SB 2063 amends the Texas Tax Code to refine the process by which property owners can challenge property tax appraisals on the basis of unequal appraisal. Specifically, the bill addresses Sections 41.43 and 42.26 of the Tax Code, which govern ad valorem tax protests and appeals. Under current law, property owners may protest their appraised value if they believe it is unequal compared to similar properties. This bill clarifies and limits the types of evidence that can be presented in such cases, focusing specifically on excluding market value evidence when the protest is solely based on inequality, not overvaluation.
The bill prohibits both appraisal review boards and courts from considering the market value of the property under protest or appeal if the sole claim is that the property was appraised unequally compared to similar properties. Instead, comparisons must be based on the appraised values as determined by the appraisal district, ensuring that taxpayers are not disadvantaged by theoretical or subjective market valuations during such protests or lawsuits. The bill makes similar updates to provisions scheduled to take effect in 2027 concerning residence homesteads and appraisal caps under Section 23.23 of the Tax Code.
SB 2063 includes transition provisions specifying that these new evidentiary limitations apply only to protests or appeals filed on or after the bill’s effective date. Prior filings will continue to be governed by current law. By narrowing the evidentiary scope in unequal appraisal cases, the bill aims to provide greater clarity and consistency in how appraisal review boards and courts adjudicate property tax disputes focused on equity rather than market value.
The Committee Substitute for SB 2063 revises and refines the originally filed version of the bill to provide clearer and more enforceable standards for property tax protests based on unequal appraisal. Both versions aim to prohibit the use of market value evidence in such protests when inequality, rather than overvaluation, is the sole claim. However, the substitute strengthens the original language in a few significant ways that broaden its scope and clarify its application.
First, the original bill restricts only the appraisal district from presenting market value evidence and prohibits the appraisal review board or court from considering it. In contrast, the substitute expands this restriction to all parties involved in the dispute, including the property owner. This change ensures a more balanced evidentiary rule by disallowing both sides from introducing market value evidence when the challenge is solely based on unequal appraisal, creating a fairer and more narrowly focused adjudicative process.
Additionally, the substitute introduces a clearer condition under which the evidentiary limitation applies—specifically, when the protest or appeal is filed “solely on the ground of unequal appraisal.” This clarification was not present in the original bill and helps avoid confusion in cases where a taxpayer may also be arguing overvaluation. By distinguishing unequal appraisal claims more precisely, the substitute reduces the risk of procedural uncertainty and legal disputes over admissibility.
Lastly, the substitute makes technical and stylistic improvements that enhance the clarity and cohesion of the bill within the structure of the Texas Tax Code. These adjustments, combined with broader bipartisan committee support, indicate an intent to create a more enforceable and streamlined mechanism for adjudicating taxpayer complaints related to appraisal fairness. Overall, the substitute version is a more comprehensive and balanced legislative tool that better aligns with principles of procedural fairness and property rights.