Section 1.08 Timeliness of Action by Mail
Texas property tax appeals and applications for exemptions are considered delivered when deposited in the mail (Texas Property Tax Code section 1.07c). Payment of property taxes or filing of protests, appeals and reports is considered timely if sent by first-class mail, post-marked on or before the due date or the owner can provide satisfactory proof it was timely mailed.
Timely action is only an issue when the tax entity purports payment was not made timely or the appraisal district disputes the timeliness of the report or appeal. When timely action is disputed, the property owner has the burden of furnishing “satisfactory proof.” The property owner can provide an affidavit affirming timely action. Either a judge or an appraisal review board (ARB) panel will decide whether the affidavit is credible. Other than an affidavit or testimony, it is difficult t prove you timely mailed a letter which was lost (either by the post office or the recipient) or post-marked late by the post office.
In some situations, it is appropriate to either:
1. Hand-deliver and obtain a date-stamped copy/receipt, or
2. Mail the letter early and call to confirm receipt.
Sec. 1.08. Timeliness of Action by Mail.
When a property owner is required by this title to make a payment or to file or deliver a report, application, statement, or other document or paper by a specified due date, his action is timely if:
(1) it is sent by regular first-class mail, properly addressed with postage prepaid; and
(2) it bears a post office cancellation mark of a date earlier than or on the specified due date and within the specified period or the property owner furnishes satisfactory proof that it was deposited in the mail on or before the specified due date and within the specified period.
Acts 1979, 66th Leg., p. 2220, ch. 841, § 1, eff. Jan. 1, 1982. Amended by Acts 2005, 79th Leg., ch. 412, §2, eff. Sept. 1, 2005.
Cross References:
Exemption application deadline, see Secs. 11.43(d), 11.431 & 11.45(b).
Report of movement of mobile home, see Sec. 21.23(a).
Property renditions, see Sec. 22.23.
Application for special appraisal as agricultural land, see Secs. 23.43(b) & 23.44(b).
Application for special appraisal as open-space land, see Secs. 23.54(d) & 23.57(b).
Application for special appraisal as timber land, see Secs. 23.75(d) & 23.79(b).
Application for appraisal of recreational, park, and scenic land, see Secs. 23.84(b) & 23.85(b).
Application for appraisal of public access airport property, see Secs. 23.94(b) & 23.95(b).
Property information report for transportation business, see Secs. 24.02(d) & 24.03(b).
Railroad rolling stock information reports, see Sec. 24.32(e).
Request for separate taxation of improvements, see Sec. 25.08(c).
Request for separate taxation of standing timber, see Sec. 25.10(c).
Request for separate taxation of individual interests, see Sec. 25.11(b).
Request for separate taxation of minerals in place, see Sec. 25.12(b).
Payment of taxes, see Sec. 31.06.
Notice of protest, see Sec. 41.44.
These codes affect property owners across the state, in both larger and smaller counties including:
- Fort Bend County
- Montgomery County
- Williamson County
- Travis County
- Bexar County
- Galveston County
- Tarrant County
- McLennan County
- Nacogdoches County
- Austin County
- Wharton County
- Moore County
- Walker County
- Cameron County
- Parker County
- Midland County
- Henderson County
The Texas Property Tax Code applies to all property types in Texas including:
- Motel
- Hospital
- Car wash facility
- Student housing
- Commercial building
- Tennis club
- Drugstore
- Discount store
- Truck stop
- Racket club
O'Connor & Associates offers property tax services to all property owners of all land uses across Texas.
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