Bill Text: TX SB280 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to ad valorem tax protests and appeals on the ground of the unequal appraisal of property.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2015-01-28 - Referred to Finance [SB280 Detail]
Download: Texas-2015-SB280-Introduced.html
| 84R4689 TJB-D | ||
| By: Watson | S.B. No. 280 | |
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| relating to ad valorem tax protests and appeals on the ground of the | ||
| unequal appraisal of property. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 41.43, Tax Code, is amended by amending | ||
| Subsection (b) and adding Subsection (e) to read as follows: | ||
| (b) A protest on the ground of unequal appraisal of property | ||
| shall be determined in favor of the protesting party unless the | ||
| appraisal district establishes that: | ||
| (1) the appraisal ratio of the property is equal to or | ||
| less than the median level of appraisal of a reasonable and | ||
| representative sample of other properties in the appraisal | ||
| district; | ||
| (2) the appraisal ratio of the property is equal to or | ||
| less than the median level of appraisal of a sample of properties in | ||
| the appraisal district consisting of a reasonable number of other | ||
| properties similarly situated to, or of the same general kind or | ||
| character as, the property subject to the protest; or | ||
| (3) the appraised value of the property is equal to or | ||
| less than the median appraised value of a reasonable number of | ||
| comparable properties in the appraisal district appropriately | ||
| adjusted. | ||
| (e) For the purpose of Subsection (b)(3): | ||
| (1) a person making a determination that property is | ||
| comparable to another property must base the determination on the | ||
| similarity of the properties with regard to the characteristics | ||
| described by Section 23.013(d); | ||
| (2) a person who develops and quantifies adjustments | ||
| must develop and quantify the adjustments in accordance with | ||
| generally accepted appraisal standards; and | ||
| (3) a person calculating the median appraised value of | ||
| comparable properties must base the calculation on the appraised | ||
| value of each comparable property as shown in the appraisal records | ||
| submitted to the appraisal review board by the chief appraiser | ||
| under Section 25.22 or 25.23. | ||
| SECTION 2. Section 42.26, Tax Code, is amended by amending | ||
| Subsection (a) and adding Subsection (e) to read as follows: | ||
| (a) The district court shall grant relief on the ground that | ||
| a property is appraised unequally if: | ||
| (1) the appraisal ratio of the property exceeds by at | ||
| least 10 percent the median level of appraisal of a reasonable and | ||
| representative sample of other properties in the appraisal | ||
| district; | ||
| (2) the appraisal ratio of the property exceeds by at | ||
| least 10 percent the median level of appraisal of a sample of | ||
| properties in the appraisal district consisting of a reasonable | ||
| number of other properties similarly situated to, or of the same | ||
| general kind or character as, the property subject to the appeal; or | ||
| (3) the appraised value of the property exceeds by at | ||
| least 10 percent the median appraised value of a reasonable number | ||
| of comparable properties in the appraisal district appropriately | ||
| adjusted. | ||
| (e) For the purpose of Subsection (a)(3): | ||
| (1) a person making a determination that property is | ||
| comparable to another property must base the determination on the | ||
| similarity of the properties with regard to the characteristics | ||
| described by Section 23.013(d); | ||
| (2) a person who develops and quantifies adjustments | ||
| must develop and quantify the adjustments in accordance with | ||
| generally accepted appraisal standards; and | ||
| (3) a person calculating the median appraised value of | ||
| comparable properties must base the calculation on the appraised | ||
| value of each comparable property as shown in the appraisal records | ||
| certified by the chief appraiser under Section 26.01. | ||
| SECTION 3. Section 41.43, Tax Code, as amended by this Act, | ||
| applies only to a protest under Chapter 41, Tax Code, for which a | ||
| notice of protest is filed on or after the effective date of this | ||
| Act. A protest under Chapter 41, Tax Code, for which a notice of | ||
| protest was filed before the effective date of this Act is governed | ||
| by the law in effect on the date the notice of protest was filed, and | ||
| the former law is continued in effect for that purpose. | ||
| SECTION 4. Section 42.26, Tax Code, as amended by this Act, | ||
| applies only to an appeal under Chapter 42, Tax Code, for which a | ||
| petition for review is filed on or after the effective date of this | ||
| Act. An appeal under Chapter 42, Tax Code, for which a petition for | ||
| review was filed before the effective date of this Act is governed | ||
| by the law in effect on the date the petition for review was filed, | ||
| and the former law is continued in effect for that purpose. | ||
| SECTION 5. This Act takes effect January 1, 2016. | ||
