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AN ACT
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relating to the burden of proof in certain ad valorem tax appeals. |
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       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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       SECTION 1.  Section 42.23, Tax Code, is amended by adding |
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Subsection (i) to read as follows: |
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       (i)  This subsection applies only to an appeal under this |
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chapter of an order of an appraisal review board determining a |
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protest under Subchapter C, Chapter 41, or a motion under Section |
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25.25, involving an increase in the appraised value of property |
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under the circumstances described by Section 23.01(e) or |
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41.43(a-3). The appraisal district has the burden of establishing |
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the appraised value of the property subject to the appeal by clear |
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and convincing evidence if the appraised value of the property for |
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the preceding tax year was determined under this chapter at a trial |
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on the merits. |
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       SECTION 2.  The change in law made by this Act applies only |
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to an appeal filed under Chapter 42, Tax Code, on or after the |
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effective date of this Act. |
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       SECTION 3.  This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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   President of the Senate |
Speaker of the House      |
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       I certify that H.B. No. 2488 was passed by the House on April |
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28, 2023, by the following vote:  Yeas 145, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2488 on May 25, 2023, by the following vote:  Yeas 141, Nays 0, |
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3 present, not voting. |
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______________________________ |
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Chief Clerk of the House    |
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       I certify that H.B. No. 2488 was passed by the Senate, with |
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amendments, on May 23, 2023, by the following vote:  Yeas 30, Nays |
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1. |
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______________________________ |
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Secretary of the Senate    |
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APPROVED: __________________ |
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                Date        |
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         __________________ |
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              Governor        |
Introduced: Property Tax Code 42.23, Property Tax Code 23.01 (Property Tax Code 23, Property Tax Code 42)
House Committee Report: Tax Code 42.23 (Property Tax Code 23, Property Tax Code 42, Tax Code 42)
Engrossed: Tax Code 42.23 (Property Tax Code 23, Property Tax Code 42, Tax Code 42)
Senate Committee Report: Tax Code 42.23 (Property Tax Code 23, Property Tax Code 42, Tax Code 42)
Enrolled: Tax Code 42.23 (Property Tax Code 23, Property Tax Code 42, Tax Code 42)