NEW PROPERTY TAX LEGISLATION

2007

© John Brusniak, Jr 2007

CONSTITUTIONAL AMENDMENTS

House Joint Resolution 40. (Effective November 6, 2007).

The taxable value of a residential homestead may not be increased by more than 10% from its appraised value in the prior tax year.

House Joint Resolution 54. (Effective retroactively to January 1, 2007).

The legislature may exempt from taxation one motor vehicle owned by an individual that is used in that person’s occupation or profession if the vehicle is also used for the personal activities of the owner and those activities do not involve the production of income.

Senate Joint Resolution 13. (Effective May 12, 2007).

The legislature may retroactively lower the school district tax freeze ceiling for the elderly and disabled for the 2007 tax year to reflect reductions in the tax rate previously implemented for the 2006 tax year.

Senate Joint Resolution 29. (Effective January 1, 2008).

The legislature may exempt all or part of the appraised value of a homestead of a totally disabled military veteran.

Senate Joint Resolution 44. (Effective January 1, 2008).

A city with a population of less than 10,000 may freeze the property taxes for five years of real property that is located in or adjacent to an area that has qualified as for a Downtown Revitalization Program or a Main Street Improvements Program.

NEW LEGISLATION

House Bills

House Bill 2. (Effective September 1, 2007).

The legislature appropriates $6.956 billion for fiscal year 2008 and $7.234 billion for fiscal year 2009 to fund a reduction in the school district property tax rate.

House Bill 5. (Effective May 12, 2007).

The 2007 school district property tax applicable to property previously qualified for an over 65 or disabled tax freeze is decreased to reflect the tax rate reductions implemented for the 2006 tax year by the legislature.

House Bill 35. (Effective May 25, 2007).

A chief appraiser’s compensation may not be directly or indirectly linked to increases in the total market, appraised or taxable value of property in the appraisal district.

House Bill 41. (Effective September 1, 2007).

State and federal judges may elect to restrict access to their residential addresses from the public portions of the appraisal roll.

House Bill 264. (Effective generally January 1, 2008).

Rendition forms are to include a box which may be checked by a taxpayer to reflect that the most recent prior tax year rendition is accurate with respect to the current tax year. If applicable, a taxpayer may check this box and provide no further data to the chief appraiser.

House Bill 316. (Effective January 1, 2008).

A taxable leasehold estate is not created if a property is part of a rail facility owned by a rural rail transportation district or if a property is part of a public transportation facility owned by a county.

House Bill 387. (Effective June 16, 2007).

The exemption from taxable leasehold status for property owned by the Texas National Research Laboratory Commission (i.e, the defunct superconducting supercollider project) is repealed.

House Bill 402. (Effective September 1, 2007).

It is a Class C misdemeanor for a chief appraiser and a member of an appraisal district board of directors to communicate about an appraisal of property by an appraisal district except in an open meeting of the appraisal district board of directors or other public forum or in a closed meeting of the board of directors with the board’s attorney regarding pending litigation. Routine communications between a chief appraiser and a county tax assessor-collector are exempted from this provision.

House Bill 438. (Effective November 6, 2007).

Other than to include new improvements, the taxable value of a residential homestead may not be increased by more than 10% from its appraised value in the prior tax year.

House Bill 455. (Effective September 1, 2007).

Criminal community supervision officers and employees may elect in writing to delete their home addresses from the public portions of the appraisal roll.

House Bill 470. (Effective September 1, 2007).

Counties are allowed to participate in Homestead Preservation Districts. Affordable housing is defined as property located in a district in which households earn 70% or less of the area median family income. A city creating a district may dissolve it by ordinance, and in that event, the city shall succeed to the assets of the district. Any conflicts between this Act and Chapter 311 of the Tax Code are to be resolved in favor of the provisions of the Act. The creation of a district automatically results in the creation of a contiguous Tax Increment Financing Zone and Enterprise Zone.

House Bill 538. (Effective January 1, 2008).

The appraisal district board of directors in a county with a population of 1,000,000 or greater may postpone the certification of an appraisal roll to as late as August 30 or alternatively, it may provide that the appraisal records be certified if the chief appraiser determines that the appraised value of the undetermined protests does not exceed 10% of the total appraised value of all other taxable properties.

