HB4399 - 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.

  89R16125 CJC-F     By: Phelan H.B. No. 4399       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, 2025.