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Property Tax Right Appeal 41A.01

Property Tax Arbitration is Available to Owners Not Satisfied with ARB Hearing Result

Section 41A.01 Right of Appeal by Property Owner

Filing a judicial appeal is not financially feasible for most property owners. However, requesting binding arbitration is an excellent option for property owners who are confident their assessed value exceeds market value and whose value after the ARB hearing is $1 million or less.

A judicial appeal can easily cost $2,000 to $5,000. For the owner of a $200,000 home who strongly believes his property is over-assessed by $20,000 (or about $600 property tax reduction), it is not feasible to spend $2,000 or more. However, it is feasible to advance $500 to continue his property tax protest if he is confident his position is correct. If the property owner prevails, the cost of binding arbitration is only $50. An attorney is not required for binding arbitration, which sharply decreases the cost.

Binding arbitration is available to property owner is all counties in Texas. The arbitrators are independent of the appraisal district and are either appraisers or real estate agents.

Sec. 41A.01. Right of Appeal by Property Owner.

As an alternative to filing an appeal under Section 42.01, a property owner is entitled to appeal through binding arbitration under this chapter an appraisal review board order determining a protest filed under Section 41.41(a)(1) or (2) concerning the appraised or market value of property if:

(1) the property qualifies as the owner’s residence homestead under Section 11.13; or

(2) the appraised or market value, as applicable, of the property as determined by the order is $5 million or less.

Added by Acts 2005, 79th Leg., Ch. 372 (S.B. 1351), Sec. 1, eff. September 1, 2005.

Added by Acts 2005, 79th Leg., Ch. 912 (H.B. 182), Sec. 1, eff. September 1, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1211 (S.B. 771), Sec. 4, eff. January 1, 2010.

Acts 2013, 83rd Leg., R.S., Ch. 610 (S.B. 1255), Sec. 1, eff. June 14, 2013.

Acts 2015, 84th Leg., R.S., Ch. 474 (S.B. 849), Sec. 1, eff. September 1, 2015.

Acts 2017, 85th Leg., R.S., Ch. 570 (S.B. 731), Sec. 1, eff. September 1, 2017.

These codes affect property owners across the state, in both larger and smaller counties including:

  • Waller County
  • Montgomery County
  • Bexar County
  • Galveston County
  • Dallas County
  • Williamson County
  • Travis County
  • Bee County
  • Panola County
  • Howard County
  • Deaf Smith County
  • Hockley County
  • Matagorda County
  • Lamar County
  • Cameron County
  • San Patricio County
  • Hidalgo County

The Texas Property Tax Code applies to all property types in Texas including:

  • Office warehouse
  • Nursing home
  • Truck stop
  • Fast food restaurant
  • Bowling alley
  • School
  • Health spa
  • Used car lot
  • Auto service garage
  • Bank

O’Connor & Associates offers property tax services to all property owners of all land uses across Texas.

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