Texas House Bill HB337

Texas 2017 - 85th 1st C.S.

Caption

Relating to the burden of proof in certain ad valorem tax appeals.

Impact

The enactment of HB337 could significantly impact the landscape of property tax appeals in Texas. By requiring appraisal districts to prove the value of a property by a preponderance of evidence, the bill seeks to empower property owners, providing them with a clearer path to challenge property valuations. The adjustment applies only to appeals filed after the effective date of the bill, thereby ensuring that ongoing cases are not affected retroactively, which may alleviate concerns from appraisal districts about immediate impacts on existing appeals.

Summary

House Bill 337 aims to amend the Tax Code of Texas concerning the burden of proof in certain ad valorem tax appeals. Specifically, the bill places the responsibility on appraisal districts to establish the value of property in appeals that fall under Section 42.25 or 42.26 of the Tax Code. This change is significant as it shifts the burden from property owners to appraisal districts, thereby potentially aiding property owners in tax disputes. This legislative move is positioned to provide greater protection to taxpayers in property valuation disputes against the assertions of appraisal districts.

Contention

While the bill has garnered support from property owners, it may face contention from appraisal districts and other stakeholders in the tax assessment community. Critics might argue that the shift in the burden of proof could complicate the appraisal process and lead to increased litigation. There could be concerns that this change may place an undue burden on local governments and appraisal offices, particularly if they are unable to meet the new requirements in a cost-effective manner. There may also be debate about the potential implications for local tax revenue, depending on how frequently property owners choose to appeal their valuations under the new standard.