Upon request, filed prior to the date of an appraisal review board hearing, a taxpayer (not represented by a tax agent) shall have the right to postpone a hearing, on a one time basis, without demonstrating any cause. The maximum length of a postponement shall be 30 days. Subsequent postponements requested by property owners, and initial requests by tax agents, may be granted upon a showing of reasonable cause. Continuance requests by property owners may be made in writing, by fax, by e-mail, by phone or in person to an appraisal review board panel, appraisal review board chairman, or a full appraisal review board. The chairman of an appraisal review board may grant a postponement request. Only the entire board may deny a continuance request.

House Bill 604. (Effective January 1, 2008).

Land that is currently principally devoted to the degree of intensity generally accepted in the area to the protection of endangered species under a federal permit, or that is being used as a conservation or restoration project to provide compensation for natural resource damages under the Comprehensive, Environmental Response, Compensation and Liability Act of 1980, the Oil Pollution Act of 1990 or the Federal Water Pollution Act is entitled to open space land valuation regardless of the manner in which the land was used in any preceding year.

House Bill 621. (Effective January 1, 2008).

A “goods in transit” exemption is created. It applies to property acquired inside or outside the state of Texas and forwarded to a location inside or outside the state within 175 days. To qualify, the goods must be detained at a location, not owned by the owner of the goods, for purposes of assembling, storing, manufacturing, processing or fabricating by the person who acquired the goods or brought them into the state. It does not apply to oil, natural gas, petroleum products, aircraft, dealer’s motor vehicle inventories, dealer’s vessel and outboard motor inventories, heavy equipment inventories or retail manufactured housing inventories. Equipment, machinery, and materials which are added to the goods, but which themselves were not “goods in transit,” are not entitled to the exemption. The percentage of a person’s inventory which constitutes “goods in transit” is to be subtracted from the valuation of the person’s overall inventory valuation. If the percentage methodology does not accurately reflect the percentage of “goods in transit” an alternate method may be used. A taxing entity may elect to opt out of this exemption. A party claiming this exemption is not entitled to claim a Freeport exemption on the same goods.

House Bill 923. (Effective September 1, 2007).

If a tax assessor mails a tax bill to a mortgagee, the assessor is not required to mail a copy of the bill to the mortgagor or the mortgagor’s agent.

House Bill 967. (Effective June 16, 2007).

If the Texas Animal Health Commission orders a temporary quarantine of agricultural or open-space property for the purpose of eradication of ticks, the owner of the property may apply for an immediate temporary reappraisal of the restricted valuation of the property. The appraisal district shall reappraise the property to take into account the impact of the tick infestation and may not charge the cost of the reappraisal to the property owner. Taxes shall be prorated in the year of reappraisal as of the date of the quarantine to take into account the new appraisal, and the new appraisal shall remain in effect for as long as the quarantine remains in place.

House Bill 989. (Effective September 1, 2007).

A plat, replat or amended plat or a condominium may not be filed unless proof of payment of all current and prior year property taxes is attached to the plat.

House Bill 1010. (Effective January 1, 2008).

An appraisal district’s boundaries shall be contiguous with those of the county in which it is located. By interlocal agreement, two or more appraisal districts may consolidate into one appraisal district. All provisions for overlapping jurisdictions and appraisals are repealed. If real property is located in two or more counties, the chief appraisers of those counties shall coordinate their appraisals to ensure that the entire property is appraised at its market value.

House Bill 1022. (Effective retroactively to January 1, 2007).

Upon application, one passenger vehicle, or light truck, used in the course of an individual’s occupation or profession and also used for personal activities not involving the production of income may be exempted from taxation. Motor vehicles used to transport passengers for hire may not be exempted. Once an exemption has been granted for a vehicle, a person may not obtain an exemption for another vehicle until the exemption for the first vehicle has been denied.

House Bill 1141. (Effective June 16, 2007).

Current or former employees of a district attorney, criminal district attorney, or a county or municipal attorney whose jurisdiction includes any criminal law or child protective services matters and current or former peace officers may elect to restrict access to their residential addresses from the public portions of the appraisal roll.

House Bill 1210. (Effective June 16, 2007).

