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A BILL TO BE ENTITLED
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AN ACT
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relating to incorrect or unequal appraised value of a property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 25.25(d) and (h), Tax Code are amended |
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to read as follows: |
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(d) At any time prior to the date the taxes become |
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delinquent, a property owner or the chief appraiser may file a |
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motion with the appraisal review board to change the appraisal roll |
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to correct an error that resulted in an incorrect or unequal |
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appraised value for the owner's property. However, the error may |
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not be corrected unless it resulted in an appraised value that |
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exceeds by more than one-third the correct appraised value. If the |
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appraisal roll is changed under this subsection, the property owner |
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must pay to each affected taxing unit a late-correction penalty |
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equal to 10 percent of the amount of taxes as calculated on the |
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basis of the corrected appraised value. Payment of the |
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late-correction penalty is secured by the lien that attaches to the |
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property under Section 32.01 and is subject to enforced collection |
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under Chapter 33. The roll may not be changed under this subsection |
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if: |
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(1) the property was the subject of a protest brought |
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by the property owner under Chapter 41, a hearing on the protest was |
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conducted in which the property owner offered evidence or argument, |
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and the appraisal review board made a determination of the protest |
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on the merits; or |
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(2) the appraised value of the property was |
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established as a result of a written agreement between the property |
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owner or the owner's agent and the appraisal district. |
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(h) The appraisal review board, on the joint motion of the |
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property owner and the chief appraiser filed at any time prior to |
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the date the taxes become delinquent, shall by written order |
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correct an error that resulted in an incorrect or unequal appraised |
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value for the owner's property. |
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SECTION 2. This Act takes effect September 1, 2009. |