| 1 | 1 | | By: Ellis S.B. No. 2366 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to incorrect or unequal appraised value of a property. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Sections 25.25(d) and (h), Tax Code are amended |
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| 9 | 9 | | to read as follows: |
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| 10 | 10 | | (d) At any time prior to the date the taxes become |
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| 11 | 11 | | delinquent, a property owner or the chief appraiser may file a |
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| 12 | 12 | | motion with the appraisal review board to change the appraisal roll |
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| 13 | 13 | | to correct an error that resulted in an incorrect or unequal |
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| 14 | 14 | | appraised value for the owner's property. However, the error may |
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| 15 | 15 | | not be corrected unless it resulted in an appraised value that |
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| 16 | 16 | | exceeds by more than one-third the correct appraised value. If the |
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| 17 | 17 | | appraisal roll is changed under this subsection, the property owner |
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| 18 | 18 | | must pay to each affected taxing unit a late-correction penalty |
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| 19 | 19 | | equal to 10 percent of the amount of taxes as calculated on the |
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| 20 | 20 | | basis of the corrected appraised value. Payment of the |
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| 21 | 21 | | late-correction penalty is secured by the lien that attaches to the |
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| 22 | 22 | | property under Section 32.01 and is subject to enforced collection |
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| 23 | 23 | | under Chapter 33. The roll may not be changed under this subsection |
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| 24 | 24 | | if: |
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| 25 | 25 | | (1) the property was the subject of a protest brought |
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| 26 | 26 | | by the property owner under Chapter 41, a hearing on the protest was |
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| 27 | 27 | | conducted in which the property owner offered evidence or argument, |
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| 28 | 28 | | and the appraisal review board made a determination of the protest |
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| 29 | 29 | | on the merits; or |
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| 30 | 30 | | (2) the appraised value of the property was |
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| 31 | 31 | | established as a result of a written agreement between the property |
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| 32 | 32 | | owner or the owner's agent and the appraisal district. |
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| 33 | 33 | | (h) The appraisal review board, on the joint motion of the |
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| 34 | 34 | | property owner and the chief appraiser filed at any time prior to |
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| 35 | 35 | | the date the taxes become delinquent, shall by written order |
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| 36 | 36 | | correct an error that resulted in an incorrect or unequal appraised |
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| 37 | 37 | | value for the owner's property. |
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| 38 | 38 | | SECTION 2. This Act takes effect September 1, 2009. |
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