The three year statute of limitations for obtaining refunds of erroneously paid property taxes may be extended by the governing body of a taxing unit up to two years upon a showing of good cause by a taxpayer. This provision does not apply to a change of exemption status or correction of a tax roll to which Sections 26.15 or 42.43 of the Tax Code apply.

House Bill 1460. (Effective January 1, 2008).

Manufactured home owners may obtain a homestead exemption if a photostatic copy of their current title page is displayed on the website of the Texas Department of Housing and Community Affairs. A homestead exemption may be claimed even if a taxpayer elects to treat a manufactured home as personal property. Tax assessors, shall upon the request of an owner, establish an escrow account for the payment of taxes on their homes. Tax liens on manufactured homes may be recorded up to six months after the end of the tax year for which taxes are owed. A properly recorded lien may not be enforced against a purchaser who purchased a home from a retailer in the ordinary course of business. A person may not transfer ownership to a manufactured home until all properly recorded liens, and until all personal property taxes accrued in the preceding 18 months, are paid. Unless a tax lien has been properly filed, a tax warrant may not be issued for the seizure of a manufactured home. A taxpayer may designate in writing which tax year will be credited with a particular payment. Manufactured homes erroneously omitted from the appraisal roll during the preceding two tax years may have lien affidavits filed within 150 days after the date on which the applicable taxes become delinquent. If taxes have not been levied for a tax year, a taxing unit shall provide, on request, an estimate of the taxes to be imposed and any payments made shall be held in escrow pending the imposition of the tax. The tax office shall notify the purchaser that the purchaser may be liable for any additional tax which may accrue once the appraisal roll is certified for that tax year.

House Bill 1470. (Effective generally September 1, 2007).

The provisions of the Texas Economic Development Act are extended through December 31, 2011. Persons seeking tax limitations from school districts under the Texas Economic Development Act shall deliver three copies of their applications to the Comptroller and request that the Comptroller provide an evaluation of the impact of the request to the affected school district. The Comptroller may subcontract this work to third parties and shall provide the analyses to the school districts as soon as practicable. The Comptroller may charge a fee to cover the cost of this work. The Comptroller shall provide a copy of any application to the Texas Education Agency, and upon request from the Agency a school district shall provide it with any requested information. The Texas Education Agency shall, within 45 days of receipt of the application, provide a report to the Comptroller of the anticipated effect on the infrastructure and educational facilities if the proposed development occurs. A school district may waive the new jobs creation requirement contained in the Act if the school district determines that the jobs creation requirement exceeds the industry standard for the number of employees reasonably necessary for the operation of the proposed facility.

House Bill 1472. (Effective May 25, 2007).

A city may not annex an area unless it first offers an agreement to owners of property which is subject to agricultural, timber or wildlife management valuation that would guarantee continuation of those properties’ extraterritorial status and authorize the enforcement of regulations that do not interfere with such use. If a property owner refuses to enter into such an agreement, a city may proceed with its annexation plans. A development agreement, under this section, shall become void if a landowner files a subdivision plat or related development document with a governmental entity that has jurisdiction over the area.

House Bill 1498. (Effective June 16, 2007).

A groundwater conservation district is created in Panola County. It may assess ad valorem taxes up to a rate of 1.5¢ per $100 of value.

House Bill 1680. (Effective June 16, 2007).

A chief appraiser may not appeal an order of an appraisal review board to district court if the value of the property is less than $1 million, unless the board of directors of the appraisal district approves the appeal in writing based upon an allegation of taxpayer fraud or misrepresentation. Before proceeding with a case, a district court must review the allegations of fraud or misrepresentation. If the court does not find, by a preponderance of the evidence, that fraud or misrepresentation occurred, the court must dismiss the appeal and award court costs and reasonable attorney’s fees to the taxpayer.

If a taxpayer elects to tender an undisputed amount of taxes due, as part of an appeal, the taxpayer must notify the tax office, in writing, of the proposed amount the taxpayer intends to pay.

House Bill 1742. (Effective September 1, 2007).

Property owned by organizations acquiring, holding, or transferring unimproved real property under an urban land bank demonstration program, as or on behalf of a land bank or under a land bank qualifies for exemption.

House Bill 1899. (Effective September 1, 2007).

