Texas House Bill HB5133

Texas 2023 - 88th Regular

• Filed: 3/10/23

Caption

Relating to a requirement that an appraisal review board rely on an appraisal of residential real property prepared by an appraiser and submitted to the board by the property owner to determine a protest regarding the value of the property.

Impact

The bill's passage would amend the Texas Tax Code to enhance the rights of residential property owners, allowing them to present appraisals performed by certified Texas appraisers. If a property owner submits such an appraisal prior to a hearing, the appraisal review board is required to rule in favor of the property owner, overturning the appraisal district's valuation if it falls short of this evidence. This reform is intended to address concerns over current mass appraisal practices that many homeowners claim are insufficiently individualized.

Summary

House Bill 5133 focuses on reforming the process by which property owners can contest property tax appraisals in Texas. It mandates that appraisal review boards consider independent appraisals submitted by property owners when determining the value of a property during a protest. This is a significant shift aimed at improving the experience of homeowners who often feel that mass appraisal methods do not accurately reflect the value of their properties.

Sentiment

The sentiment surrounding HB 5133 appears to be generally supportive among property owners, as it provides them with additional power and resources to contest appraisals they view as unjust. However, some concerns have been raised by entities such as the Texas Association of Appraisal Districts, which highlight potential complications in the appraisal process that could arise from the bill. They express appreciation for the bill's intent but emphasize the need for caution to avoid undermining the efficiency of the appraisal system.

Contention

One of the notable points of contention revolves around the implications of allowing independent appraisals to influence the decisions of appraisal review boards. Critics worry that this may complicate the appraisal process and lead to inconsistencies in property valuations across districts. Moreover, there are concerns about the potential for conflicts of interest if appraisers affiliated with tax consulting firms perform these appraisals. The discussions indicate a need for balance between property owners' rights to fair valuation and maintaining a streamlined, standardized appraisal process.

Texas Constitutional Statutes Affected

Tax Code

• Chapter 41. Local Review
  • Section: New Section

Penal Code

• Chapter 37. Perjury And Other Falsification
  • Section: 10

Occupations Code

• Chapter 1103. Real Estate Appraisers
  • Section: New Section