EMERGENCY BILL TO AID SHUTDOWN WORKERS IN WORKS

By Juan Montoya

Federal workers affected by the federal government shutdown in Cameron County - and across Texas - may be granted relief from becoming delinquent on their their property taxes due January 31 thanks to an emergency bill being proposed by the the county's legislative delegation and suggested by Tax Assessor-Collector Tony Yzaguirre.

The   bill is now being considered by Gov. Greg Abbott's office who may agree to submit if for emergency consideration to the legislature now in session.

Yzaguirre, in a letter dated January 18 addressed to State Sen. Eddie Lucio Jr. and state representatives for District 38 Eddie Lucio III and District 37 Alex Dominguez, is urging them to submit an emergency bill to assist federal workers affected by the now-30 day shutdown by mending the delinquency tax exemption clause to cover them until the shutdown ends.

"This office has received several calls from Federal workers that have been affected by the Federal
Government shutdown regarding their ability to pay their 2018 property taxes which will become delinquent if not paid by January 31, 2019," Yzaguirre wrote.

"Any 2018 taxes which become delinquent on February 1, 2019 will accrue a 7% penalty and interest if paid in February, a 9% penalty and interest if paid in March, and will continue to accumulate additional penalties and interest so on and so forth until paid," the letter states.

"As the elected tax assessor-collector of this county I feel it is my responsibility to find a way to somehow assist these individuals that have not been paid since the federal shutdown began. Payments of property taxes are not dictated by current events or even natural disasters.

"I am hereby requesting that Governor Greg Abbott declare this issue an emergency and allow our legislature to create a joint bill to address this issue to assist these individuals statewide; this office would appreciate your assistance on this matter," the letter states.

Specifically, the amendment to the section dealing with exemptions to tax delinquency states that personnel of the Armed Forces who are moved, called  to active duty or affected by other events beyond their control addresses the shutdown specifically.

It states: 

h) The delinquency date for tax year 2018 for a person considered to be affected by subsection h-1 of

this code is postponed to the first day of the next month after the end of the Federal Government
Shutdown that will provide a period of at least 21 days for the payment of taxes before delinquent.
(1)
This section only applies if the owner of the real property is employed by the federal
government and has not been paid their federal salary since the federal shutdown began on
December 21, 2018. This section also applies if the owner of the real property contracts with
the federal government and the federal shutdown has caused them to lose a substantial
portion of their income, as determined by the county tax assessor or collector. The county tax
assessor or collector may require the individual taxpayer to produce whatever proof the tax
assessor or collector determines necessary to implement the provisions of this section.
(2)
Nothing in this section may be construed to mean that real property taxes and assessments are
not still due on receipt of the tax bill.
(3)
This bill takes effect upon approval by the Governor. If penalties have been added before the
effective date of this, the county tax assessor or collector shall adjust the penalties in
conformity with the provisions of this bill. If penalties have been paid before the effective date
of this act, the taxpayer is entitled to a refund of penalties paid

h) The delinquency date for tax year 2018 for a person considered to be affected by subsection h-1 of
this code is postponed to the first day of the next month after the end of the Federal Government
Shutdown that will provide a period of at least 21 days for the payment of taxes before delinquent.
he taxpayer is entitled to a refund of penalties paid.

Yzaguirre says the response from the Cameron County delegation has been enthusiastic and that all three will co-sponsor the emergency bill. He says that the initial from the governor's office has been very positive and that action is already underway to change the law to assist the federal workers affected.

"There are a lot of federal workers in Cameron County because we're on the border  We have FBI, DEA, ICE, Border Patrol, TSA, the federal courts, Dept, of Agriculture employees, you name it," Yzaguirre said. "That's true throughout Texas and if it goes through, it will assist federal workers and some contractors all across the state."

It is ironic that Yzaguirre thought of assisting federal employees given the fact that he was the target of an investigation directed by Cameron County District Attorney Luis V. Saenz called "Dirty Deeds" in which he was targeted by the DEA, FBI and a whole other number of federal agencies for alleged  criminal activities in the tax office. He was acquitted of all charges by a jury in Nueces County.

"I'm not even thinking about that," he answered. "The fact is that our fellow citizens, our federal employees, should not bear this additional burden that could even result in them named in a lawsuit  by our delinquent tax attorneys through no fault of their own.'