A city with a population in excess of 100,000 and that is situated in two or more counties, at least two of which have a population in excess of 1,000,000, may collect taxes which are five or more years delinquent on properties located in subdivisions having an average lot size of one-fifth acre or less, by accumulating multiple lots into one suit. Upon the request of a taxing unit, the court shall order the properties to be sold at foreclosure together; however, the lots may subsequently be separately redeemed. This provision expires on September 1, 2017.

House Bill 1910. (Effective September 1, 2007).

A tax assessor may seize personal property prior to delinquency if it is about to be sold in a liquidation sale conducted in connection with the cessation of a business.

House Bill 1928. (Effective January 1, 2009).

Exempt travel trailers are defined as units designed primarily as temporary living quarters used for recreational, camping, travel or seasonal use. They must be built on a single chassis mounted on wheels, have a gross trailer area in a set up mode of 400 square feet or less, and be certified by the manufacturer as complying with American Standards Institute Standard A119.5.

House Bill 2092. (Effective June 16, 2007).

Notwithstanding other statutory provisions, a city may designate an area as a reinvestment zone for purposes of tax increment financing if the zone authorizes a portion of the property to be used in connection with an existing or planned regional rail system, or if the property is otherwise beneficial to such a rail system.

House Bill 2138. (Effective September 1, 2007).

To make tax lien loans, a person must be specifically licensed to do so by the Texas Finance Commission. Banks, savings & loans, credit unions and their employees are exempt from the registration provisions of this section, as are individuals making loans to spouses, former spouses, and persons in consanguinity with a lender, and also exempt are persons making five or less such loans in a twelve month period. All tax lien loan documents filed with a tax assessor must include a licensee’s registration number. Licensing fees and standards for qualification and termination of licenses are established.

House Bill 2188. (Effective June 16, 2007).

Information related to real property sales prices, real property descriptions and characteristics and other related information which an appraisal district or the Comptroller receives from a private entity is exempted from disclosure under the Public Information Act. Notwithstanding this provision, an appraisal district must disclose such information if it is sought in connection with an appraisal review board hearing pursuant to Section 41.461(a)(2) of the Texas Tax Code and an appraisal district is required to provide all information that the chief appraiser considered in valuing a property, but which the chief appraiser does not plan to introduce at the hearing. Additionally, a property owner or a property owner’s agent may obtain from the chief appraiser comparable sales data that is relevant to any matter to be determined by an appraisal review board at the hearing on a taxpayer’s property. Such disclosed information remains confidential in the hands of the property owner and the property owner’s agent and it may not be disclosed for any purpose except as evidence or argument at the protest hearing. Property owners, school districts and appraisal districts may similarly obtain data from the Comptroller for property that is being challenged for purposes of the school finance study. Such data remains confidential in the hands of the person to whom it has been disclosed.

House Bill 2352. (Effective September 1, 2007).

Registered property tax consultants may be employed by, or may be affiliated with either registered senior property tax consultants or with attorneys licensed to practice law in Texas. An attorney wishing to sponsor a registered property tax consultant must take the senior property tax registration examination. An attorney is not otherwise required to comply with any other provision of the licensing act.

House Bill 2442. (Effective June 16, 2007).

A municipal utility district is established in Collin County with the power to impose taxes.

House Bill 2734. (Effective June 16, 2007).

A municipal utility district is established in Williamson County with the power to impose taxes.

House Bill 2782. (Effective September 1, 2007).

A municipal utility district is established in Liberty County with the power to impose taxes.

House Bill 2982. (Effective January 1, 2008).

Portable drilling rigs are taxable in the appraisal district where they were located for the entire preceding calendar year; otherwise, they are taxable at the taxpayer’s principal place of business unless the taxpayer opts to render them to a taxing unit in which they were located on January 1. If an owner renders any drilling rig to an appraisal district where that rig was located on January 1, then all of that taxpayer’s rigs are taxable in the appraisal district in which they were located on January 1. If a taxpayer does not have a place of business in the state of Texas, the taxpayer’s drilling rigs are taxable in the taxing unit where they were located on January 1.

