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Texas Tax Code

§ 41.47 — DETERMINATION OF PROTEST

TX § 41.47Title 1. PROPERTY TAX CODE · Part F. REMEDIES · Ch. 41. LOCAL REVIEW · Art. C. TAXPAYER PROTEST

Statute text

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(a)The appraisal review board hearing a protest shall determine the protest and make its decision by written order. If the board dismisses the protest on jurisdictional grounds, the board shall notify the property owner in writing of its decision and state in the notification the grounds for its determination.
(b)If on determining a protest the board finds that the appraisal records are incorrect in some respect raised by the protest, the board by its order shall correct the appraisal records by changing the appraised value placed on the protesting property owner's property or by making the other changes in the appraisal records that are necessary to conform the records to the requirements of law. If the appraised value of a taxable property interest, other than an interest owned by a public utility or by a cooperative corporation organized to provide utility service, is changed as the result of a protest or challenge, the board shall change the appraised value of all other interests, other than an interest owned by a public utility or by a cooperative corporation organized to provide utility service, in the same property, including a mineral in place, in proportion to the ownership interests.
(c)If the protest is of the determination of the appraised value of the owner's property, the appraisal review board must state in the order the appraised value of the property, listed separately in the case of real property as the appraised value of the land and the appraised value of any improvement to the land as allocated by the chief appraiser:
(1)as shown in the appraisal records submitted to the board by the chief appraiser under Section 25.22 or 25.23; and
(2)as finally determined by the board. (c-1) If, in the case of a determination of eligibility for a refund requested under Section 23.1243, the appraisal review board determines that the dealer is entitled to a refund in excess of the amount, if any, to which the chief appraiser determined the dealer to be entitled, the board shall order the chief appraiser to deliver written notice of the board's determination to the collector and the dealer in the manner provided by Section 23.1243(c). (c-2) The board may not determine the appraised value of the property that is the subject of a protest to be an amount greater than the appraised value of the property as shown in the appraisal records submitted to the board by the chief appraiser under Section 25.22 or 25.23, except as requested and agreed to by the property owner. This subsection does not apply if the action being protested is the cancellation, modification, or denial of an exemption or the determination that the property does not qualify for appraisal as provided by Subchapter C, D, E, or H, Chapter 23.
(d)The board shall deliver electronically, if the property owner or agent of the owner has elected to receive electronic communications under Section 1.085, or by certified mail:

Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 322 (H.B. 2476), Sec. 6, eff. January 1, 2012. Acts 2011, 82nd Leg., R.S., Ch. 771 (H.B. 1887), Sec. 12, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(42), eff. September 1, 2013. Acts 2019, 86th Leg., R.S., Ch. 699 (S.B. 2531), Sec. 1, eff. January 1, 2020. Acts 2019, 86th Leg., R.S., Ch. 944 (S.B. 2), Sec. 65, eff. January 1, 2020. Acts 2021, 87th Leg., R.S., Ch. 644 (H.B. 988), Sec. 19, eff. January 1, 2022. Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(66), eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 680 (H.B. 1228), Sec. 8, eff. January 1, 2024. Acts 2023, 88th Leg., R.S., Ch. 680 (H.B. 1228), Sec. 9(4), eff. January 1, 2024. Acts 2025, 89th Leg., R.S., Ch. 386 (H.B. 1533), Sec. 7, eff. September 1, 2025.