1-1     By:  Nixon                                            S.B. No. 1401
 1-2           (In the Senate - Filed March 11, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on Intergovernmental
 1-4     Relations; April 16, 1999, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 4, Nays 0;
 1-6     April 16, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1401                   By:  Nixon
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to remedies for unequal appraisals of property by an
1-11     appraisal district.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 41.43, Tax Code, is amended to read as
1-14     follows:
1-15           Sec. 41.43.  PROTEST OF DETERMINATION OF VALUE OR INEQUALITY
1-16     OF APPRAISAL.  (a)  Except as provided by Subsection (b), in [In] a
1-17     protest authorized by Section 41.41(1) or (2), the appraisal
1-18     district has the burden of establishing the value of the property
1-19     by a preponderance of the evidence presented at the hearing.  If
1-20     the appraisal district fails to meet that standard, the protest
1-21     shall be determined in favor of the property owner.
1-22           (b)  A protest on the ground of unequal appraisal of property
1-23     shall be determined in favor of the appraisal district [protesting
1-24     party] unless the protesting party [appraisal district] establishes
1-25     that:
1-26                 (1)  the appraisal ratio of the property is [not]
1-27     greater than the median level of appraisal of[:]
1-28                 [(1)]  a reasonable and representative sample of other
1-29     properties in the appraisal district;
1-30                 (2)  the appraisal ratio of the property is greater
1-31     than the median level of appraisal of a sample of properties in the
1-32     appraisal district consisting of a reasonable number of other
1-33     properties similarly situated to, or of the same general kind or
1-34     character as, the property subject to the protest; or
1-35                 (3)  the appraised value of the property is greater
1-36     than the median appraised value of a reasonable number of
1-37     comparable properties appropriately adjusted.
1-38           (c)  For purposes of this section, evidence includes the
1-39     data, schedules, formulas, or other information used to establish
1-40     the matter at issue.  For purposes of this section, the value of
1-41     the property subject to the protest and the value of a comparable
1-42     property or sample property that is used for comparison must be the
1-43     market value determined by the appraisal district when the property
1-44     is a residence homestead subject to the limitation on appraised
1-45     value imposed by Section 23.23.
1-46           SECTION 2.  Subsections (a), (b), and (d), Section 42.26, Tax
1-47     Code, are amended to read as follows:
1-48           (a)  The district court shall grant relief on the ground that
1-49     a property is appraised unequally if:
1-50                 (1)  the appraisal ratio of the property exceeds by at
1-51     least 10 percent the median level of appraisal of[:]
1-52                 [(1)]  a reasonable and representative sample of other
1-53     properties in the appraisal district; [or]
1-54                 (2)  the appraisal ratio of the property exceeds by at
1-55     least 10 percent the median level of appraisal of a sample of
1-56     properties in the appraisal district consisting of a reasonable
1-57     number of other properties similarly situated to, or of the same
1-58     general kind or character as, the property subject to the appeal;
1-59     or
1-60                 (3)  the appraised value of the property exceeds the
1-61     median appraised value of a reasonable number of comparable
1-62     properties appropriately adjusted.
1-63           (b)  If a property owner is entitled to relief under
1-64     Subsection (a)(1), the court shall order the property's appraised
 2-1     value changed to the value as calculated on the basis of the median
 2-2     level of appraisal according to Subsection (a)(1).  If a property
 2-3     owner is entitled to relief under Subsection (a)(2), the court
 2-4     shall order the property's appraised value changed to the value
 2-5     calculated on the basis of the median level of appraisal according
 2-6     to Subsection (a)(2).  If a property owner is entitled to relief
 2-7     under Subsection (a)(3), the court shall order the property's
 2-8     appraised value changed to the value calculated on the basis of the
 2-9     median level of appraisal according to Subsection (a)(3).  If a
2-10     property owner is entitled to relief under more than one
2-11     subdivision of Subsection (a) [both Subsection (a)(1) and
2-12     Subsection (a)(2)], the court shall order the property's appraised
2-13     value changed to the value [calculated on the basis of the median
2-14     level of appraisal] that results in the lowest [lower] appraised
2-15     value. The court shall determine each applicable median level of
2-16     appraisal according to law, and is not required to adopt the median
2-17     level of appraisal proposed by a party to the appeal.  The court
2-18     may not limit or deny relief to the property owner entitled to
2-19     relief under a subdivision of Subsection (a) because the appraised
2-20     value determined according to another [the other] subdivision of
2-21     Subsection (a) results in a higher appraised value.
2-22           (d)  For purposes of this section, the value of the property
2-23     subject to the suit and the value of a comparable property or
2-24     sample property that is used for comparison must be the market
2-25     value determined by the appraisal district when the property is a
2-26     residence homestead subject to the limitation on appraised value
2-27     imposed by Section 23.23.  [The district court shall grant relief
2-28     on the ground that a property is appraised unequally if the
2-29     appraised value of the property exceeds the median appraised value
2-30     of a reasonable number of comparable properties appropriately
2-31     adjusted.]
2-32           SECTION 3.  (a)  This Act takes effect September 1, 1999.
2-33           (b)  The change in law made by this Act applies only to
2-34     review of an appraisal of property that was initiated by the filing
2-35     of a notice of protest with an appraisal review board on or after
2-36     the effective date of this Act.  Review of an appraisal of property
2-37     that was initiated by the filing of a notice of protest with an
2-38     appraisal review board before the effective date of this Act is
2-39     governed by the law in effect on the date the notice of protest was
2-40     filed, and the former law is continued in effect for that purpose.
2-41           SECTION 4.  The importance of this legislation and the
2-42     crowded condition of the calendars in both houses create an
2-43     emergency and an imperative public necessity that the
2-44     constitutional rule requiring bills to be read on three several
2-45     days in each house be suspended, and this rule is hereby suspended.
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