In calculating the appraised value of any real property interests in oil and gas in place, a chief appraiser is required to multiply the average oil and gas price for the interest being appraised by a market condition factor. The Comptroller is required to calculate market condition factors by dividing the current calendar-year statewide average price for oil and gas (used for state budget forecasting purposes) by the preceding calendar-year statewide average price for oil and gas (used for state budget forecasting purposes). The Comptroller publishes these results.

House Bill 2994. (Effective generally June 16, 2007).

Taxing units may enter into tax limitation agreements under the Texas Economic Development Act with taxpayers constructing nuclear power facilities, coal gasification facilities and carbon-based feedstock gasification facilities. Tangible personal property placed into service after January 1, 2002 qualifies for tax limitation. The agreements may not exceed ten years in length, however, the commencement date for nuclear facilities agreements may be delayed up to seven years.

House Bill 3024. (Effective September 1, 2007).

If a person protesting a chief appraiser’s valuation of a property valued at $1,000,000 or less files a sworn copy of an appraisal report at least 14 days before an appraisal review board hearing, the chief appraiser is required to produce clear and convincing evidence to the contrary. If the chief appraiser fails to do so, the protest must be determined in the taxpayer’s favor. To qualify, a report must have been prepared by a state certified appraiser, contain the appraiser’s name and address, describe the subject property, state that the valuation was as of January 1 of the current tax year, that the report was done under a method required or authorized by Chapter 23 of the Tax Code, that the appraisal was done in conformity with USPAP, and that the appraisal was prepared within 180 days of the date of the appraisal review board hearing. The filing of a fraudulent appraisal report constitutes a Class B misdemeanor.

House Bill 3038. (Effective September 1, 2007).

Neither a chief appraiser, nor any other person performing appraisal services for compensation for an appraisal district, is eligible to serve as an appraisal district’s taxpayer liaison.

House Bill 3182. (Effective September 1, 2007).

A municipal utility district is established in Denton County with the power to impose taxes.

House Bill 3191. (Effective January 1, 2008.)

Taxing units in counties with a population of 1.4 million or greater may limit the exemption under Section 11.1825 of the Tax Code for rented, rehabilitated low-income housing to 50% of their appraised value. The exemption for such property held for sale is 100%.

House Bill 3195. (Effective September 1, 2007).

Proposed budgets for cities and counties and public notices for public hearings on budget increases caused by additional property tax revenue must specify both the dollar amount of the budgetary increase and the percentage rate increase in 18 point type. Cities and counties with web sites must post a copy of their budget online. The public bodies of these entities must also specifically vote to ratify a budgetary increase.

House Bill 3232. (Effective June 16, 2007).

Plats and replats of golf course properties may not be filed of record unless a tax certificate is attached showing that no property taxes are outstanding.

House Bill 3492. (Effective June 16, 2007).

In conducting its annual school district ratio study, the Comptroller shall determine the appropriate taxable value of each school district by taking into account the impact of taxpayer protests brought under the equity provisions of the Tax Code, appropriately adjusted.

House Bill 3495. (Effective January 1, 2008).

Taxing units wishing to increase their tax rates must hold two public hearings. The published hearing notice must provide: (a) the total revenue raised by last year’s levy based on last year’s tax rate; (b) the total revenue to be raised by this year’s proposed tax rate, exclusive of new property; (c) the total revenue to be raised by this year’s proposed tax rate, inclusive of new property; and (d) the date, time and location of the two public hearings.

House Bill 3496. (Effective January 1, 2008).

Notices of appraised value for residential homesteads must be mailed by April 1. All other notices must be mailed by May 1 or as soon thereafter as practicable. Homestead owners must file their notices of protest before May 1 or within 30 days after delivery of a notice of appraised value, whichever is later. However, homestead owners who file their notices of protest prior to June 1 are entitled to a hearing before the appraisal review board certifies an appraisal roll.

The filing date, and tax tender date, for purposes of complaining to an appraisal review board of the failure of an appraisal district to deliver a statutorily required notice to a taxpayer is extended to 125 days after the date on which any taxing unit first delivered written notice that taxes were due on the property.

For the 2007 tax year, school districts are required to state in their tax bills, the amount of maintenance and operations tax which would have been imposed on the property for 2007 based on the 2005 tax rate, the amount actually billed for that year and the differential with a statement attributing the difference to the tax relief granted by the legislature.

