| 1 | 1 | | 85R1391 CJC-F |
|---|
| 2 | 2 | | By: Buckingham S.B. No. 987 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the authority of an appraisal review board to direct |
|---|
| 8 | 8 | | changes in the appraisal roll and related appraisal records if a |
|---|
| 9 | 9 | | residence homestead is sold for less than the appraised value. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 25.25, Tax Code, is amended by adding |
|---|
| 12 | 12 | | Subsection (c-1) and amending Subsections (e), (l), and (m) to read |
|---|
| 13 | 13 | | as follows: |
|---|
| 14 | 14 | | (c-1) The appraisal review board, on motion of the chief |
|---|
| 15 | 15 | | appraiser or of a property owner, may direct by written order |
|---|
| 16 | 16 | | changes in the appraisal roll or related records as provided by this |
|---|
| 17 | 17 | | subsection. The board may order the appraised value of the owner's |
|---|
| 18 | 18 | | property in the current tax year and either of the two preceding tax |
|---|
| 19 | 19 | | years to be changed to the sales price of the property in the |
|---|
| 20 | 20 | | current tax year if, for each tax year for which the change is to be |
|---|
| 21 | 21 | | made: |
|---|
| 22 | 22 | | (1) the property qualifies as that owner's residence |
|---|
| 23 | 23 | | homestead; |
|---|
| 24 | 24 | | (2) the sales price of the property is at least 10 |
|---|
| 25 | 25 | | percent less than the appraised value of the property; and |
|---|
| 26 | 26 | | (3) the board makes a finding that the sales price |
|---|
| 27 | 27 | | reflects the market value of the property. |
|---|
| 28 | 28 | | (e) If the chief appraiser and the property owner do not |
|---|
| 29 | 29 | | agree to the correction before the 15th day after the date the |
|---|
| 30 | 30 | | motion is filed, a party bringing a motion under Subsection (c), |
|---|
| 31 | 31 | | (c-1), or (d) is entitled on request to a hearing on and a |
|---|
| 32 | 32 | | determination of the motion by the appraisal review board. A party |
|---|
| 33 | 33 | | bringing a motion under this section must describe the error or |
|---|
| 34 | 34 | | errors or other matter that the motion is seeking to correct. Not |
|---|
| 35 | 35 | | later than 15 days before the date of the hearing, the board shall |
|---|
| 36 | 36 | | deliver written notice of the date, time, and place of the hearing |
|---|
| 37 | 37 | | to the chief appraiser, the property owner, and the presiding |
|---|
| 38 | 38 | | officer of the governing body of each taxing unit in which the |
|---|
| 39 | 39 | | property is located. The chief appraiser, the property owner, and |
|---|
| 40 | 40 | | each taxing unit are entitled to present evidence and argument at |
|---|
| 41 | 41 | | the hearing and to receive written notice of the board's |
|---|
| 42 | 42 | | determination of the motion. A property owner who files the motion |
|---|
| 43 | 43 | | must comply with the payment requirements of Section 25.26 or |
|---|
| 44 | 44 | | forfeit the right to a final determination of the motion. |
|---|
| 45 | 45 | | (l) A motion may be filed under Subsection (c) or (c-1) |
|---|
| 46 | 46 | | regardless of whether, for a tax year to which the motion relates, |
|---|
| 47 | 47 | | the owner of the property protested under Chapter 41 an action |
|---|
| 48 | 48 | | relating to the value of the property that is the subject of the |
|---|
| 49 | 49 | | motion. |
|---|
| 50 | 50 | | (m) The hearing on a motion under Subsection (c), (c-1), or |
|---|
| 51 | 51 | | (d) shall be conducted in the manner provided by Subchapter C, |
|---|
| 52 | 52 | | Chapter 41. |
|---|
| 53 | 53 | | SECTION 2. The changes in law made by this Act apply only to |
|---|
| 54 | 54 | | a motion to correct an appraisal roll filed on or after the |
|---|
| 55 | 55 | | effective date of this Act. A motion to correct an appraisal roll |
|---|
| 56 | 56 | | filed before the effective date of this Act is governed by the law |
|---|
| 57 | 57 | | in effect on the date the motion was filed, and the former law is |
|---|
| 58 | 58 | | continued in effect for that purpose. |
|---|
| 59 | 59 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 60 | 60 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 61 | 61 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 62 | 62 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 63 | 63 | | Act takes effect September 1, 2017. |
|---|