88R155 CJC-F
By: Vasut H.B. No. 523
A BILL TO BE ENTITLED
AN ACT
relating to the authority of an appraisal review board to direct
changes in the appraisal roll and related appraisal records if a
residence homestead is sold for less than the appraised value.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.25, Tax Code, is amended by adding
Subsection (c-2) and amending Subsections (e), (l), and (m) to read
as follows:
(c-2) The appraisal review board, on motion of the chief
appraiser or of a property owner, may direct by written order
changes in the appraisal roll or related records as provided by this
subsection. The board may order the appraised value of the owner's
property in the current tax year and either of the two preceding tax
years to be changed to the sales price of the property in the
current tax year if, for each tax year for which the change is to be
made:
(1) the property qualifies as that owner's residence
homestead;
(2) the sales price of the property is at least 10
percent less than the appraised value of the property; and
(3) the board makes a finding that the sales price
reflects the market value of the property.
(e) If the chief appraiser and the property owner do not
agree to the correction before the 15th day after the date the
motion is filed, a party bringing a motion under Subsection (c),
(c-1), (c-2), or (d) is entitled on request to a hearing on and a
determination of the motion by the appraisal review board. A party
bringing a motion under this section must describe the error or
errors or other matter that the motion is seeking to correct. If a
request for hearing is made on or after January 1 but
before September 1, the appraisal review board shall schedule the
hearing to be held as soon as practicable but not later than the
90th day after the date the board approves the appraisal records as
provided by Section 41.12. If a request for hearing is made on or
after September 1 but before January 1 of the following tax year,
the appraisal review board shall schedule the hearing to be held as
soon as practicable but not later than the 90th day after the date
the request for the hearing is made. Not later than 15 days before
the date of the hearing, the board shall deliver written notice of
the date, time, and place of the hearing to the chief appraiser, the
property owner, and the presiding officer of the governing body of
each taxing unit in which the property is located. The chief
appraiser, the property owner, and each taxing unit are entitled to
present evidence and argument at the hearing and to receive written
notice of the board's determination of the motion. The property
owner is entitled to elect to present the owner's evidence and
argument before, after, or between the cases presented by the chief
appraiser and each taxing unit. A property owner who files the
motion must comply with the payment requirements of Section 25.26
or forfeit the right to a final determination of the motion.
(l) A motion may be filed under Subsection (c) or (c-2)
regardless of whether, for a tax year to which the motion relates,
the owner of the property protested under Chapter 41 an action
relating to the value of the property that is the subject of the
motion.
(m) The hearing on a motion under Subsection (c), (c-1),
(c-2), or (d) shall be conducted in the manner provided by
Subchapter C, Chapter 41.
SECTION 2. The changes in law made by this Act apply only to
a motion to correct an appraisal roll filed on or after the
effective date of this Act. A motion to correct an appraisal roll
filed before the effective date of this Act is governed by the law
in effect on the date the motion was filed, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.