By:  Talton (Senate Sponsor - Staples)                            H.B. No. 1082
	(In the Senate - Received from the House May 12, 2003; 
May 13, 2003, read first time and referred to Committee on Finance; 
May 23, 2003, reported favorably by the following vote:  Yeas 11, 
Nays 0, 1 present not voting; May 23, 2003, sent to printer.)

A BILL TO BE ENTITLED
AN ACT
relating to the appraisal of property by appraisal districts. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. (a) Section 6.025, Tax Code, is amended by adding Subsection (d) to read as follows: (d) If on May 1 all the chief appraisers of the appraisal districts described by Subsection (a) in which a parcel or item of property is located are not in agreement as to the appraised or market value of the property, on that date each of the chief appraisers shall enter as the appraised or market value of the property on the appraisal records of the appropriate appraisal district the lowest appraised or market value of the property as determined by any of the chief appraisers. If as a result of a protest, appeal, or other action the appraised or market value of the property is subsequently reduced in any of the appraisal districts, the chief appraiser shall notify each of the appraisal districts of the reduced appraised or market value. The chief appraiser of each appraisal district shall enter that reduced appraised or market value on the appraisal records as the appraised or market value of the property. If the appraised or market value is reduced in more than one appraisal district, each chief appraiser shall enter the lowest of those values on the appraisal records. (b) This section takes effect January 1, 2004, and applies only to the appraisal for ad valorem tax purposes of property for a tax year that begins on or after that date. SECTION 2. 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 3. 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 4. Section 43.01, Tax Code, is amended to read as follows: Sec. 43.01. AUTHORITY TO BRING SUIT. (a) The following persons [A taxing unit] may sue the appropriate appraisal district or the appraisal review board established for that appraisal district [that appraises property for the unit] to compel the appraisal district or appraisal review board to comply with the provisions of this title, rules of the comptroller, or other applicable law: (1) a taxing unit; (2) a property owner; (3) a lessee of property who is contractually obligated to pay taxes imposed on the property; (4) an agent of a property owner designated under Section 1.111; or (5) any other person authorized to bring an action on behalf of a person listed in Subdivisions (1)-(4). (b) The court shall award court costs and reasonable attorney's fees to a plaintiff who prevails in a suit brought under this section. SECTION 5. (a) Section 43.01, Tax Code, as amended by this Act takes effect September 1, 2003. (b) The changes in law made by Section 43.01, Tax Code, as amended by this Act apply only to a suit filed under Section 43.01, Tax Code, on or after the effective date of this Act. A suit filed under Section 43.01, Tax Code, before the effective date of this Act is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose. SECTION 6. (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.
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