By Wilson H.B. No. 67
74R1869 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the award of attorney's fees to a property owner in
1-3 certain ad valorem tax appeals.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 42.29, Tax Code, is amended to read as
1-6 follows:
1-7 Sec. 42.29. Attorney's Fees. (a) A property owner who
1-8 prevails in an appeal to the court under Section 42.25 or Section
1-9 42.26:
1-10 (1) shall be awarded reasonable attorney's fees if the
1-11 court finds that the incorrect appraised value of the property as
1-12 determined by the appraisal review board exceeds by at least 10
1-13 percent the correct appraised value of the property as determined
1-14 by the court; and
1-15 (2) <of this code> may be awarded reasonable
1-16 attorney's fees in an appeal not covered by Subdivision (1) in
1-17 which the property owner's tax liability is reduced as a result of
1-18 the appeal.
1-19 (b) The amount of attorney's fees awarded under this section
1-20 may not <to> exceed:
1-21 (1) the greater of $15,000 or 20 percent of the total
1-22 amount by which the property owner's tax liability is reduced as a
1-23 result of the appeal; or<.>
1-24 (2) <The award of attorney's fees, however, may not
2-1 exceed> the total amount by which the property owner's tax
2-2 liability is reduced as a result of the appeal.
2-3 SECTION 2. This Act takes effect September 1, 1995. The
2-4 change in law made by this Act applies to any appeal filed under
2-5 Section 42.25 or 42.26, Tax Code, on or after that date and to any
2-6 appeal under those sections that is pending before a court on that
2-7 date.
2-8 SECTION 3. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.