House Bill 3514. (Effective June 16, 2007).

The Department of Public Safety shall provide without charge to all chief appraisers a copy of its driver’s license and personal identification certificate records or information relating to the name, date of birth, driver’s license or personal identification certificate numbers and most recent addresses of all persons contained in its records. The information transmitted may not contain social security numbers, accident information or criminal conviction data. Chief appraisers shall automatically approve all over-65 exemptions and benefits based on this information.

House Bill 3630. (Effective January 1, 2008).

Property adjoining open space or agricultural land which is owned by the same person, a spouse of that person, a relative or a related legal entity shall be valued as if it would sell with the agricultural land as a single parcel. In utilizing the market approach to value the land, a chief appraiser may not utilize comparable sales from within a city limits or sales of land located in a platted subdivision or addition.

After January 1, 2008, an individual may not claim agricultural valuation on land which is secured by a home equity loan.

Using land for residential purposes disqualifies property from open space land valuation. Planting cover crops and leaving land idle in conjunction with normal crop or livestock rotation qualifies property for open space land valuation.

Notices of appraised value for residential properties which do not currently possess homestead exemptions are required to alert the owners of the potential for these exemptions, explain the qualifying deadlines and include all applicable forms. Failure to include these notifications with the Notice of Appraised Value does not impact the collectibility of the underlying tax or extend the tax payment deadline.

Taxing units wishing to increase their tax rates must hold two public hearings. The published notice requirements are simplified to provide: (a) the average appraised value of a homestead for the prior year and current tax year, (b) the tax rate for the prior year and the proposed rate for the current year, and (c) the average tax assessment for the prior year and the anticipated average assessment for the current year based on the proposed rate.

House Bill 3732. (Effective June 16, 2007).

The Texas Commission of Environmental Quality is required to adopt rules for the exemption of pollution control devices used for the production of clean electricity.

Senate Bills

Senate Bill 57. (Effective September 1, 2007).

In counties with a population of less than 175,000, appeals of appraisal review board decisions shall be given priority, preferential settings for hearings and trials by the district courts.

Senate Bill 162. (Effective June 16, 2007).

The Dallas County Utility and Reclamation District may enter into abatement agreements pertaining to the single-family residential properties which limit the tax rate of the new improvements to a rate not to exceed 60¢ per $100 of value.

Senate Bill 401. (Effective September 1, 2007).

A water control and improvement district is established in Kaufman County with the power to impose taxes for the purpose of repaying bonds.

Senate Bill 404. (Effective May 23, 2007).

A groundwater conservation district is created in Bee County. It may assess ad valorem taxes up to a rate of 5¢ per $100 of value.

Senate Bill 426. (Effective June 16, 2007).

A property does not lose a Community Housing Development Organization exemption if within 30 days of a foreclosure sale, the new owner provides to the chief appraiser proof of the new owner’s qualification for the exemption. The exemption shall continue from year to year until the property no longer qualifies for the exemption. A chief appraiser may require subsequent reapplications of the new owner to verify continued qualification for the exemption.

Senate Bill 456. (Effective September 1, 2007).

The provision mandating notification by taxing units of the availability of deferrals for residential property taxes to individuals 65 years or older in all communications to them applies only to properties which may qualify as residential homesteads.

Senate Bill 682. (Effective September 1, 2007).

A municipal utility district is established in Fort Bend County with the power to impose taxes.

Senate Bill 684. (Effective September 1, 2007).

A municipal utility district is established in Waller County with the power to impose taxes.

Senate Bill 796. (Effective June 16, 2007).

Taxing units, located in a county with a population of 250,000 or more and bordering a county with a population of 3,300,000 and the Gulf of Mexico, and which operate under consolidated collection are not required to offer a split tax payment option merely because the collecting unit itself does.

Senate Bill 812. (Effective January 1, 2008).

Nonprofit corporations who primarily engage in providing chilled water or steam to certain health-related state institutions are exempt from taxation.

Senate Bill 878. (Effective June 16, 2007).

The Greater East End Management District may not impose taxes on any single-family detached residential properties, multi-unit residential properties with thirteen units or less, or condominiums which receive a homestead exemption.

