Texas 2025 - 89th Regular

Texas House Bill HB2432 Compare Versions

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11 By: Guillen H.B. No. 2432
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66 A BILL TO BE ENTITLED
77 AN ACT
88 relating to ad valorem taxation.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 1151.152, Occupations Code, is amended
1111 by adding Subsections (a) and (b) to read as follows:
1212 Sec. 1151.152. ELIGIBILITY FOR REGISTRATION. (a) Subject
1313 to Subsection (b), to [To] be eligible for registration, an
1414 applicant must:
1515 (1) be at least 18 years of age;
1616 (2) reside in this state;
1717 (3) be of good moral character;
1818 (4) be a graduate of an accredited high school or
1919 establish high school graduation equivalency; and
2020 (5) be actively engaged in appraisal, assessment, or
2121 collection.
2222 (b) An applicant who is a person described by Section
2323 1151.151(1) or (2), other than a chief appraiser of an appraisal
2424 district or a person who holds a license or certification as an
2525 appraiser under Chapter 1103, must, in addition to the requirements
2626 of Subsection (a), complete educational qualifications approved by
2727 the department that are substantially similar to the educational
2828 qualifications for licensing as an appraiser trainee under Chapter
2929 1103.
3030 SECTION 2. Section 403.302, Government Code, is amended by
3131 amending Subsection (a) and adding Subsection (b-1) to read as
3232 follows:
3333 (a) The comptroller shall conduct a study using comparable
3434 sales and generally accepted auditing and sampling techniques to
3535 determine the total taxable value of all property in each school
3636 district. The study shall determine the taxable value of all
3737 property and of each category of property in the district and the
3838 productivity value of all land that qualifies for appraisal on the
3939 basis of its productive capacity and for which the owner has applied
4040 for and received a productivity appraisal. In each study, the
4141 comptroller shall determine the taxable value of every category of
4242 property in the district. The comptroller may not decline to study
4343 a category of property unless the district does not have any
4444 property in that category. The comptroller shall make appropriate
4545 adjustments in the study to account for actions taken under Chapter
4646 49, Education Code.
4747 (b-1) If the comptroller conducts a physical inspection of a
4848 property in connection with a study, the appraisal district that
4949 appraises property for the school district is entitled to have a
5050 representative present during the inspection. The comptroller must
5151 provide notice of the inspection to the appraisal district not
5252 later than the 14th day before the date the inspection occurs.
5353 SECTION 3. Section 1.111, Tax Code, is amended by amending
5454 Subsection (d) and adding Subsection (d-1) to read as follows:
5555 (d) Except as provided by Subsection (d-1), a [A] property
5656 owner may not designate more than one agent to represent the
5757 property owner in connection with an item of property. The
5858 designation of an agent in connection with an item of property
5959 revokes any previous designation of an agent in connection with
6060 that item of property.
6161 (d-1) A property owner may designate a different agent to
6262 represent the property owner in connection with an item of property
6363 in a different tax year without revoking any previous designation
6464 of an agent in connection with the same item of property in a
6565 previous tax year.
6666 SECTION 4. Section 5.07, Tax Code, is amended by adding
6767 Subsection (k) to read as follows:
6868 (k) The comptroller shall prescribe the form that an
6969 appraisal review board shall use to make a determination required
7070 to be made by written order under this title. The form must require
7171 an appraisal review board to include for the property subject to the
7272 order the property owner's name, the property's identification
7373 number, the property's legal description and physical address, and
7474 any other information the comptroller determines necessary. The
7575 comptroller shall post the form on the comptroller's Internet
7676 website.
7777 SECTION 5. Section 6.052, Tax Code, is amended by adding
7878 Subsection (a-1) to read as follows:
7979 (a-1) Notwithstanding the requirements of Subsection (a),
8080 the chief appraiser of an appraisal district shall designate an
8181 independent ombudsman to provide free assistance to property owners
8282 who are 65 years of age or older in connection with motions to
8383 correct an appraisal roll Section 25.25, or protests under
8484 Subchapter C, Chapter 41.
8585 SECTION 6. Section 11.161, Tax Code, is amended by adding
8686 Subsections (c) and (d) to read as follows:
8787 (c) For purposes of Subsection (a), farm or ranch products
8888 may be produced by hydroponic farming.
8989 (d) For purposes of Subsection (a), buildings and
9090 greenhouses used for the growth or production of hydroponic farming
9191 products at a hydroponic farm facility are considered to be
9292 implements of husbandry.
9393 SECTION 7. Section 11.24, Tax Code, is amended by adding
9494 Subsection (c) to read as follows:
9595 (c) For purposes of a structure or archeological site and
9696 land subject to an exemption under this section, the property owner
9797 may protest the appraised value of the structure or archeological
9898 site and the appraised value of the land separately. A property
9999 owner may protest the allocation of appraised value between the
100100 structure or archeological site and the land.
101101 SECTION 8. Section 11.43(i), Tax Code, is amended to read as
102102 follows:
103103 (i) If the chief appraiser discovers that an exemption that
104104 is not required to be claimed annually has been erroneously allowed
105105 in any one of the three [five] preceding years for real property, or
106106 in either of the two preceding years for personal property, the
107107 chief appraiser shall add the property or appraised value that was
108108 erroneously exempted for each year to the appraisal roll as
109109 provided by Section 25.21 of this code for other property that
110110 escapes taxation. If an exemption that was erroneously allowed did
111111 not apply to all taxing units in which the property was located, the
112112 chief appraiser shall note on the appraisal records, for each prior
113113 year, the taxing units that gave the exemption and are entitled to
114114 impose taxes on the property or value that escaped taxation.
