Bill Text: TX HB523 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the authority of an appraisal review board to direct changes in the appraisal roll and related appraisal records if a residence homestead is sold for less than the appraised value.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-02-23 - Referred to Ways & Means [HB523 Detail]
Download: Texas-2023-HB523-Introduced.html
| 88R155 CJC-F | ||
| By: Vasut | H.B. No. 523 | |
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| relating to the authority of an appraisal review board to direct | ||
| changes in the appraisal roll and related appraisal records if a | ||
| residence homestead is sold for less than the appraised value. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 25.25, Tax Code, is amended by adding | ||
| Subsection (c-2) and amending Subsections (e), (l), and (m) to read | ||
| as follows: | ||
| (c-2) The appraisal review board, on motion of the chief | ||
| appraiser or of a property owner, may direct by written order | ||
| changes in the appraisal roll or related records as provided by this | ||
| subsection. The board may order the appraised value of the owner's | ||
| property in the current tax year and either of the two preceding tax | ||
| years to be changed to the sales price of the property in the | ||
| current tax year if, for each tax year for which the change is to be | ||
| made: | ||
| (1) the property qualifies as that owner's residence | ||
| homestead; | ||
| (2) the sales price of the property is at least 10 | ||
| percent less than the appraised value of the property; and | ||
| (3) the board makes a finding that the sales price | ||
| reflects the market value of the property. | ||
| (e) If the chief appraiser and the property owner do not | ||
| agree to the correction before the 15th day after the date the | ||
| motion is filed, a party bringing a motion under Subsection (c), | ||
| (c-1), (c-2), or (d) is entitled on request to a hearing on and a | ||
| determination of the motion by the appraisal review board. A party | ||
| bringing a motion under this section must describe the error or | ||
| errors or other matter that the motion is seeking to correct. If a | ||
| request for hearing is made on or after January 1 but | ||
| before September 1, the appraisal review board shall schedule the | ||
| hearing to be held as soon as practicable but not later than the | ||
| 90th day after the date the board approves the appraisal records as | ||
| provided by Section 41.12. If a request for hearing is made on or | ||
| after September 1 but before January 1 of the following tax year, | ||
| the appraisal review board shall schedule the hearing to be held as | ||
| soon as practicable but not later than the 90th day after the date | ||
| the request for the hearing is made. Not later than 15 days before | ||
| the date of the hearing, the board shall deliver written notice of | ||
| the date, time, and place of the hearing to the chief appraiser, the | ||
| property owner, and the presiding officer of the governing body of | ||
| each taxing unit in which the property is located. The chief | ||
| appraiser, the property owner, and each taxing unit are entitled to | ||
| present evidence and argument at the hearing and to receive written | ||
| notice of the board's determination of the motion. The property | ||
| owner is entitled to elect to present the owner's evidence and | ||
| argument before, after, or between the cases presented by the chief | ||
| appraiser and each taxing unit. A property owner who files the | ||
| motion must comply with the payment requirements of Section 25.26 | ||
| or forfeit the right to a final determination of the motion. | ||
| (l) A motion may be filed under Subsection (c) or (c-2) | ||
| regardless of whether, for a tax year to which the motion relates, | ||
| the owner of the property protested under Chapter 41 an action | ||
| relating to the value of the property that is the subject of the | ||
| motion. | ||
| (m) The hearing on a motion under Subsection (c), (c-1), | ||
| (c-2), or (d) shall be conducted in the manner provided by | ||
| Subchapter C, Chapter 41. | ||
| SECTION 2. The changes in law made by this Act apply only to | ||
| a motion to correct an appraisal roll filed on or after the | ||
| effective date of this Act. A motion to correct an appraisal roll | ||
| filed before the effective date of this Act is governed by the law | ||
| in effect on the date the motion 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, 2023. | ||
