquent on or after February 1 of a year incur an additional penalty on a date that occurs before July 1 of the year in which the taxes become delinquent if:

(1)  the taxing unit or appraisal district or another unit that collects taxes for the unit has contracted with an attorney under Section 6.30; and

(2)  the taxes on the personal property become subject to the attorney’s contract before July 1 of the year in which the taxes become delinquent.

(b)  A penalty imposed under Subsection (a) is incurred by the delinquent taxes on the later of:

(1)  the date those taxes become subject to the attorney’s contract; or

(2)  60 days after the date the taxes become delinquent.

(c)  The amount of the penalty may not exceed the amount of the compensation specified in the contract with the attorney to be paid in connection with the collection of the delinquent taxes.

(d)  A tax lien attaches to the property on which the tax is imposed to secure payment of the penalty.

(e)  If a penalty is provided under this section, a taxing unit or appraisal district may not:

(1)  recover attorney’s fees in a suit to collect delinquent taxes subject to the penalty; or

(2)  impose an additional penalty under Section 33.07 on a delinquent personal property tax.

(f)  If the governing body of a taxing unit or appraisal district provides for a penalty under this section, the collector for the taxing unit or appraisal district shall send a notice of the penalty to the property owner.  The notice shall state the date on which the penalty is incurred, and the tax collector shall deliver the notice at least 30 and not more than 60 days before that date.  If the amount of personal property tax, penalty and interest owed to all taxing units for which the tax collector collects exceeds $10,000 on a single account identified by a unique property identification number, the notice regarding that account must be delivered by certified mail, return receipt requested.  All other notices under this section may be delivered by regular first-class mail.

(g)  The authority granted to taxing units and appraisal districts under this section is to be construed as an alternative, with regards to delinquent personal property taxes, to the authority given by Section 33.07.

Added by Acts 2005, 79th Leg., Ch. 1126 (H.B. 2491), Sec. 19, eff. September 1, 2005.

Return to: Texas Property Tax code Table of contents

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