Texas 2023 - 88th Regular

Texas House Bill HB2488

Filed
2/17/23  
Out of House Committee
4/21/23  
Voted on by House
4/28/23  
Out of Senate Committee
5/21/23  
Voted on by Senate
5/23/23  
Governor Action
6/13/23  

Caption

Relating to the burden of proof in certain ad valorem tax appeals.

Impact

The enactment of HB 2488 is likely to shift the existing balance in property tax disputes, potentially offering greater protections for property owners. Critics of the bill highlight concerns that it may impose an undue burden on appraisal districts, possibly leading to increased costs passed on to taxpayers. Furthermore, the bill aims to reduce what some argue is a current inequity in the appraisal process, where the burden of proof can fall disproportionately on taxpayers who contest their appraisals.

Summary

House Bill 2488 introduces significant changes to the burden of proof in ad valorem tax appeals in Texas. Under this bill, if a taxpayer successfully protests their property appraisal and gets the valuation lowered, the appraisal district must provide clear and convincing evidence to justify any subsequent increase in that valuation. This alteration can directly impact the dynamics between taxpayers and appraisal districts, making it more challenging for the districts to raise property values after a successful appeal. The Bill is set to take effect on September 1, 2023.

Sentiment

Sentiment around HB 2488 is mixed. Supporters argue that it provides necessary safeguards for taxpayers and promotes fairness in the taxation process. They contend that the bill is a step forward in ensuring that appraisal districts are accountable for justified increases in property values. However, opponents warn that the bill could lead to additional complexities and challenges within the taxation system, straining the already limited resources of appraisal districts, which may in turn affect taxpayer services and local governmental functions.

Contention

The primary contention surrounding HB 2488 lies in the debate on whether the bill will effectively enhance taxpayer rights or inadvertently complicate the administration of property taxes. Testimonies from various stakeholders indicate a divide between those advocating for stronger taxpayer protections and those who perceive the bill as potentially undermining the efficiency and capacity of appraisal districts. The legislative discussions reflect a broader tension in balancing the rights of taxpayers with the operational realities of property assessment and taxation.

Texas Constitutional Statutes Affected

Tax Code

  • Chapter 42. Judicial Review
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 41. Local Review
    • Section: New Section
    • Section: 43
  • Chapter 25. Local Appraisal
    • Section: 025
  • Chapter 23. Appraisal Methods And Procedures
    • Section: 01

Companion Bills

TX SB2167

Identical Relating to the burden of proof in a trial de novo appeal of the appraised value of property.

Previously Filed As

TX SB2167

Relating to the burden of proof in a trial de novo appeal of the appraised value of property.

Similar Bills

No similar bills found.