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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the chief appraiser of an appraisal |
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district to increase the appraised value of property in the tax year |
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following the year in which the appraised value of the property is |
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lowered as a result of a protest or appeal. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 23.01(e), Tax Code, is amended to read as |
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follows: |
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(e) Notwithstanding any provision of this subchapter to the |
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contrary, if the appraised value of property in a tax year is |
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lowered under Subtitle F, the appraised value of the property as |
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finally determined under that subtitle is considered to be the |
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appraised value of the property for that tax year. In the following |
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tax year, the chief appraiser may not increase the appraised value |
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of the property unless the increase by the chief appraiser is |
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reasonably supported by clear and convincing [substantial] |
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evidence when all of the reliable and probative evidence in the |
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record is considered as a whole. If the appraised value is finally |
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determined in a protest under Section 41.41(a)(2) or an appeal |
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under Section 42.26, the chief appraiser may satisfy the |
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requirement to reasonably support by clear and convincing |
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[substantial] evidence an increase in the appraised value of the |
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property in the following tax year by presenting evidence showing |
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that the inequality in the appraisal of property has been corrected |
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with regard to the properties that were considered in determining |
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the value of the subject property. The burden of proof is on the |
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chief appraiser to support an increase in the appraised value of |
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property under the circumstances described by this subsection. |
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SECTION 2. This Act applies only to the appraisal of |
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property for a tax year beginning on or after the effective date of |
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this Act. |
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SECTION 3. This Act takes effect January 1, 2020. |