89th Legislature Regular Session

SB 2063

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

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.

Author
Tan Parker
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of SB 2063 will likely be a reduction in taxable property values due to the bill’s restriction on the use of market value evidence in ad valorem tax protests and appeals based solely on unequal appraisal. This shift is expected to benefit property owners who successfully challenge their appraisals, but it comes at a cost to local governments and the state. Lower taxable values would reduce the property tax revenue collected by school districts and other local taxing units. Under the school finance formulas, this revenue loss would trigger increased funding obligations from the state to maintain constitutionally required levels of education funding, thereby increasing costs to the Foundation School Fund.

The bill could also complicate the ability of appraisal districts to defend appraised values. By prohibiting the consideration of market value evidence to support adjustments in comparing properties, districts may be unable to refute claims that a subject property is over-appraised relative to its peers. This could lead to more successful protests and, consequently, more downward adjustments in appraised values. These reduced values, if widespread, could have a compounding effect on local property tax bases, particularly in areas with a high volume of commercial or industrial protests.

For local governments—including cities, counties, and special districts—the bill may lead to initial declines in tax levies unless they raise their tax rates. Because the “no-new-revenue” and “voter-approval” tax rates would be higher under a reduced appraisal base (as per Section 26.04 of the Tax Code), jurisdictions would have the option to adjust rates to offset revenue losses. If local governments choose not to raise rates, they would experience lower revenue; if they do raise rates, some of the loss may be shifted to taxpayers who did not protest their appraisals, slightly diminishing the net tax benefit to successful protestors.

In summary, while the bill aims to improve fairness for property owners challenging unequal appraisals, its fiscal consequence is a likely shift of financial responsibility from local taxing entities to the state, particularly for public education, and potentially higher tax rates for non-protesting property owners if local jurisdictions seek to maintain revenue levels.

Vote Recommendation Notes

SB 2063 addresses a significant procedural issue in the Texas property tax system by prohibiting the use of market value evidence in protests and appeals that are based solely on unequal appraisal claims. The intent behind this measure is to improve the fairness and consistency of the ad valorem tax system by clarifying how property comparability is evaluated and preventing the interjection of subjective or conflicting market value evidence that may skew outcomes or disadvantage taxpayers. The bill responds to growing concerns about transparency and procedural equity in appraisal disputes, especially in the wake of recent legal interpretations that allowed broader consideration of market value during equity-based appeals.

From a liberty-oriented standpoint, the bill strongly aligns with the principles of Individual Liberty and Private Property Rights. It empowers property owners by removing a layer of complexity that appraisal districts have historically used to challenge equity claims, thereby leveling the playing field. It also advances the principle of Limited Government by restricting the evidentiary scope and forcing appraisal entities to rely on standardized, comparable appraisal methods rather than less predictable market-based estimates. This promotes a more predictable, rules-based system of property taxation.

While there are fiscal implications—particularly a projected reduction in taxable values that could increase the state’s share of public education costs and potentially pressure local tax rates—these consequences reflect a necessary correction to protect taxpayers from unfairly inflated assessments. The long-term benefits of restoring confidence in the protest process and reinforcing constitutional protections against unequal taxation outweigh the projected fiscal costs to the state and local taxing entities.

In sum, SB 2063 is a measured, principled response to recent developments in property tax law and represents a meaningful reform that strengthens due process, enhances clarity in appraisal review proceedings, and reinforces trust in the integrity of the tax system. As such, Texas Policy Research recommends that lawmakers vote YES on SB 2063.

  • Individual Liberty: This bill enhances individual liberty by giving property owners a clearer and more predictable path to challenge unfair tax assessments. By removing market value as a weapon that appraisal districts can use in protests based solely on unequal appraisal, it ensures that homeowners and business owners are not burdened by opaque or subjective evidence. It protects their right to due process and to be treated equally under the law in a system that directly affects their finances and control over their property.
  • Personal Responsibility: The bill reinforces personal responsibility by empowering property owners to advocate for themselves using evidence based on actual comparable properties, not complicated or manipulated market valuations. It simplifies the rules and allows more people to realistically participate in the protest process without needing to hire expensive legal or appraisal experts. This encourages more engagement and accountability in property tax matters.
  • Free Enterprise: While the bill isn’t directly about business regulation, it supports free enterprise by giving commercial property owners the same protections as residential ones. Businesses that feel they’re being unfairly taxed compared to similar properties will have a more reliable way to challenge those assessments. This helps create a more stable and predictable tax environment for business investment and growth.
  • Private Property Rights: This is the strongest liberty connection. The bill protects private property rights by ensuring that taxes are assessed fairly and based on consistent standards. It prevents taxing authorities from justifying inflated property values by introducing market value estimates when the dispute is only about equal treatment. By focusing the process on whether a property is treated the same as others, it ensures a more defensible and equitable taxation of private property.
  • Limited Government: The bill narrows the government’s ability to defend questionable appraisals using subjective market evidence. It places a clear limitation on what appraisal districts and courts can consider in certain protests, reinforcing the idea that government authority must be limited and clearly defined. This reduces the potential for bureaucratic overreach in property taxation.
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