Texas 2019 - 86th Regular

Texas Senate Bill SB1428

Caption

Relating to the authority of a property owner to bring suit to compel an appraisal district, chief appraiser, or appraisal review board to comply with a procedural requirement applicable to an ad valorem tax protest.

Impact

The implementation of SB1428 represents a significant alteration of the existing landscape for property tax protests in Texas. By allowing property owners to enforce compliance through litigation, the bill intends to enhance fairness and accountability within appraisal districts. This could lead to increased transparency in the tax appraisal process, possibly resulting in more property owners feeling empowered to challenge appraisals they deem unfair. The bill responds to prior community concerns about the lack of recourse available to property owners facing what they see as procedural oversights by appraisal authorities.

Summary

SB1428 addresses the procedural rights of property owners in Texas concerning ad valorem tax protests. The bill grants property owners the authority to file a lawsuit against an appraisal district, chief appraiser, or appraisal review board to compel compliance with procedural requirements pertaining to their tax protest. This is aimed at ensuring that local appraisal authorities follow mandated procedures during the tax protest process and that property owners have a recourse if they believe those procedures are not being upheld.

Sentiment

The sentiment surrounding SB1428 is generally supportive among property owners and advocacy groups who view this legislation as a protective measure for taxpayers. Proponents argue that the bill levels the playing field, providing property owners necessary tools to ensure compliance from appraisal districts. However, there is some apprehension among local officials and appraisal authorities who fear that the bill could lead to an increase in litigation and the administrative burden that comes along with it.

Contention

Notable points of contention arise around the potential for this bill to alter the relationship between property owners and appraisal districts significantly. Critics are concerned that empowering property owners to sue could result in more adversarial interactions and possible overreach against appraisal authorities. Additionally, the lack of discovery in these lawsuits, as stipulated by the bill, raises concerns among some stakeholders about the fairness of the process, as it limits the ability of appraisal districts to defend themselves effectively in court.

Companion Bills

TX HB1745

Same As Relating to the authority of a property owner to bring suit to compel an appraisal district, chief appraiser, or appraisal review board to comply with a procedural requirement applicable to an ad valorem tax protest.

Similar Bills

TX HB988

Relating to ad valorem taxation; creating a criminal offense.

TX HB1713

Relating to reimbursing property owners in certain counties for damages caused by certain criminal activities; authorizing a fee.

CA AB2350

Unclaimed property.

CA AB1130

Heavy equipment rentals.

CA SB675

Property taxation: monthly installment payments.

CA AB308

Procedures for litigation.

CA SB454

Child support: enforcement.

CA AB2198

Unclaimed property: secure payment of claims.