By: Guillen (Senate Sponsor - Uresti) H.B. No. 2282
(In the Senate - Received from the House May 13, 2015;
May 14, 2015, read first time and referred to Committee on Finance;
May 21, 2015, reported favorably by the following vote: Yeas 10,
Nays 2; May 21, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the procedures for protests and appeals of certain ad
valorem tax determinations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 41.45(b), Tax Code, is amended to read as
follows:
(b) The property owner initiating the protest is entitled to
an opportunity to appear to offer evidence or argument. The
property owner may offer the owner's [his] evidence or argument by
affidavit without personally appearing if the owner [he] attests to
the affidavit before an officer authorized to administer oaths and
submits the affidavit to the board hearing the protest before it
begins the hearing on the protest. On receipt of an affidavit, the
board shall notify the chief appraiser. The chief appraiser [may
inspect the affidavit and] is entitled to a copy of the affidavit on
request. The board and the chief appraiser shall review the
evidence or argument provided by the property owner before the
hearing on the protest.
SECTION 2. Chapter 42, Tax Code, is amended by adding
Subchapter B-1 to read as follows:
SUBCHAPTER B-1. APPEALS FROM APPRAISAL REVIEW BOARD DETERMINATIONS
IN CERTAIN COUNTIES
Sec. 42.35. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to the appeal of an order issued by an appraisal review
board that is located in a county:
(1) that has a population of less than 45,500;
(2) that shares a border with a county that has a
population of 1.5 million or more and is within 200 miles of an
international border; and
(3) through which the Atascosa River flows.
Sec. 42.36. APPEALS TO JUSTICE COURT. (a) As an
alternative to bringing an appeal under Section 42.01(a)(1) to a
district court as provided by Subchapter B, a property owner may
bring the appeal to a justice court if:
(1) the appeal relates only to a determination of
appraised value or eligibility for an exemption from taxation; and
(2) the amount of taxes due on the portion of the
taxable value of the property that is in dispute, calculated using
the preceding year's tax rates, is $10,000 or less.
(b) Venue of an action brought under Section 42.01(a)(1) in
justice court is in any justice precinct in the county in which the
appraisal review board that issued the order appealed is located.
(c) If the justice court determines that the justice court
does not have jurisdiction of the appeal, the court shall dismiss
the appeal. In that event, the property owner may appeal the order
to a district court by filing a petition for review with the
district court not later than the 30th day after the date of the
dismissal.
(d) Sections 42.21, 42.23, 42.24, 42.25, and 42.26 apply to
an appeal brought under Section 42.01(a)(1) to a justice court in
the same manner as those sections apply to an appeal brought under
Section 42.01(a)(1) to a district court.
Sec. 42.37. REPRESENTATION IN JUSTICE COURT. In an appeal
brought under Section 42.01(a)(1) to a justice court, an appraisal
district may be, but is not required to be, represented by legal
counsel.
Sec. 42.38. JUSTICE COURT JUDGMENT NOT APPEALABLE. The
final judgment of a justice court in an appeal to the justice court
brought under Section 42.01(a)(1) may not be appealed by any
person.
SECTION 3. The change in law made by this Act applies to the
appeal of an order of an appraisal review board without regard to
whether the order was issued before the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2015.
* * * * *