76R15211 JD-F                          
         By Nixon, et al.                                      S.B. No. 1401
         Substitute the following for S.B. No. 1401:
         By Craddick                                       C.S.S.B. No. 1401
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to remedies for unequal appraisals of property by an
 1-3     appraisal district.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 41.43, Tax Code, is amended to read as
 1-6     follows:
 1-7           Sec. 41.43.  PROTEST OF DETERMINATION OF VALUE OR INEQUALITY
 1-8     OF APPRAISAL.  (a)  Except as provided by Subsection (b), in [In] a
 1-9     protest authorized by Section 41.41(1) or (2), the appraisal
1-10     district has the burden of establishing the value of the property
1-11     by a preponderance of the evidence presented at the hearing.  If
1-12     the appraisal district fails to meet that standard, the protest
1-13     shall be determined in favor of the property owner.
1-14           (b)  A protest on the ground of unequal appraisal of property
1-15     shall be determined in favor of the appraisal district [protesting
1-16     party] unless the protesting party [appraisal district] establishes
1-17     that:
1-18                 (1)  the appraisal ratio of the property is [not]
1-19     greater than the median level of appraisal of[:]
1-20                 [(1)]  a reasonable and representative sample of other
1-21     properties in the appraisal district;
1-22                 (2)  the appraisal ratio of the property is greater
1-23     than the median level of appraisal of a sample of properties in the
 2-1     appraisal district consisting of a reasonable number of other
 2-2     properties similarly situated to, or of the same general kind or
 2-3     character as, the property subject to the protest; or
 2-4                 (3)  the appraised value of the property is greater
 2-5     than the median appraised value of a reasonable number of
 2-6     comparable properties appropriately adjusted.
 2-7           (c)  For purposes of this section, evidence includes the
 2-8     data, schedules, formulas, or other information used to establish
 2-9     the matter at issue.  For purposes of this section, the value of
2-10     the property subject to the protest and the value of a comparable
2-11     property or sample property that is used for comparison must be the
2-12     market value determined by the appraisal district when the property
2-13     is a residence homestead subject to the limitation on appraised
2-14     value imposed by Section 23.23.
2-15           SECTION 2.  Subsections (a), (b), and (d), Section 42.26, Tax
2-16     Code, are amended to read as follows:
2-17           (a)  The district court shall grant relief on the ground that
2-18     a property is appraised unequally if:
2-19                 (1)  the appraisal ratio of the property exceeds by at
2-20     least 10 percent the median level of appraisal of[:]
2-21                 [(1)]  a reasonable and representative sample of other
2-22     properties in the appraisal district; [or]
2-23                 (2)  the appraisal ratio of the property exceeds by at
2-24     least 10 percent the median level of appraisal of a sample of
2-25     properties in the appraisal district consisting of a reasonable
2-26     number of other properties similarly situated to, or of the same
2-27     general kind or character as, the property subject to the appeal;
 3-1     or
 3-2                 (3)  the appraised value of the property exceeds the
 3-3     median appraised value of a reasonable number of comparable
 3-4     properties appropriately adjusted.
 3-5           (b)  If a property owner is entitled to relief under
 3-6     Subsection (a)(1), the court shall order the property's appraised
 3-7     value changed to the value as calculated on the basis of the median
 3-8     level of appraisal according to Subsection (a)(1).  If a property
 3-9     owner is entitled to relief under Subsection (a)(2), the court
3-10     shall order the property's appraised value changed to the value
3-11     calculated on the basis of the median level of appraisal according
3-12     to Subsection (a)(2).  If a property owner is entitled to relief
3-13     under Subsection (a)(3), the court shall order the property's
3-14     appraised value changed to the value calculated on the basis of the
3-15     median appraised value according to Subsection (a)(3).  If a
3-16     property owner is entitled to relief under more than one
3-17     subdivision of Subsection (a) [both Subsection (a)(1) and
3-18     Subsection (a)(2)], the court shall order the property's appraised
3-19     value changed to the value [calculated on the basis of the median
3-20     level of appraisal] that results in the lowest [lower] appraised
3-21     value.  The court shall determine each applicable median level of
3-22     appraisal according to law, and is not required to adopt the median
3-23     level of appraisal proposed by a party to the appeal.  The court
3-24     may not limit or deny relief to the property owner entitled to
3-25     relief under a subdivision of Subsection (a) because the appraised
3-26     value determined according to another [the other] subdivision of
3-27     Subsection (a) results in a higher appraised value.
 4-1           (d)  For purposes of this section, the value of the property
 4-2     subject to the suit and the value of a comparable property or
 4-3     sample property that is used for comparison must be the market
 4-4     value determined by the appraisal district when the property is a
 4-5     residence homestead subject to the limitation on appraised value
 4-6     imposed by Section 23.23.  [The district court shall grant relief
 4-7     on the ground that a property is appraised unequally if the
 4-8     appraised value of the property exceeds the median appraised value
 4-9     of a reasonable number of comparable properties appropriately
4-10     adjusted.]
4-11           SECTION 3.  (a)  This Act takes effect September 1, 1999.
4-12           (b)  The change in law made by this Act applies only to
4-13     review of an appraisal of property that was initiated by the filing
4-14     of a notice of protest with an appraisal review board on or after
4-15     the effective date of this Act.  Review of an appraisal of property
4-16     that was initiated by the filing of a notice of protest with an
4-17     appraisal review board before the effective date of this Act is
4-18     governed by the law in effect on the date the notice of protest was
4-19     filed, and the former law is continued in effect for that purpose.
4-20           SECTION 4.  The importance of this legislation and the
4-21     crowded condition of the calendars in both houses create an
4-22     emergency and an imperative public necessity that the
4-23     constitutional rule requiring bills to be read on three several
4-24     days in each house be suspended, and this rule is hereby suspended.