78R4848 JD-F

By:  Talton                                                       H.B. No. 1082


A BILL TO BE ENTITLED
AN ACT
relating to remedies for the unequal appraisal of property by an appraisal district. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 41.43, Tax Code, is amended by amending Subsections (a) and (b) and adding Subsection (d) to read as follows: (a) Except as provided by Subsection (b), in [In] a protest authorized by Section 41.41(a)(1) or (2) [41.41(1) or (2)], the appraisal district has the burden of establishing the value of the property by a preponderance of the evidence presented at the hearing. If the appraisal district fails to meet that standard, the protest shall be determined in favor of the property owner. (b) A protest on the ground of unequal appraisal of property shall be determined in favor of the appraisal district [protesting party] unless the protesting party [appraisal district] establishes that: (1) the appraisal ratio of the property is [not] greater than the median level of appraisal of[: [(1)] a reasonable and representative sample of other properties in the appraisal district; (2) the appraisal ratio of the property is greater than the median level of appraisal of a sample of properties in the appraisal district consisting of a reasonable number of other properties similarly situated to, or of the same general kind or character as, the property subject to the protest; or (3) the appraised value of the property is greater than the median appraised value of a reasonable number of comparable properties appropriately adjusted. (d) For purposes of this section, the value of the property subject to the protest and the value of a comparable property or sample property that is used for comparison must be the market value determined by the appraisal district when the property is a residence homestead subject to the limitation on appraised value imposed by Section 23.23. SECTION 2. Sections 42.26(a), (b), and (d), Tax Code, are amended to read as follows: (a) The district court shall grant relief on the ground that a property is appraised unequally if: (1) the appraisal ratio of the property exceeds by at least 10 percent the median level of appraisal of[: [(1)] a reasonable and representative sample of other properties in the appraisal district; [or] (2) the appraisal ratio of the property exceeds by at least 10 percent the median level of appraisal of a sample of properties in the appraisal district consisting of a reasonable number of other properties similarly situated to, or of the same general kind or character as, the property subject to the appeal; or (3) the appraised value of the property exceeds the median appraised value of a reasonable number of comparable properties appropriately adjusted. (b) If a property owner is entitled to relief under Subsection (a)(1), the court shall order the property's appraised value changed to the value as calculated on the basis of the median level of appraisal according to Subsection (a)(1). If a property owner is entitled to relief under Subsection (a)(2), the court shall order the property's appraised value changed to the value calculated on the basis of the median level of appraisal according to Subsection (a)(2). If a property owner is entitled to relief under Subsection (a)(3), the court shall order the property's appraised value changed to the value calculated on the basis of the median appraised value according to Subsection (a)(3). If a property owner is entitled to relief under more than one subdivision of Subsection (a) [both Subsection (a)(1) and Subsection (a)(2)], the court shall order the property's appraised value changed to the value [calculated on the basis of the median level of appraisal] that results in the lowest [lower] appraised value. The court shall determine each applicable median level of appraisal or median appraised value according to law, and is not required to adopt the median level of appraisal or median appraised value proposed by a party to the appeal. The court may not limit or deny relief to the property owner entitled to relief under a subdivision of Subsection (a) because the appraised value determined according to another [the other] subdivision of Subsection (a) results in a higher appraised value. (d) For purposes of this section, the value of the property subject to the suit and the value of a comparable property or sample property that is used for comparison must be the market value determined by the appraisal district when the property is a residence homestead subject to the limitation on appraised value imposed by Section 23.23. [The district court shall grant relief on the ground that a property is appraised unequally if the appraised value of the property exceeds the median appraised value of a reasonable number of comparable properties appropriately adjusted.] SECTION 3. (a) This Act takes effect September 1, 2003. (b) The change in law made by this Act applies only to review of an appraisal of property that was initiated by the filing of a notice of protest with an appraisal review board on or after the effective date of this Act. Review of an appraisal of property that was initiated by the filing of a notice of protest with an appraisal review board before the effective date of this Act is governed by the law in effect on the date the notice of protest was filed, and the former law is continued in effect for that purpose.