Texas House Bill HB3758

Texas 2017 - 85th Regular

Caption

Relating to the weight accorded in a protest hearing before an appraisal review board of a determination by a certified appraiser of the appraised or market value of property.

Impact

The impact of HB3758 is significant, as it shifts the burden of proof away from property owners to appraisal districts in contested value cases. This change is expected to empower property owners, particularly those contesting valuations of lower-priced properties, by requiring appraisal districts to substantiate their assessment rigorously. It may lead to increased successful protests given the enhanced protections for property owners and potentially alter the landscape of property appraisal in Texas.

Summary

House Bill 3758 aims to amend the Tax Code by modifying the weight accorded in protest hearings before appraisal review boards regarding the appraised or market value of property. The bill stipulates that if a property owner presents an appraisal performed by a certified appraiser—conducted within 180 days prior to the hearing—that supports their claimed appraised or market value, the appraisal district will bear the burden of proof. Specifically, the district must establish the property's value by 'clear and convincing evidence.' Failure to meet this standard will lead to the automatic favor of the property owner’s protest.

Contention

While supporters of the bill argue that it brings fairness and balance to the appraisal process, there may be contention regarding the effectiveness of local appraisal practices and the potential for increased disputes. Critics may point out that the requirement for 'clear and convincing evidence' could create challenges for appraisal districts in substantiating their valuations, possibly affecting local revenue derived from property taxes. Overall, the impact on local appraisal processes and fiscal outcomes will be closely monitored as the bill progresses.