115115 SECTION 9. Section 11.4391(b), Tax Code, is amended to read
116116 as follows:
117117 (b) If the application is approved, the property owner is
118118 liable to each taxing unit allowing the exemption for a penalty in
119119 an amount equal to 10 percent of the difference between the amount
120120 of tax imposed by the taxing unit on the inventory or property, a
121121 portion of which consists of freeport goods, and the amount that
122122 would otherwise have been imposed up to a maximum penalty of 10
123123 percent of the tax imposed with the exemption.
124124 SECTION 10. Subchapter C, Chapter 11, Tax Code, is amended
125125 by adding Section 11.4392 to read as follows:
126126 Sec. 11.4392. LATE APPLICATION FOR PROPERTY EXEMPTED FROM
127127 TAXATION BY AGREEMENT. The chief appraiser shall accept and
128128 approve or deny an application for an exemption a person is entitled
129129 to receive under Section 11.28 or an agreement entered into under
130130 Chapter 312 after the deadline for filing it has passed if it is
131131 filed on or before June 15.
132132 SECTION 11. Section 21.10(b), Tax Code, is amended to read
133133 as follows:
134134 (b) If the application is approved, the property owner is
135135 liable to each taxing unit for a penalty in an amount equal to 10
136136 percent of the difference between the amount of tax imposed by the
137137 taxing unit on the property without the allocation and the amount of
138138 tax imposed on the property with the allocation up to a maximum
139139 penalty of 10 percent of the tax imposed with the allocation.
140140 SECTION 12. Section 22.27(a), Tax Code, is amended to read
141141 as follows:
142142 (a) Rendition statements, real and personal property
143143 reports, attachments to those statements and reports, and other
144144 information the owner of property provides to the appraisal office
145145 in connection with the appraisal of the property, including income
146146 and expense information related to a property filed with an
147147 appraisal office and information voluntarily disclosed to an
148148 appraisal office or the comptroller about real or personal property
149149 sales prices [after a promise it will be held confidential], are
150150 confidential and not open to public inspection. The statements and
151151 reports and the information they contain about specific real or
152152 personal property or a specific real or personal property owner and
153153 information voluntarily disclosed to an appraisal office about real
154154 or personal property sales prices [after a promise it will be held
155155 confidential] may not be disclosed to anyone other than an employee
156156 of the appraisal office who appraises property except as authorized
157157 by Subsection (b) of this section.
158158 SECTION 13. Section 22.28, Tax Code, is amended by amending
159159 the title and Subsections (a) and (b) to read as follows:
160160 Sec. 22.28 PENALTY FOR DELINQUENT RENDITION OR REPORT;
161161 PENALTY COLLECTION PROCEDURES. (a) Except as otherwise provided
162162 by Section 22.30, the chief appraiser shall impose a penalty on a
163163 person who fails to timely file a rendition statement or property
164164 report required by this chapter in an amount equal to five [10]
165165 percent of the total amount of taxes imposed on the property for
166166 that year by taxing units participating in the appraisal district.
167167 The chief appraiser shall deliver by first class mail a notice of
168168 the imposition of the penalty to the person. The notice may be
169169 delivered with, but not included in, a notice of appraised value
170170 provided under Section 25.19, if practicable.
171171 (b) The chief appraiser shall certify to the assessor for
172172 each taxing unit participating in the appraisal district that
173173 imposes taxes on the property that a penalty imposed under this
174174 chapter has become final. The assessor shall add the amount of the
175175 penalty to the original amount of tax imposed on the property and
176176 shall include the penalty as a separate line item entitled "PENALTY
177177 FOR DELINQUENT RENDITION OR REPORT"that amount in the tax bill for
178178 that year. The penalty becomes part of the tax on the property and
179179 is secured by the tax lien that attaches to the property under
180180 Section 32.01.
181181 SECTION 14. Section 22.30, Tax Code, is amended by adding
182182 Subsection (a-2) to read as follows:
183183 (a-2) The chief appraiser shall waive the penalty imposed by
184184 Section 22.28 if the property owner has not previously filed a
185185 delinquent rendition statement or property report for that parcel
186186 of property.
187187 SECTION 15. Section 23.01, Tax Code, is amended by amending
188188 Subsection (f) and adding Subsection (d-1) to read as follows:
189189 (d-1) The market value of a residential property or vacant
190190 lot that is adjacent only to other residential properties, or a
191191 combination of residential properties and vacant lots, shall be
192192 determined solely on the basis of the property's value as a
193193 residential property, regardless of whether:
194194 (1) the property could legally be used for another
195195 purpose; or
196196 (2) the residential use of the property is considered
197197 to be the highest and best use of the property.
198198 (f) The selection of comparable properties and the
199199 application of appropriate adjustments for the determination of an
200200 appraised value of property by any person under Section 41.43(b)(3)
201201 or (4) or 42.26(a)(3) or (4) must be based on the application of
202202 generally accepted appraisal methods and techniques. Adjustments
203203 must be based on recognized methods and techniques that are
204204 necessary to produce a credible opinion.
205205 SECTION 16. Section 23.51(2), Tax Code, is amended to read
206206 as follows:
207207 (2) "Agricultural use" includes but is not limited to
208208 the following activities: cultivating the soil, producing crops for
209209 human food, animal feed, or planting seed or for the production of
210210 fibers; floriculture, viticulture, and horticulture; raising or
211211 keeping livestock; raising or keeping exotic animals for the
212212 production of human food or of fiber, leather, pelts, or other
213213 tangible products having a commercial value; planting cover crops
214214 or leaving land idle for the purpose of participating in a
215215 governmental program, provided the land is not used for residential
216216 purposes or a purpose inconsistent with agricultural use; and
217217 planting cover crops or leaving land idle in conjunction with
218218 normal crop or livestock rotation procedure. The term also
219219 includes the use of land to produce or harvest logs and posts for
220220 the use in constructing or repairing fences, pens, barns, or other
221221 agricultural improvements on adjacent qualified open-space land
222222 having the same owner and devoted to a different agricultural use.
223223 The term also includes the use of land for wildlife management. The
224224 term also includes the use of land to raise or keep bees for
225225 pollination or for the production of human food or other tangible
226226 products having a commercial value, provided that the land used is
227227 not less than 5 or more than 20 acres. The term also includes the
228228 use of land for hydroponic farming.
229229 SECTION 17. Section 23.52, Tax Code, is amended by adding
230230 Subsection (h) to read as follows:
231231 (h) The chief appraiser may appraise a portion of a parcel
232232 of land according to this chapter if the portion qualifies for
233233 appraisal under this subchapter but the remainder of the parcel
234234 does not.
235235 SECTION 18. Subchapter D, Chapter 23, Tax Code, is amended
236236 by adding Section 23.527 to read as follows:
237237 Sec. 23.527. ELIGIBILITY OF LAND PREVIOUSLY DEVOTED TO
238238 SOLAR OR WIND POWER FACILITY. (a) In this section:
239239 (1) "Solar power facility" has the meaning assigned by
240240 Section 302.0001, Utilities Code.
241241 (2) "Wind power facility" has the meaning assigned by
242242 Section 301.0001, Utilities Code.
243243 (b) This section applies only to land:
244244 (1) that was previously appraised as qualified
245245 open-space land as provided by this subchapter;
246246 (2) that became ineligible for appraisal as provided
247247 by this subchapter due to a change of use caused by the development
248248 of a solar power facility or a wind power facility on the land;
249249 (3) on which the solar power facility or wind power
250250 facility described by Subdivision (2) is no longer in operation;
251251 and
252252 (4) that is currently devoted principally to
253253 agricultural use to the degree of intensity generally accepted in
254254 the area.
255255 (c) Notwithstanding any other provision of this subchapter,
256256 land described by Subsection (b) is qualified open-space land.
257257 SECTION 19. Section 25.19(f), Tax Code, is amended to read
258258 as follows:
259259 (f) In the notice of appraised value for real property, the
260260 chief appraiser shall list separately:
261261 (1) the market value of the land; [and]
262262 (2) the market value of each structure and other
263263 improvement identified in the notice; and
264264 (3) the total market value of the structures and other
265265 improvements on the property.
266266 SECTION 20. Section 25.25, Tax Code, is amended by adding
267267 Subsection (q) to read as follows:
268268 (q) An appraisal review board shall issue a written order
269269 under this section using the form prescribed by the comptroller
270270 under Section 5.07(k).
271271 SECTION 21. Chapter 25, Tax Code, is amended by adding
272272 Section 25.255 to read as follows:
273273 Sec. 25.255. EXACT CORRECTION OF ROLL. A chief appraiser
274274 that corrects the appraisal roll to include the appraised value of
275275 property, including as determined by an appraisal review board
276276 under Chapter 25.25 or Chapter 41, or a district court under Chapter
277277 42, must correct the roll to show the exact dollar amount of the new
278278 appraised value.
279279 SECTION 22. Section 26.09, Tax Code, is amended by amending
280280 Subsection (d) and adding Subsection (d-3) to read as follows:
281281 (d) If a property is subject to taxation for a prior year in
282282 which it escaped taxation, the assessor shall calculate the tax for
283283 each year separately. In calculating the tax, the assessor shall
284284 use the assessment ratio and tax rate in effect in the taxing unit
285285 for the year for which back taxes are being imposed. Except as
286286 provided by Subsections [Subsection] (d-1) and (d-3), the amount of
287287 back taxes due incurs interest calculated at the rate provided by
288288 Section 33.01(c) from the date the tax would have become delinquent
289289 had the tax been imposed in the proper tax year.
290290 (d-3) Back taxes assessed under Subsection (d) on property a
291291 chief appraiser discovers was omitted from an appraisal roll under
292292 Section 25.21 do not incur interest as required by Subsection (d).
293293 SECTION 23. Section 26.17(b) and (e), Tax Code, are amended
294294 to read as follows:
295295 (b) The database must include, with respect to each property
296296 listed on the appraisal roll for the appraisal district:
297297 (1) the property's identification number;
298298 (2) the property's market value;
299299 (3) the market value of each structure and other
300300 improvement located on the property that is identified in the
301301 notice of appraised value under Section 25.19;
302302 (4) the property's taxable value;
303303 (5) [(4)] the name of each taxing unit in which the
304304 property is located;
305305 (6) [(5)] for each school district in which the
306306 property is located:
307307 (A) the no-new-revenue tax rate; and
308308 (B) the voter-approval tax rate;
309309 (7) [(6)] for each school district in which the
310310 property is located:
311311 (A) the tax rate that would maintain the same
312312 amount of state and local revenue per student that the district
313313 received in the school year beginning in the preceding tax year; and
314314 (B) the voter-approval tax rate;
315315 (8) [(7)] the tax rate proposed by the governing body
316316 of each taxing unit in which the property is located;
317317 (9) [(8)] for each taxing unit other than a school
318318 district in which the property is located, the taxes that would be
319319 imposed on the property if the taxing unit adopted a tax rate equal
320320 to:
321321 (A) the no-new revenue tax rate; and
322322 (B) the proposed tax rate;
323323 (10) [(9)] for each school district in which the
324324 property is located, the taxes that would be imposed on the property
325325 if the district adopted a tax rate equal to:
326326 (A) the tax rate that would maintain the same
327327 amount of state and local revenue per student that the district
328328 received in the school year beginning in the preceding tax year; and
329329 (B) the proposed tax rate;
330330 (11) [(10)] for each taxing unit other than a school
331331 district in which the property is located, the difference between
332332 the amount calculated under Subdivision (9)(A) [(8)(A)] and the
333333 amount calculated under Subdivision (9)(B) [(8)(B)];
334334 (12) [(11)] for each school district in which the
335335 property is located, the difference between the amount calculated
336336 under Subdivision (10)(A) [(9)(A)] and the amount calculated under
337337 Subdivision (10)(B) [(9)(B)];
338338 (13) [(12)] the date, time, and location of the public
339339 hearing, if applicable, on the proposed tax rate to be held by the
340340 governing body of each taxing unit in which the property is located;
341341 (14) [(13)] the date, time, and location of the public
342342 meeting, if applicable, at which the tax rate will be adopted to be
343343 held by the governing body of each taxing unit in which the property
344344 is located; and
345345 (15) [(14)] for each taxing unit in which the property
346346 is located, an e-mail address at which the taxing unit is capable of
347347 receiving written comments regarding the proposed tax rate of the
348348 taxing unit.
349349 (e) The officer or employee designated by the governing body
350350 of each taxing unit in which the property is located to calculate
351351 the no-new-revenue tax rate and the voter-approval tax rate for the
352352 taxing unit must electronically incorporate into the database:
353353 (1) the information described by Subsections (b)(6)
354354 [(b)(5), (6)], (7), (8), [(12), and] (13), and (14), as applicable,
355355 as the information becomes available; and
356356 (2) the tax rate calculation forms prepared under
357357 Section 26.04(d-1) at the same time the designated officer or
358358 employee submits the tax rates to the governing body of the taxing
359359 unit under Section 26.04(e).
360360 SECTION 24. Section 31.01(c), Tax Code, is amended to read
361361 as follows:
362362 (c) The tax bill or a separate statement accompanying the
363363 tax bill shall:
364364 (1) identify the property subject to the tax;
365365 (2) state the appraised value, assessed value, and
366366 taxable value of the property, which must be exact and not rounded
367367 numbers;
368368 (3) if the property is land appraised as provided by
369369 Subchapter C, D, E, or H, Chapter 23, state the market value and the
370370 taxable value for purposes of deferred or additional taxation as
371371 provided by Section 23.46, 23.55, 23.76, or 23.9807, as applicable;
372372 (4) state the assessment ratio for the unit;
373373 (5) state the type and amount of any partial exemption
374374 applicable to the property, indicating whether it applies to
375375 appraised or assessed value;
376376 (6) state the total tax rate for the unit;
377377 (7) state the amount of tax due, the due date, and the
378378 delinquency date;
379379 (8) explain the payment option and discounts provided
380380 by Sections 31.03 and 31.05, if available to the unit's taxpayers,
381381 and state the date on which each of the discount periods provided by
382382 Section 31.05 concludes, if the discounts are available;
383383 (9) state the rates of penalty and interest imposed
384384 for delinquent payment of the tax;
385385 (10) include the name and telephone number of the
386386 assessor for the unit and, if different, of the collector for the
387387 unit;
388388 (11) for real property, state for the current tax year
389389 and each of the preceding five tax years:
390390 (A) the appraised value and taxable value of the
391391 property;
392392 (B) the total tax rate for the unit;
393393 (C) the amount of taxes imposed on the property
394394 by the unit; and
395395 (D) the difference, expressed as a percent
396396 increase or decrease, as applicable, in the amount of taxes imposed
397397 on the property by the unit compared to the amount imposed for the
398398 preceding tax year; [and]
399399 (12) for real property, state the differences,
400400 expressed as a percent increase or decrease, as applicable, in the
401401 following for the current tax year as compared to the fifth tax year
402402 before that tax year:
403403 (A) the appraised value and taxable value of the
404404 property;
405405 (B) the total tax rate for the unit; and
406406 (C) the amount of taxes imposed on the property
407407 by the unit; and
408408 (13) include the appraisal district account number for
409409 the property.
410410 SECTION 25. Section 33.41, Tax Code, is amended by amending
411411 Subsection (a) and adding Subsection (a-1) to read as follows:
412412 Sec. 33.41. SUIT TO COLLECT DELINQUENT TAX. (a) Except as
413413 provided by Subsection (a-1), at [At] any time after its tax on
414414 property becomes delinquent, a taxing unit may file suit to
415415 foreclose the lien securing payment of the tax, to enforce personal
416416 liability for the tax, or both. The suit must be in a court of
417417 competent jurisdiction for the county in which the tax was imposed.
418418 (a-1) A taxing unit may not file suit under Subsection (a)
419419 to collect a delinquent tax owed on a property that is the subject
420420 of a pending motion filed under Section 25.25(c).
421421 SECTION 26. Section 41.07(a), Tax Code, is amended to read
422422 as follows:
423423 (a) The appraisal review board shall determine each
424424 challenge and make its decision by written order using the form
425425 prescribed by the comptroller under Section 5.07(k). The appraisal
426426 review board shall issue a written order to the property owner
427427 immediately upon its determination of the property owner's
428428 challenge.
429429 SECTION 27. Section 41.43(b), Tax Code, is amended to read
430430 as follows:
431431 (b) A protest on the ground of unequal appraisal of property
432432 shall be determined in favor of the protesting party unless the
433433 appraisal district establishes that:
434434 (1) the appraisal ratio of the property is equal to or
435435 less than the median level of appraisal of a reasonable and
436436 representative sample of other properties in the appraisal
437437 district;
438438 (2) the appraisal ratio of the property is equal to or
439439 less than the median level of appraisal of a sample of properties in
440440 the appraisal district consisting of a reasonable number of other
441441 properties similarly situated to, or of the same general kind or
442442 character as, the property subject to the protest; [or]
443443 (3) the appraised value of the property is equal to or
444444 less than the median appraised value of a reasonable number of
445445 comparable properties, appropriately adjusted; or
446446 (4) the appraised value of the property is equal to or
447447 less than 110 percent of the appraised value of the comparable
448448 property, appropriately adjusted, with the lowest appraised value.
449449 SECTION 28. Section 41.45(b), Tax Code, is amended to read
450450 as follows:
451451 (b) A property owner initiating a protest is entitled to
452452 appear in-person to offer evidence or argument, and may not be
453453 denied a hearing at which the property owner and chief appraiser are
454454 both present in-person. A property owner may offer evidence or
455455 argument by affidavit without personally appearing and may appear
456456 by telephone conference call or videoconference to offer argument.
457457 A property owner who appears by telephone conference call or
458458 videoconference must offer any evidence by affidavit. A property
459459 owner must submit an affidavit described by this subsection to the
460460 board hearing the protest before the board begins the hearing on the
461461 protest. On receipt of an affidavit, the board shall notify the
462462 chief appraiser. The chief appraiser may inspect the affidavit and
463463 is entitled to a copy on request.
464464 SECTION 29. Section 41.47(a), Tax Code, is amended to read
465465 as follows:
466466 (a) The appraisal review board hearing a protest shall
467467 determine the protest and make its decision by written order using
468468 the form prescribed by the comptroller under Section 5.07(k).
469469 SECTION 30. Section 41.66(i), Tax Code, is amended to read
470470 as follows:
471471 (i) A hearing on a protest filed by a property owner or the
472472 designated agent of the owner shall be set for a time and date
473473 certain. If the hearing is not commenced within two hours of the
474474 time set for the hearing, the appraisal review board shall postpone
475475 the hearing on the request of the property owner or the designated
476476 agent of the owner. If the property owner or the designated agent
477477 of the owner does not request that the hearing be postponed, the
478478 appraisal review board shall hold the hearing at the earliest
479479 possible time but not later than 24 hours after the time for which
480480 the hearing was originally set.
481481 SECTION 31. Section 41.67, Tax Code, is amended by adding
482482 Subsection (f) to read as follows:
483483 (f) A property owner may submit evidence electronically at
484484 any point before or during a hearing.
485485 SECTION 32. Section 41A.09, Tax Code, is amended by adding
486486 Subsection (f) to read as follows:
487487 (f) The arbitrator may not determine the appraised value of
488488 the property that is the subject of an arbitration to be an amount
489489 greater than the appraised value of the property as shown in the
490490 appraisal records submitted to the appraisal review board by the
491491 chief appraiser under Section 25.22 or 25.23, except as requested
492492 and agreed to by the property owner.
493493 SECTION 33. Section 42.01, Tax Code, is amended by adding
494494 Subsection (d) to read as follows:
495495 (d) Notwithstanding Subsection (a), a person who owned
496496 property at any time during a tax year but no longer owns the
497497 property is entitled to file an appeal under this chapter as if the
498498 person were the current owner of the property, regardless of
499499 whether the person is the person subject to an order described by
500500 that subsection.
501501 SECTION 34. Section 42.21, Tax Code, is amended by amending
502502 Subsections (a), (b), and (c) and adding Subsections (a-1) and
503503 (a-2) to read as follows:
504504 (a) A party who appeals as provided by this chapter must
505505 file a petition for review with the district court not later than
506506 the later of:
507507 (1) the 60th day [within 60 days] after the date the
508508 party receives [received] notice that a final order has been
509509 entered from which the [an] appeal may be had; or
510510 (2) September 1 of the year in which the final order is
511511 entered [at any time after the hearing but before the 60-day
512512 deadline].
513513 (a-1) Subject to Subsection (a), a party may file a petition
514514 for review under this section at any time after:
515515 (1) the protest hearing, regardless of whether the
516516 party has received notice that a final order has been entered;
517517 (2) notifying the appraisal review board that the
518518 chief appraiser and the party have agreed to a disposition of the
519519 protest and requesting the board to issue an agreed order under
520520 Section 41.47(g) or (g-1); or
521521 (3) submitting an affidavit to the board hearing the
522522 protest under Section 41.45(b).
523523 (a-2) Failure to timely file a petition bars any appeal
524524 under this chapter.
525525 (b) [A petition for review brought under Section 42.02 must
526526 be brought against the owner of the property involved in the
527527 appeal.] A petition for review brought under Section 42.031 must be
528528 brought against the appraisal district and against the owner of the
529529 property involved in the appeal. A petition for review brought
530530 under Section 42.01(a)(2) or 42.03 must be brought against the
531531 comptroller. Any other petition for review under this chapter must
532532 be brought against the appraisal district. A petition for review
533533 may not be brought against the appraisal review board. An appraisal
534534 district may hire an attorney that represents the district to
535535 represent the appraisal review board established for the district
536536 to file an answer and obtain a dismissal of a suit filed against the
537537 appraisal review board in violation of this subsection.
538538 (c) If an appeal under this chapter is pending when the
539539 appraisal review board issues an order in a subsequent year under a
540540 protest by the same property owner and that protest relates to the
541541 same property that is involved in the pending appeal, the property
542542 owner may appeal the subsequent appraisal review board order by
543543 amending the original petition for the pending appeal to include
544544 the grounds for appealing the subsequent order. The amended
545545 petition must be filed with the court not later than the 90th day
546546 after the date the property owner receives notice that a final order
547547 has been entered from which an appeal may be had [in the period
548548 provided by Subsection (a) for filing a petition for review of the
549549 subsequent order]. A property owner may appeal the subsequent
550550 appraisal review board order under this subsection or may appeal
551551 the order independently of the pending appeal as otherwise provided
552552 by this section, but may not do both. A property owner may change
553553 the election of remedies provided by this subsection at any time
554554 before the end of the period provided by Subsection (a) for filing a
555555 petition for review.
556556 SECTION 35. Section 42.225, Tax Code, is amended by
557557 amending the title and adding subsection (g) to read as follows:
558558 Sec. 42.225 PROPERTY OWNER'S RIGHT TO APPEAL THROUGH
559559 ARBITRATION AND SOAH.
560560 (g) If within one year of the filing of an appeal in district
561561 court, the court dismisses the appeal on a basis other than a plea
562562 to the jurisdiction or the court sets the case for trial and will
563563 not grant a continuance for a period of at least four months, the
564564 property owner may file an appeal at the State Office of
565565 Administrative Hearings (SOAH) or file for Binding Arbitration
566566 without regard to the jurisdiction limits.
567567 SECTION 36. Section 42.226, Tax Code, is amended to read as
568568 follows:
569569 Sec. 42.226. MEDIATION. (a) On motion by a party to an
570570 appeal under this chapter, the court shall enter an order requiring
571571 the parties to attend mediation. The court may enter an order
572572 requiring the parties to attend mediation on its own motion.
573573 (b) The court may not order mediation to be completed more
574574 than 45 days before the first day of trial.
575575 (c) The court may not order the parties to attend more than
576576 one mediation.
577577 SECTION 37. Section 42.23, Tax Code, is amended by amending
578578 Subsection (e) and adding Subsections (a-1), (a-2), (i), (j), (k),
579579 (l), (m), and (n), to read as follows:
580580 (a-1) A chief appraiser, appraisal district, or appraisal
581581 review board may not bring a counterclaim in an appeal brought
582582 under this chapter.
583583 (a-2) An appraisal district may not seek affirmative relief
584584 in an appeal brought under this chapter.
585585 (e) For purposes of Subsection (d), a property owner may
586586 designate a cause of action under Section 42.25 or 42.26 as the
587587 basis for an appeal, but may not designate a cause of action under
588588 both sections as the basis for the appeal. Discovery regarding a
589589 cause of action that is not specifically designated by the property
590590 owner under Subsection (d) shall be conducted as provided by the
591591 Texas Rules of Civil Procedure. [A court may not enter an order,
592592 including a protective order under Rule 192.6 of the Texas Rules of
593593 Civil Procedure, that conflicts with Subsection (d).]
594594 (i) An entity is not required to be registered to do
595595 business in this state in order to file an appeal under this
596596 chapter or to be considered a proper party to bring a petition. A
597597 formal or informal request for information regarding an entity's
598598 registration status:
599599 (1) is outside the scope of permissible discovery in
600600 an appeal under this chapter;
601601 (2) may not be made a prerequisite to a settlement
602602 discussion related to that appeal; and
603603 (3) may be grounds for sanctions by the court on the
604604 motion of a party.
605605 (j) A court may not enter an order, including a protective
606606 order under Rule 192.6 of the Texas Rules of Civil Procedure, that
607607 conflicts with this section.
608608 (k) The district court may not order discovery unless
609609 discovery is requested by a party to the appeal and the court
610610 determines there is good cause for discovery.
611611 (l) Except as provided by Section 42.227 or by agreement of
612612 the parties, the following deadlines apply to an appeal under this
613613 chapter:
614614 (1) the discovery period ends on the 30th day before
615615 the date of trial;
616616 (2) a party seeking affirmative relief must designate
617617 testifying expert witnesses, other than rebuttal testifying expert
618618 witnesses, and provide the information listed in Rule 195.5 of the
619619 Texas Rules of Civil Procedure not later than the 90th day before
620620 the date of trial; and
621621 (3) any other party must designate testifying expert
622622 witnesses, other than rebuttal testifying expert witnesses, and
623623 provide the information listed in Rule 195.5 of the Texas Rules of
624624 Civil Procedure not later than the 60th day before the date of
625625 trial.
626626 (m) A party to an appeal under this chapter may file an
627627 objection to third-party discovery. The court shall grant
628628 third-party discovery subject to the objection only if the
629629 discovery:
630630 (1) is necessary under generally accepted appraisal
631631 methods and techniques to determine the value of the property that
632632 is the subject of the appeal; and
633633 (2) would be admissible at trial.
634634 (n) A party to an appeal under Section 42.26 may file an
635635 objection to a discovery request for a closing statement, a rent
636636 roll, or an operating statement. The court shall grant the
637637 discovery request subject to the objection only if the discovery:
638638 (1) is necessary under generally accepted appraisal
639639 methods and techniques to determine the value of the property that
640640 is the subject of the appeal; and
641641 (2) would be admissible at trial.
642642 SECTION 38. Subchapter B, Chapter 42, Tax Code, is amended
643643 by adding Sections 42.232 and 42.233 to read as follows:
644644 Sec. 42.232. TRIAL DATE. (a) A district court may not set a
645645 trial date on an appeal that is less than 12 months after the date
646646 the appeal is filed, unless the parties agree to an earlier trial
647647 date.
648648 (b) On request of a party to an appeal, the district court
649649 shall:
650650 (1) grant a continuance if the party requesting the
651651 continuance has not previously been granted a continuance;
652652 (2) set a new trial date that is not less than six
653653 months after the date for which the trial was set at the time the
654654 request was made; and
655655 (3) extend all litigation, expert witness
656656 designation, and discovery deadlines consistent with section
657657 42.23(l) or as agreed by the parties.
658658 (c) The district court may grant additional trial
659659 continuances at the court's discretion.
660660 Sec. 42.233. TRANSFER OF APPEAL TO STATE OFFICE OF
661661 ADMINISTRATIVE HEARINGS. On request of a property owner who is a
662662 party to an appeal under this chapter and who was eligible to file
663663 the appeal under Subchapter Z, Chapter 2003, Government Code, the
664664 district court shall transfer the appeal to the State Office of
665665 Administrative Hearings to determine the appeal under that
666666 subchapter. The property owner must make the request not later than
667667 the 30th day before the date on which the trial is originally set to
668668 begin.
669669 SECTION 39. Section 42.26, Tax Code, is amended by amending
670670 Subsection (a) and adding Subsections (e) and (f) to read as
671671 follows:
672672 (a) The district court shall grant relief on the ground that
673673 a property is appraised unequally if:
674674 (1) the appraisal ratio of the property exceeds by at
675675 least 10 percent the median level of appraisal of a reasonable and
676676 representative sample of other properties in the appraisal
677677 district;
678678 (2) the appraisal ratio of the property exceeds by at
679679 least 10 percent the median level of appraisal of a sample of
680680 properties in the appraisal district consisting of a reasonable
681681 number of other properties similarly situated to, or of the same
682682 general kind or character as, the property subject to the appeal;
683683 [or]
684684 (3) the appraised value of the property exceeds the
685685 median appraised value of a reasonable number of comparable
686686 properties, appropriately adjusted; or
687687 (4) the appraised value of the property exceeds by at
688688 least 10 percent the appraised value of the comparable property,
689689 appropriately adjusted, with the lowest appraised value.
690690 (e) A district court may not determine the appraised value
691691 of the property that is subject to an appeal under this section to
692692 be an amount greater than the appraised value of the property as
693693 shown in the appraisal records submitted to the board by the chief
694694 appraiser under Section 25.22 or 25.23.
695695 (f) If a claim that a property is appraised unequally is the
696696 sole cause of action in an appeal, the appraisal district may not
697697 request through discovery financial information related to the
698698 property, including a rent roll or appraisal.
699699 SECTION 40. Section 42.41(b), Tax Code, is amended to read
700700 as follows:
701701 (b) The assessor for each affected taxing unit shall correct
702702 the tax roll and other appropriate records for which the assessor is
703703 responsible. The assessor must correct the tax roll to indicate the
704704 exact dollar amount of the corrected value.
705705 SECTION 41. Sections 42.43(b-1), (f), and (g), Tax Code,
706706 are amended to read as follows:
707707 (b-1) A taxing unit may not send a refund made under this
708708 section before the earlier of:
709709 (1) the 60th [21st] day after the final determination
710710 of the appeal; or
711711 (2) the date the property owner files the form
712712 prescribed by Subsection (i) with the taxing unit.
713713 (f) The final judgment in an appeal under this chapter shall
714714 [may] designate to whom and where a refund is to be sent if the
715715 property owner or the property owner's agent designated under
716716 Section 1.111 files the form required under Subsection (i).
717717 (g) If a form prescribed by the comptroller under Subsection
718718 (i) is filed with a taxing unit before the 60th [21st] day after the
719719 final determination of an appeal that requires a refund be made, the
720720 taxing unit shall send the refund to the person and address
721721 designated on the form.
722722 SECTION 42. Section 42.02, Tax Code, is repealed.
723723 SECTION 43. As soon as practicable after the effective date
724724 of this Act, the Texas Commission of Licensing and Regulation shall
725725 adopt rules necessary to implement Section 1151.152, Occupations
726726 Code, as amended by this Act.
727727 SECTION 44. Section 1151.152, Occupations Code, as amended
728728 by this Act, applies only to a person who submits an application to
729729 register under Chapter 1151, Occupations Code, on or after the
730730 effective date of this Act. A person who submits an application to
731731 register under Chapter 1151, Occupations Code, before the effective
732732 date of this Act is governed by the law in effect on the date the
733733 application was submitted, and the former law is continued in
734734 effect for that purpose.
735735 SECTION 45. As soon as practicable but not later than the
736736 effective date of this Act, the comptroller of public accounts
737737 shall prescribe and post on the comptroller's Internet website the
738738 form required by Section 5.07(k), Tax Code, as added by this Act.
739739 SECTION 46. Sections 5.07, 25.25, 41.07, and 41.47, Tax
740740 Code, as amended by this Act, apply only to an appraisal review
741741 board order issued on or after the effective date of this Act. An
742742 appraisal review board order issued before the effective date of
743743 this Act is governed by the law in effect on the date the order was
744744 issued, and the former law is continued in effect for that purpose.
745745 SECTION 47. Sections 11.161 and 11.24, Tax Code, as amended
746746 by this Act, apply only to ad valorem taxes imposed for an ad
747747 valorem tax year that begins on or after the effective date of this
748748 Act.
749749 SECTION 48. Section 11.43(i), Tax Code, as amended by this
750750 Act, applies only to an erroneously allowed exemption discovered on
751751 or after the effective date of this Act. An erroneously allowed
752752 exemption discovered before the effective date of this Act is
753753 governed by the law in effect on the date the exemption was
754754 discovered, and the former law is continued in effect for that
755755 purpose.
756756 SECTION 49. Section 11.4391, Tax Code, as amended by this
757757 Act, are procedural and apply to an application for an exemption for
758758 freeport goods under Section 11.251, Tax Code, filed during the
759759 2025 tax year and to the preceding two tax years and to an
760760 application for exemption filed on or after the effective date of
761761 this Act.
762762 SECTION 50. Section 11.4392, Tax Code, as added by this Act,
763763 applies only to an application for an ad valorem tax exemption
764764 submitted to a chief appraiser on or after the effective date of
765765 this Act.
766766 SECTION 51. Section 21.20, Tax Code, as amended by this Act,
767767 are procedural in nature and apply to an application for an
768768 allocation under Section 21.09, Tax Code, filed during the 2025 tax
769769 year and to the preceding two tax years and to an application for
770770 allocation filed on or after the effective date of this Act.
771771 SECTION 52. Sections 22.28(a) and 22.30, Tax Code, as
772772 amended by this Act, apply only to a rendition statement or property
773773 report required to be filed on or after the effective date of this
774774 Act. A rendition statement or property report required to be filed
775775 before the effective date of this Act is governed by the law in
776776 effect on the date the statement or report was required to be filed,
777777 and the former law is continued in effect for that purpose.
778778 SECTION 53. Section 23.01(d), Tax Code, as amended by this
779779 Act, applies only for a tax year that begins on or after the
780780 effective date of this Act.
781781 SECTION 54. Section 25.19(f), Tax Code, as amended by this
782782 Act, applies only to a notice of appraised value for an ad valorem
783783 tax year that begins on or after the effective date of this Act.
784784 SECTION 55. Section 23.52, Tax Code, as amended by this Act
785785 and Section 23.527, Tax Code, as added by this Act, apply only to
786786 the appraisal of land for ad valorem tax purposes for a tax year
787787 that begins on or after the effective date of this Act.
788788 SECTION 56. Section 26.09, Tax Code, as amended by this Act,
789789 applies only to taxes assessed on property as provided by
790790 Subsection (d) of that section on or after the effective date of
791791 this Act. Taxes assessed on property before the effective date of
792792 this Act are governed by the law in effect on the date the taxes were
793793 assessed, and the former law is continued in effect for that
794794 purpose.
795795 SECTION 57. Section 41.43(b), Tax Code, as amended by this
796796 Act, applies only to a protest under Chapter 41, Tax Code, for which
797797 a notice of protest is filed on or after the effective date of this
798798 Act.
799799 SECTION 58. Section 41A.09(f), Tax Code, as added by this
800800 Act, applies only to a determination of appraised value made by an
801801 arbitrator under Chapter 41A, Tax Code, on or after the effective
802802 date of this Act.
803803 SECTION 59. Section 42.26(a), Tax Code, as amended by this
804804 Act, applies only to an appeal under Chapter 42, Tax Code, for which
805805 a petition for review is filed on or after the effective date of
806806 this Act.
807807 SECTION 60. Chapter 42, Tax Code, as amended by this Act,
808808 applies only to an appeal under that chapter that is filed on or
809809 after the effective date of this Act. An appeal filed before the
810810 effective date of this Act is governed by the law in effect on the
811811 date the appeal was filed, and the former law is continued in effect
812812 for that purpose.
813813 SECTION 61. This Act takes effect January 1, 2026