89th Legislature

HB 4809

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 4809 amends the Texas Tax Code to give property owners with historic or archaeological site exemptions more precise rights in challenging how their properties are valued for tax purposes. Specifically, it allows these owners to protest not only the total appraised value of their property but also to challenge the individual appraised values assigned to the land and to the structure or archaeological site itself. Additionally, the bill grants property owners the right to protest how the overall value is allocated between the land and the improvements on it.

The bill modifies Section 11.24 of the Tax Code by adding a new subsection (c) that explicitly affirms these protest rights. It also updates Section 41.41(a) to add the ability to challenge appraised values of exempt structures and land separately, as well as the allocation of those values. These changes aim to provide greater transparency and fairness for owners of historically significant properties, recognizing that the relative value of land and improvements can differ substantially and that improperly allocated valuations may lead to inflated tax burdens.

HB 4809 applies to any tax protest filed on or after its effective date. Overall, HB 4809 offers a procedural enhancement to existing law that respects property rights and improves taxpayer recourse in the property tax system.
Author
Morgan Meyer
Sponsor
Royce West
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 4809, the bill is not expected to result in any significant fiscal impact to the State of Texas. The measure simply expands the rights of property owners with historic or archaeological site exemptions to protest not just the total appraised value, but also the individual appraised values of the land and improvements, and the allocation between the two. This procedural clarification does not create new state obligations or expenditures, nor does it affect tax revenue at the state level.

Similarly, local governments—including counties and appraisal districts—are not expected to experience significant fiscal impacts. The administrative changes authorized by the bill may lead to a small increase in the number or complexity of protests before appraisal review boards, but these would likely be absorbed within existing operations. The bill does not alter the basis for granting exemptions or the overall methodology for property valuation; it merely allows for more granular challenges to how appraised values are allocated.

In sum, HB 4809 is considered fiscally neutral. It neither increases nor materially decreases public revenues or spending, and any minor administrative costs to local jurisdictions are expected to be negligible or managed within existing resources.

Vote Recommendation Notes

HB 4809 presents a narrowly tailored but meaningful amendment to the Texas Tax Code, expanding the rights of owners of historic or archaeological sites in property tax protests. The bill specifically enables these property owners to challenge the appraised value of the land, the appraised value of the historic structure or site, and the allocation of value between the two. This addresses a real and ongoing issue in the application of property tax law: appraisal practices often assign land values to restricted historic properties as if they were unrestricted, thereby inflating tax liabilities in ways that disregard legal and practical limitations on development potential.

The bill aligns with core liberty principles such as individual liberty, private property rights, and limited government. By granting property owners greater ability to contest valuation practices that may otherwise penalize them unfairly, HB 4809 promotes procedural fairness without creating new tax exemptions or expanding government power. The bill is procedural rather than fiscal in nature and does not impose significant costs on the state or local governments, as confirmed by the Legislative Budget Board's fiscal note.

From a statutory perspective, HB 4809 is straightforward and precise, amending Sections 11.24 and 41.41 of the Tax Code to allow for more detailed protests within an existing property tax framework. It does not grant new substantive exemptions or create burdensome regulatory changes. Furthermore, it does not require rulemaking or additional administrative procedures by state agencies, thus upholding the principle of limited government. Given its clear legislative intent, practical benefits to property owners, and lack of significant fiscal or administrative burden, Texas Policy Research recommends that lawmakers vote YES on HB 4809.

  • Individual Liberty: The bill promotes individual liberty by expanding a taxpayer’s right to challenge how their property is appraised and taxed. Owners of historic or archaeological sites often face significant restrictions due to preservation laws. The bill empowers these individuals to seek relief when they believe that appraisal practices fail to account for such restrictions. In doing so, it affirms the principle that individuals should have meaningful procedural avenues to assert their rights against governmental valuations that may be arbitrary or overly broad.
  • Personal Responsibility: While the bill doesn’t directly promote personal responsibility in a normative sense, it does preserve a procedural framework that requires property owners to take initiative. The bill doesn’t automatically adjust valuations or entitle property owners to lower taxes; it gives them the right to file a more detailed protest if they believe they’re being overtaxed. This means individuals must still do the work of assessing their situation, preparing a case, and engaging with the appraisal review board. In this respect, the bill reinforces a system that rewards active civic engagement and the exercise of legal rights, subtly encouraging individuals to take responsibility for protecting their interests within the existing legal and tax framework. 
  • Free Enterprise: The bill does not directly regulate commerce or create economic incentives, but it can have a secondary, positive effect on free enterprise. By allowing property owners to protest how value is allocated between land and improvements for historic or archaeological sites, the bill may reduce tax burdens that discourage investment in such properties. Lower and more accurate valuations can support the viability of small businesses or nonprofits that operate out of historically designated buildings, many of which have restricted redevelopment potential due to preservation laws. In this way, the bill fosters a regulatory environment that respects the realities of doing business on restricted properties without distorting the market through subsidies or expanded regulation.
  • Private Property Rights: At its core, the bill strengthens private property rights. Texas law already provides certain exemptions for historic sites, but this bill allows owners to protest the allocation of value between the land and the improvements separately. This added transparency ensures that tax burdens more accurately reflect a property’s true market value in light of its limited use. By giving owners more control over how their properties are treated under the law, the bill reinforces the sanctity and protection of private ownership, an essential tenet of both the Texas Constitution and long-standing liberty doctrines.
  • Limited Government: The legislation curbs potential overreach by appraisal districts by granting more granular protest rights. Rather than creating new exemptions or expanding government bureaucracy, the bill uses the existing appraisal review framework to improve accountability and fairness. It adds no new regulatory mandates or tax incentives, only greater checks on government decision-making. This aligns with the principle that government should be restrained in its power, particularly when dealing with individual property interests.
Related Legislation
View Bill Text and Status