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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of an appraisal review board to direct |
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changes in the appraisal roll and related appraisal records if a |
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residence homestead is sold for less than the appraised value. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.25, Tax Code, is amended by adding |
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Subsection (c-1) and amending Subsections (e), (l), and (m) to read |
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as follows: |
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(c-1) The appraisal review board, on motion of the chief |
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appraiser or of a property owner, may direct by written order |
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changes in the appraisal roll or related records as provided by this |
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subsection. The board may order the appraised value of the owner's |
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property in the current tax year and either of the two preceding tax |
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years to be changed to the sales price of the property in the |
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current tax year if, for each tax year for which the change is to be |
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made: |
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(1) the property qualifies as that owner's residence |
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homestead; |
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(2) the sales price of the property is at least 10 |
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percent less than the appraised value of the property; and |
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(3) the board makes a finding that the sales price |
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reflects the market value of the property. |
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(e) If the chief appraiser and the property owner do not |
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agree to the correction before the 15th day after the date the |
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motion is filed, a party bringing a motion under Subsection (c), |
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(c-1), or (d) is entitled on request to a hearing on and a |
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determination of the motion by the appraisal review board. A party |
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bringing a motion under this section must describe the error or |
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errors or other matter that the motion is seeking to correct. Not |
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later than 15 days before the date of the hearing, the board shall |
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deliver written notice of the date, time, and place of the hearing |
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to the chief appraiser, the property owner, and the presiding |
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officer of the governing body of each taxing unit in which the |
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property is located. The chief appraiser, the property owner, and |
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each taxing unit are entitled to present evidence and argument at |
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the hearing and to receive written notice of the board's |
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determination of the motion. The property owner is entitled to |
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elect to present the owner's evidence and argument before, after, |
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or between the cases presented by the chief appraiser and each |
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taxing unit. A property owner who files the motion must comply with |
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the payment requirements of Section 25.26 or forfeit the right to a |
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final determination of the motion. |
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(l) A motion may be filed under Subsection (c) or (c-1) |
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regardless of whether, for a tax year to which the motion relates, |
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the owner of the property protested under Chapter 41 an action |
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relating to the value of the property that is the subject of the |
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motion. |
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(m) The hearing on a motion under Subsection (c), (c-1), or |
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(d) shall be conducted in the manner provided by Subchapter C, |
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Chapter 41. |
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SECTION 2. The changes in law made by this Act apply only to |
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a motion to correct an appraisal roll filed on or after the |
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effective date of this Act. A motion to correct an appraisal roll |
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filed before the effective date of this Act is governed by the law |
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in effect on the date the motion was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |