HB 1392

Overall Vote Recommendation
Yes
Principle Criteria
positive
Free Enterprise
positive
Property Rights
positive
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest
HB 1392 proposes an amendment to Section 1.06 of the Texas Tax Code to address situations in which a property tax payment deadline falls on a day when the tax collector’s office is closed. Currently, Texas law allows a deadline extension to the next business day when a due date falls on a weekend or legal holiday. HB 1392 broadens this exception to include closures of the tax collector’s office for any reason—such as emergencies, inclement weather, or administrative shutdowns.

The bill ensures that a payment of ad valorem (property) taxes will not be considered delinquent if the collector’s office is closed on the scheduled delinquency date. Instead, the payment will be deemed timely if made on the next day the office is open for business. This change protects taxpayers from penalties or interest charges when office closures prevent them from fulfilling their tax obligations on time.

The legislation is a practical, taxpayer-friendly adjustment that increases fairness in tax administration. It removes the risk of technical delinquency due to circumstances outside the taxpayer’s control.
Author (2)
John Bucy III
Erin Zwiener
Co-Author (5)
Richard Hayes
Janie Lopez
Ray Lopez
Penny Morales Shaw
Mihaela Plesa
Sponsor (1)
Paul Bettencourt
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 1392 would have no anticipated fiscal impact on the state. The proposed legislation allows property tax payments to be considered timely if made on the next regular business day when the tax collector's office is closed on the delinquency date. This change aims to ensure fairness without introducing significant administrative burdens or costs.

For local governments, the bill is also expected to have no significant fiscal implications. While the change might slightly delay the receipt of some property tax payments in specific circumstances (e.g., during office closures due to weather or holidays), this postponement is unlikely to affect overall revenue collection or budgeting processes. The temporary nature of any such delays and the rarity of unscheduled office closures mean that local revenue streams would remain stable and predictable.

In summary, HB 1392 is a low-impact administrative adjustment to existing law that promotes fairness in tax collection without generating fiscal burdens for either state or local entities.

Vote Recommendation Notes

HB 1392 is a narrowly tailored and practical amendment to the Texas Tax Code that ensures fairness in the administration of property tax deadlines. The bill addresses a gap in current law by allowing property tax payments to be considered timely if the due date falls on a day when the tax collector's office is unexpectedly closed (e.g., due to natural disasters or other unforeseen events), provided payment is made on the next regular business day. Present law only accounts for weekends and legal holidays in extending due dates, leaving taxpayers vulnerable to penalties through no fault of their own.

From a liberty principle perspective, this bill upholds individual liberty and personal responsibility by protecting taxpayers from arbitrary penalization due to office closures. It also supports limited government by streamlining tax administration and reducing the likelihood of appeals or disputes tied to unintentional delinquencies. The change respects private property rights by ensuring penalties are not unfairly assessed, and although it does not directly affect free enterprise, it benefits both individuals and businesses by enhancing administrative fairness and predictability.

The fiscal impact of HB 1392 is minimal to none, with both the Legislative Budget Board and committee analysis indicating no significant implications for the state or local governments. Furthermore, the bill does not create new criminal penalties or confer rulemaking authority, reinforcing its narrow and targeted intent. In sum, HB 1392 represents a sound policy that enhances fairness without expanding government power or creating fiscal burdens, and as such, Texas Policy Research recommends lawmakers vote YES.

  • Individual Liberty: The bill protects taxpayers from arbitrary penalties when they are unable to make timely property tax payments due to circumstances beyond their control—specifically, when the tax collector’s office is closed on the payment due date. It ensures that government deadlines do not override individual rights in cases where fulfilling an obligation is not possible through no fault of the taxpayer.
  • Personal Responsibility: By clarifying that payments made on the next available business day are considered timely, the bill supports responsible taxpayer behavior. It preserves accountability by not excusing late payments in general but rather extends grace only when the government's own accessibility is impaired. This balanced approach upholds the principle that individuals should fulfill their obligations, but only when government infrastructure allows them to do so.
  • Limited Government: The legislation exemplifies limited government by correcting a procedural gap without expanding government programs, budgets, or regulatory burdens. Instead of creating new bureaucratic processes, HB 1392 modestly amends an existing provision to reflect real-world contingencies like office closures. It promotes efficient governance without overreach.
  • Private Property Rights: Property taxes directly affect the ownership and retention of real property. This bill ensures that owners are not penalized unjustly, preserving their property rights. It prevents scenarios where a person could face delinquency interest or penalties not because of willful noncompliance but due to office closures, thereby safeguarding the sanctity of property ownership.
  • Free Enterprise: While the bill’s effect on free enterprise is indirect, it still has value. Businesses, like individuals, are subject to property taxes. Ensuring that tax deadlines accommodate unexpected closures can help small businesses avoid unwarranted financial penalties, thereby maintaining operational continuity and reducing stress on business owners.
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