By: Ellis S.B. No. 2366
A BILL TO BE ENTITLED
AN ACT
relating to incorrect or unequal appraised value of a property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 25.25(d) and (h), Tax Code are amended
to read as follows:
(d) At any time prior to the date the taxes become
delinquent, a property owner or the chief appraiser may file a
motion with the appraisal review board to change the appraisal roll
to correct an error that resulted in an incorrect or unequal
appraised value for the owner's property. However, the error may
not be corrected unless it resulted in an appraised value that
exceeds by more than one-third the correct appraised value. If the
appraisal roll is changed under this subsection, the property owner
must pay to each affected taxing unit a late-correction penalty
equal to 10 percent of the amount of taxes as calculated on the
basis of the corrected appraised value. Payment of the
late-correction penalty is secured by the lien that attaches to the
property under Section 32.01 and is subject to enforced collection
under Chapter 33. The roll may not be changed under this subsection
if:
(1) the property was the subject of a protest brought
by the property owner under Chapter 41, a hearing on the protest was
conducted in which the property owner offered evidence or argument,
and the appraisal review board made a determination of the protest
on the merits; or
(2) the appraised value of the property was
established as a result of a written agreement between the property
owner or the owner's agent and the appraisal district.
(h) The appraisal review board, on the joint motion of the
property owner and the chief appraiser filed at any time prior to
the date the taxes become delinquent, shall by written order
correct an error that resulted in an incorrect or unequal appraised
value for the owner's property.
SECTION 2. This Act takes effect September 1, 2009.