Texas House Bill HB3310

Texas 2009 - 81st Regular

• Out of House Committee: 5/11/09

Caption

Relating to the award of attorney's fees in a judicial appeal of certain ad valorem tax determinations.

Impact

The bill's amendments to Sections 42.225 and 42.29 of the Tax Code are designed to specifically help property owners in tax appeals by potentially reducing their financial burden associated with legal fees. If enacted, the provisions would facilitate a clearer path for appealing tax determinations, further encouraging property owners to pursue their rights without the fear of incurring excessive legal debts. This could lead to increased participation in the appeals process, especially for those property owners who may have been previously deterred by the associated costs.

Summary

House Bill 3310 seeks to amend sections of the Texas Tax Code relating to the award of attorney's fees for property owners who appeal ad valorem tax determinations. The proposed changes would establish conditions under which property owners could be awarded reasonable attorney's fees if they win their appeal at trial, provided that the outcome does not exceed the valuation established in an earlier arbitration. This bill effectively promotes nonbinding arbitration by ensuring that the verdict reached in the trial aligns with earlier arbitration findings.

Contention

There is potential contention surrounding this bill, particularly regarding the implications of limiting attorney fees to a more structured system. Supporters of the bill argue that it fosters fairness and accessibility within the tax appeal system, thereby giving property owners better opportunities to contest their tax appraisals. Opponents, however, might raise concerns around the fairness of such evaluations and whether the revised terms adequately account for the complexities that property owners face in navigating legal challenges to taxation, which could significantly impact their rights.