AGENDA CAPTION:
Title
Consider approval of Resolution 2015-63R, requesting that the Hays Central Appraisal District reappraise properties in the City of San Marcos affected by the recent historic flooding as authorized by Texas Tax Code Section 23.02.
Body
Meeting date: June 2, 2015
Department: CMO (Miller)
Funds Required: n/a
Account Number:
Funds Available:
Account Name:
CITY COUNCIL GOAL: Economic Vitality
COMPREHENSIVE PLAN ELEMENTS: Land Use & Neighborhoods and Housing
BACKGROUND:
Due to the severe damage incurred to several residential neighborhoods and businesses during the May 2015 Flood, the City of San Marcos is requesting the Hays County Central Appraisal District (HCAD) to adjust or re-assess flood-affected property values to its Certified Tax Role based on Texas Tax Code Section 23.02. Each taxing entity must request reappraisal for its own taxing unit. Each entity will bear the cost of reappraisal, although costs may be shared in our areas since Hays County may also be requesting reappraisal of the area.
Sec. 23.02. REAPPRAISAL OF PROPERTY DAMAGED IN DISASTER AREA. (a) The governing body of a taxing unit that is located partly or entirely inside an area declared to be a disaster area by the governor may authorize reappraisal of all property damaged in the disaster at its market value immediately after the disaster.
(b) If a taxing unit authorizes a reappraisal pursuant to this section, the appraisal office shall complete the reappraisal as soon as practicable. The appraisal office shall include on the appraisal records, in addition to other information required or authorized by law:
(1) the date of the disaster;
(2) the appraised value of the property after the disaster; and
(3) if the reappraisal is not authorized by all taxing units in which the property is located, an indication of the taxing units to which the reappraisal applies.
(c) A taxing unit that authorizes a reappraisal under this section must pay the appraisal district all the costs of making the reappraisal. If two or more taxing units provide for the reappraisal in the same territory, each shall share the costs of the reappraisal in that territory in the proportion the total dollar amount of taxes imposed in that territory in the preceding year bears to the total dollar amount of taxes all units providing for reappraisal of that territory imposed in the preceding year.
(d) If property damaged in a disaster is reappraised as provided by this section, the governing body shall provide for prorating the taxes on the property for the year in which the disaster occurred. If the taxes are prorated, taxes due on the property are determined as follows: the taxes on the property based on its value on January 1 of that year are multiplied by a fraction, the denominator of which is 365 and the numerator of which is the number of days before the date the disaster occurred; the taxes on the property based on its reappraised value are multiplied by a fraction, the denominator of which is 365 and the numerator of which is the number of days, including the date the disaster occurred, remaining in the year; and the total of the two amounts is the amount of taxes on the property for the year.
(e) Repealed by Acts 1983, 68th Leg., p. 4829, ch. 851, Sec. 28, eff. Aug. 29, 1983.
Added by Acts 1981, 67th Leg., 1st C.S., p. 136, ch. 13, Sec. 57, eff. Jan. 1, 1982. Amended by Acts 1983, 68th Leg., p. 4829, ch. 851, Sec. 28, eff. Aug. 29, 1983.
Amended by: