LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
April 23, 1997
TO: Honorable Tom Craddick, Chair IN RE: House Bill No. 2808
Committee on Ways & Means By: Edwards
House
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on HB2808 ( Relating
to limits on attorney's fees in certain ad valorem tax appeals
of real property.) this office has detemined the following:
Biennial Net Impact to General Revenue Funds by HB2808-As Introduced
No fiscal implication to the State is anticipated.
FISCAL ANALYSIS
The bill would amend Chapter 42 of the Tax
Code to remove one limitation on the amount of attorney's fees
that could be awarded to a property taxpayer who prevailed in
a lawsuit to challenge over-appraisal or unequal appraisal.
Currently,
the award may not exceed the greater of $15,000 or 20 percent
of the total amount by which the taxpayer's tax liability is
reduced. In no case, however, may the award of attorney's fees
exceed the total amount by which the property owner's tax liability
is reduced. The bill would remove the provision limiting recovery
of attorney's fees to the total amount by which the owner's
tax liability is reduced.
The bill would take effect September
1, 1997 and would apply to any appeal filed or pending under
Section 42.25 or 42.26 of the Tax Code on or after the effective
date.
LOCAL
The bill could increase costs to local governments by
removing a current limitation on the amount of attorney's fees
that may be awarded to property owners.
Source: Agencies: 304 Comptroller of Public Accounts
LBB Staff: JK ,RR ,BR