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A BILL TO BE ENTITLED
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AN ACT
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relating to the evidence required to be presented by an appraisal |
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district in order to prevail in certain protests before an |
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appraisal review board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 41.43, Tax Code, is amended by adding |
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Subsection (e) to read as follows: |
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(e) In the hearing on a protest brought under Section |
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41.41(a)(1) or (2), the appraisal district shall present as |
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evidence the appraisal method used to appraise the property in the |
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current tax year and the previous tax year and shall identify the |
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factors considered when applying that appraisal method to the |
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property. For property appraised using the cost method of |
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appraisal, the district shall present evidence of the cost data and |
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the adjustments made to that data to account for physical, |
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functional, or economic obsolescence used to determine the market |
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value of the property in the current tax year and the previous tax |
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year. For property appraised using the income method of appraisal, |
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the district shall present evidence of the comparable rental income |
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and operating expense data and the capitalization rate used to |
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determine the market value of the property in the current tax year |
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and the previous tax year. For property appraised using the market |
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data method of appraisal, the district shall present evidence of |
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the comparable sales data and any adjustments made to that data used |
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to determine the market value of the property in the current tax |
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year and the previous tax year. If the appraisal district fails to |
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provide the evidence required under this subsection, the protest |
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shall be determined in favor of the property owner. |
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SECTION 2. The change in law made by this Act applies only |
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to a protest filed with an appraisal review board on or after the |
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effective date of this Act. A protest filed with an appraisal |
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review board before the effective date of this Act is covered by the |
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law in effect at the time the protest was filed, and the former law |
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is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |