Texas 2025 - 89th Regular

Texas House Bill HB329 Compare Versions

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11 89R1245 DRS-D
22 By: Bell of Montgomery H.B. No. 329
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to a requirement that an appraisal review board rely on an
1010 appraisal of residential real property prepared by an appraiser and
1111 submitted to the board by the property owner to determine a protest
1212 regarding the value of the property.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Section 41.43, Tax Code, is amended by amending
1515 Subsections (a) and (a-2) and adding Subsection (a-6) to read as
1616 follows:
1717 (a) Except as provided by Subsections (a-1), (a-3), (a-6),
1818 and (d), in a protest authorized by Section 41.41(a)(1) or (2), the
1919 appraisal district has the burden of establishing the value of the
2020 property by a preponderance of the evidence presented at the
2121 hearing. If the appraisal district fails to meet that standard, the
2222 protest shall be determined in favor of the property owner.
2323 (a-2) To be valid, an appraisal filed under Subsection (a-1)
2424 or (a-6) must be attested to before an officer authorized to
2525 administer oaths and include:
2626 (1) the name and business address of the certified
2727 appraiser;
2828 (2) a description of the property that was the subject
2929 of the appraisal;
3030 (3) a statement that the appraised or market value of
3131 the property:
3232 (A) was, as applicable, the appraised or market
3333 value of the property as of January 1 of the current tax year; and
3434 (B) was determined using a method of appraisal
3535 authorized or required by Chapter 23; and
3636 (4) a statement that the appraisal was performed in
3737 accordance with the Uniform Standards of Professional Appraisal
3838 Practice.
3939 (a-6) Notwithstanding Subsection (a-1), if in the protest
4040 relating to a parcel of residential real property the property
4141 owner files with the appraisal review board and, not later than the
4242 14th day before the date of the first day of the hearing, delivers
4343 to the chief appraiser a copy of an appraisal of the property
4444 performed not later than the 180th day before the date of the first
4545 day of the hearing by an appraiser certified under Chapter 1103,
4646 Occupations Code, that supports the appraised or market value of
4747 the property asserted by the property owner, the appraisal review
4848 board shall:
4949 (1) determine the protest in favor of the property
5050 owner; and
5151 (2) issue an order changing the property's appraised
5252 or market value in the appraisal records to the value determined by
5353 the appraisal of the property filed by the property owner.
5454 SECTION 2. Section 37.10(c)(4), Penal Code, is amended to
5555 read as follows:
5656 (4) An offense under this section is a Class B
5757 misdemeanor if it is shown on the trial of the offense that the
5858 governmental record is a written appraisal filed with an appraisal
5959 review board under Section 41.43(a-1) or (a-6), Tax Code, that was
6060 performed by a person who had a contingency interest in the outcome
6161 of the appraisal review board hearing.
6262 SECTION 3. The changes in law made by this Act apply only to
6363 a protest under Chapter 41, Tax Code, for which a notice of protest
6464 is filed on or after the effective date of this Act.
6565 SECTION 4. This Act takes effect September 1, 2025.