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A BILL TO BE ENTITLED
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AN ACT
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relating to the consideration of the use of property or a comparable |
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property in certain appeals of an appraisal review board order. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 23, Tax Code, is amended by |
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adding Section 23.04 to read as follows: |
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Sec. 23.04. CONSIDERATION OF USE OF RETAIL PROPERTY ON |
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APPEAL. (a) This section applies only to an appeal of an appraisal |
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review board order regarding real property used for retail purposes |
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brought under Chapter 41A or 42 of this code or Subchapter Z, |
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Chapter 2003, Government Code. |
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(b) A property must have the same highest and best use as the |
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subject property to be considered a comparable property. |
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(c) Notwithstanding Section 23.013, a use restriction on |
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the subject property that prohibits the continuation of the current |
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use of the property, or prohibits a competitive use of the property, |
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by a subsequent owner or tenant may not be considered in the |
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determination of the property's highest and best use. This |
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subsection does not apply to a use restriction imposed or |
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enforceable by a governmental entity. |
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SECTION 2. The changes in law made by this Act apply only to |
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an appeal under Chapter 41A or 42, Tax Code, or Subchapter Z, |
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Chapter 2003, Government Code, that is filed on or after the |
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effective date of this Act. An appeal under Chapter 41A or 42, Tax |
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Code, or Subchapter Z, Chapter 2003, Government Code, that is filed |
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before the effective date of this Act is governed by the law in |
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effect on the date the appeal is filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |