81R30868 JD-F
 
  By: Gattis H.B. No. 3310
 
  Substitute the following for H.B. No. 3310:
 
  By:  Oliveira C.S.H.B. No. 3310
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the award of attorney's fees in a judicial appeal of
  certain ad valorem tax determinations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 42.29, Tax Code, is amended by amending
  Subsection (a) and adding Subsection (c) to read as follows:
         (a)  A property owner who prevails in an appeal to a [the]
  court under Section 42.01, 42.02, 42.031, 42.25, or 42.26 may be
  awarded reasonable attorney's fees. The amount of the award may not
  exceed the greater of:
               (1)  $15,000; or
               (2)  20 percent of the total amount by which the
  property owner's tax liability is reduced as a result of the appeal.
         (c)  The limits on the amount of an award of attorney's fees
  in Subsection (b) do not apply if the property that is the subject
  of the appeal is a residence homestead that qualifies for an
  exemption under Section 11.13.
         SECTION 2.  The changes in law to Section 42.29, Tax Code,
  made by this Act apply only to an appeal under Chapter 42, Tax Code,
  that is filed on or after the effective date of this Act. An appeal
  under Chapter 42, Tax Code, that was filed before the effective date
  of this Act is governed by the law in effect on the date the appeal
  was filed, and the former law is continued in effect for that
  purpose.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.