HB 3093 seeks to address how certain Texas taxing units calculate ad valorem property tax rates in years when large commercial property owners intend to challenge their appraised property values. The bill allows specified taxing units—those located in counties on the Gulf of Mexico with populations under 500,000—to exclude the "contested taxable value" of certain properties from their tax rate calculations. This applies when a property owner, or their associated business entity notifies the taxing unit of their intent to appeal an order by the appraisal review board. The property in question must have been among the top 20 in taxable value the prior year and must be currently valued at more than 125% of the value the owner claims or intends to assert.
The bill creates new definitions within Section 26.012 of the Tax Code, including "affected taxing unit," "anticipated substantial litigation," "associated business entity," "contested taxable value," and "uncontested taxable value." These terms are used to help determine the portions of the property tax base that may be set aside during tax rate calculations if significant litigation is anticipated. This change ensures that local taxing units do not rely on potentially overstated property values when setting tax rates, which could otherwise result in budget shortfalls if litigation later reduces the appraisals.
Additionally, the bill modifies provisions related to the electronic forms used by taxing units for setting tax rates, ensuring those forms can incorporate the addendum related to contested valuations. This procedural update is meant to improve transparency and alignment with real-time tax roll adjustments during legal disputes over appraisals.
In effect, HB 3093 provides relief to taxing units that might otherwise face revenue instability when large, high-value properties are under dispute, but it also introduces a specialized tax mechanism applicable only in certain geographic areas and for certain high-value property owners.
The Committee Substitute version of HB 3093 introduces several notable changes from the originally filed bill, aimed at refining the bill’s scope and tightening eligibility standards. One of the most prominent differences lies in the threshold for properties that qualify for exclusion from tax rate calculations due to “anticipated substantial litigation.” While the originally filed version limited applicability to properties among the top 10 highest in value within the taxing unit, the substitute expands this to the top 20 in the entire appraisal district. This shift broadens the pool of eligible properties, potentially increasing the bill’s impact across affected regions.
Another significant change is the addition of a valuation disparity requirement in the substitute bill. To qualify as part of “anticipated substantial litigation,” the current year’s taxable value of a property must exceed 125% of the value asserted or expected to be asserted by the property owner. This added condition introduces a higher evidentiary threshold, helping to ensure that the tax rate exclusions apply only in cases where there is a substantial dispute over valuation rather than more routine or marginal disagreements.
The Committee Substitute also strengthens administrative procedures and transparency. It requires property owners to submit a formal notice of intent to pay taxes on uncontested values and establishes clear deadlines for this submission—either August 7 or 21 days after the first protest hearing. These procedural additions ensure that taxing units have timely and documented information to rely on when calculating adjusted tax rates. Additionally, the substitute mandates that tax rate calculation forms and accompanying documentation be submitted to county officials and posted publicly online, further reinforcing transparency and accountability.
Overall, the Committee Substitute refines the originally filed bill by clarifying key definitions, narrowing the scope through valuation thresholds, and enhancing procedural safeguards. These changes likely aim to prevent unintended exploitation of the tax calculation exclusions while still providing relief to taxing units faced with significant pending litigation over high-value commercial properties.