Senate Bill 948. (Effective May 14, 2007).

The board of directors of an appraisal district may waive the statutory penalties and interest owed by taxing units for their failure to pay their allocated portion of the appraisal district budget in a timely manner.

Senate Bill 1041. (Effective September 1, 2007).

A municipal utility district is established in Cameron County with the power to impose taxes.

Senate Bill 1063. (Effective June 16, 2007).

A taxing unit may waive penalties and interest if a taxpayer attempted to timely pay a tax bill but mailed it to a former address of the taxing entity, which was a valid address for the taxing entity in the prior tax year, the payment was mailed within one year of the date the taxing entity moved, and the taxpayer tendered a correct payment within 21 days of learning of the error.

Senate Bill 1069. (Effective September 1, 2007).

Another municipal utility district is established in Fort Bend County with the power to impose taxes.

Senate Bill 1070. (Effective June 16, 2007).

Another municipal utility district is established in Fort Bend County with the power to impose taxes.

Senate Bill 1071. (Effective September 1, 2007).

A municipal utility district is established in Galveston County with the power to impose taxes.

Senate Bill 1091. (Effective June 16, 2007).

A municipal utility district is established in San Jacinto County with the power to impose taxes.

Senate Bill 1092. (Effective June 16, 2007).

Another municipal utility district is established in San Jacinto County with the power to impose taxes.

Senate Bill 1123. (Effective June 16, 2007).

A special district is established in Harris County with the power to impose taxes.

Senate Bill 1205. (Effective September 1, 2007).

A municipal utility district is established in Kaufman County with the power to impose taxes.

Senate Bill 1264. (Effective May 23, 2007).

Taxing units with real property in a Tax Increment Financing Zone may make a loan to the board of directors of the zone. Such loans are considered to be obligations of the zone and must be repaid.

Senate Bill 1405. (Effective January 1, 2008).

A chief appraiser is required to prepare by June 7 an estimate of the taxable value of all property located in each city, county and school district located within the appraisal district and to assist those entities with their related budgetary questions. A county or city may elect not to receive this information.

Senate Bill 1520. (Effective September 1, 2007).

Tax lien loans may be made for both delinquent taxes and also for current taxes if the property is not subject to a recorded mortgage lien or if a prior tax lien loan has been made on the property and the property owner has consented to the transfer of a tax lien for both delinquent and current taxes The Finance Commission of Texas shall prescribe disclosure forms to be provided to property owners prior to the execution of a tax lien transfer, notice forms and shall also adopt rules pertaining to the reasonableness of closing costs, fees, and other charges. Notice must be given to a property owner that if they are over the age of 65 or disabled that they may be eligible for a tax deferral. Releases of transferred tax liens must be sent to the county clerk of each county in which encumbered property is located for purposes of recordation. A lender may charge a borrower a reasonable fee for this service. Not later than the 10^th business day after a certified statement has been received, the lender shall send, by certified mail, a copy of the document to any mortgage service provider and to each first lien holder. Foreclosures of tax liens may be performed non-judicially, but only after a court order has been obtained under the expedited foreclosure procedures authorized by Rule 736 of the Texas Rules of Civil Procedure. Pleadings must be served on all owners of the property and on the holder of any preexisting first lien. Prior to filing suit, the owner and first lien holder must have been provided with a notice to cure default, a notice of intent to accelerate and a notice of acceleration of maturity of the debt. The lender must also confirm that the property owner has not requested a statutory deferral of taxes. Taxpayers shall be allowed a right of rescission in conformity with 12 C.F.R. §226.23. When a tax lien loan is 90 days delinquent, a notice of delinquency must be sent to the holder of the loan and to any pre-existing lien holders on or before the 120^th day of delinquency, or on the next business day if that day is not a working day. A mortgage service provider or a first lien holder has six months from the date of notification to pay the amount due under the borrower’s contract. Payoff information shall be provided to the fullest extent required by federal and state payoff laws. To redeem a foreclosed property, a party must pay (in addition to the redemption premium) the amount reasonably spent by a purchaser in connection with the property and also interest at the legal rate.

Senate Bill 1660. (Effective May 21, 2007).

A municipal utility district is established in Travis County with the power to impose taxes.