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Texas Property Code 2015 Chapter 42 Subchapter C

TITLE 1. PROPERTY TAX CODE
SUBTITLE F. REMEDIES
CHAPTER 42. JUDICIAL REVIEW

SUBCHAPTER C. POSTAPPEAL ADMINISTRATIVE PROCEDURES

                  

Sec. 42.41.  CORRECTION OF ROLLS.  (a)  Not later than the 45th day after the date an appeal is finally determined, the chief appraiser shall:

(1)  correct the appraisal roll and other appropriate records as necessary to reflect the final determination of the appeal;  and

(2)  certify the change to the assessor for each affected taxing unit.

(b)  The assessor for each affected taxing unit shall correct the tax roll and other appropriate records for which the assessor is responsible.

(c)  A chief appraiser is irrebutably presumed to have complied with Subsection (a)(2).

Acts 1979, 66th Leg., p. 2312, ch. 841, Sec. 1, eff. Jan. 1, 1982.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 175, ch. 13, Sec. 155, eff. Jan. 1, 1982;  Acts 2003, 78th Leg., ch. 481, Sec. 1, eff. Sept. 1, 2003.

                  

Sec. 42.42.  CORRECTED AND SUPPLEMENTAL TAX BILLS.  (a)  Except as provided by Subsection (b) of this section, if the final determination of an appeal that changes a property owner’s tax liability occurs after the tax bill is mailed, the assessor for each affected taxing unit shall prepare and mail a corrected tax bill in the manner provided by Chapter 31 of this code for tax bills generally.  The assessor shall include with the bill a brief explanation of the reason for and effect of the corrected bill.

(b)  If the final determination of an appeal that increases a property owner’s tax liability occurs after the property owner has paid his taxes, the assessor for each affected taxing unit shall prepare and mail a supplemental tax bill in the manner provided by Chapter 31 for tax bills generally.  The assessor shall include with the bill a brief explanation of the reason for and effect of the supplemental bill.  The additional tax is due on receipt of the supplemental bill and becomes delinquent if not paid before the delinquency date prescribed by Chapter 31 or before the first day of the next month after the date of mailing that will provide at least 21 days for payment of the tax, whichever is later.

(c)  If the final determination of an appeal occurs after the property owner has paid a portion of the tax finally determined to be due as required by Section 42.08, the assessor for each affected taxing unit shall prepare and mail a supplemental tax bill in the form and manner prescribed by Subsection (b). The additional tax is due and becomes delinquent as provided by Subsection (b), but the property owner is liable for penalties and interest on the tax included in the supplemental bill calculated as provided by Section 33.01 as if the tax included in the supplemental bill became delinquent on the original delinquency date prescribed by Chapter 31.

(d)  If the property owner did not pay any portion of the taxes imposed on the property because the court found that payment would constitute an unreasonable restraint on the owner’s right of access to the courts as provided by Section 42.08(d), after the final determination of the appeal the assessor for each affected taxing unit shall prepare and mail a supplemental tax bill in the form and manner prescribed by Subsection (b).  The additional tax is due and becomes delinquent as provided by Subsection (b), but the property owner is liable for interest on the tax included in the supplemental bill calculated as provided by Section 33.01 as if the tax included in the supplemental bill became delinquent on the delinquency date prescribed by Chapter 31.

Acts 1979, 66th Leg., p. 2312, ch. 841, Sec. 1, eff. Jan. 1, 1982.  Amended by Acts 1997, 75th Leg., ch. 203, Sec. 3, eff. May 21, 1997.

                  

Sec. 42.43.  REFUND.  (a)  If the final determination of an appeal that decreases a property owner’s tax liability occurs after the property owner has paid his taxes, the taxing unit shall refund to the property owner the difference between the amount of taxes paid and amount of taxes for which the property owner is liable.

(b)  For a refund made under this section, the taxing unit shall include with the refund interest on the amount refunded calculated at an annual rate of 9.5 percent, calculated from the delinquency date for the taxes until the date the refund is made.

(b-1)  A taxing unit may not send a refund made under this section before the earlier of:

(1)  the 21st day after the final determination of the appeal; or

(2)  the date the property owner files the form prescribed by Subsection (i) with the taxing unit.

(c)  Notwithstanding Subsection (b), if a taxing unit does not make a refund, including interest, required by this section before the 60th day after the date the chief appraiser certifies a correction to the appraisal roll under Section 42.41, the taxing unit shall include with the refund interest on the amount refunded at an annual rate of 12 percent, calculated from the delinquency date for the taxes until the date the refund is made.  A refund is not considered made under this section until sent to the proper person as provided by this section.

(d)  A property owner who prevails in a suit to compel a refund, including interest, required by this section that is filed on or after the 180th day after the date the chief appraiser certifies a correction to the appraisal roll is entitled to court costs and reasonable attorney’s fees.

(e)  Except as provided by Subsection (f) or (g), a taxing unit shall send a refund made under this section to the property owner.

(f)  The final judgment in an appeal under this chapter may designate to whom and where a refund is to be sent.

(g)  If a form prescribed by the comptroller under Subsection (i) is filed with a taxing unit before the 21st day after the final determination of an appeal that requires a refund be made, the taxing unit shall send the refund to the person and address designated on the form.

(h)  A separate form must be filed with a taxing unit under Subsection (g) for each appeal to which the property owner is a party.  A form may be revoked in a written revocation filed with the taxing unit by the property owner.

(i)  The comptroller shall prescribe the form necessary to allow a property owner to designate the person to whom a refund must be sent.  The comptroller shall include on the form a space for the property owner to designate to whom and where the refund must be sent and provide options to mail the refund to:

(1)  the property owner;

(2)  the business office of the property owner’s attorney of record in the appeal; or

(3)  any other individual and address designated by the property owner.

(j)  A property owner is not entitled to a refund under this section resulting from the final determination of an appeal of the denial of an exemption under Section 11.31, wholly or partly, unless the property owner is entitled to the refund under Subsection (a) or has entered into a written agreement with the chief appraiser that authorizes the refund as part of an agreement related to the taxation of the property pending a final determination by the Texas Commission on Environmental Quality under Section 11.31.

(k)  Not later than the 10th day after the date a property owner and the chief appraiser enter into a written agreement described by Subsection (j), the chief appraiser shall provide to each taxing unit that taxes the property a copy of the agreement. The agreement is void if a taxing unit that taxes the property objects in writing to the agreement on or before the 60th day after the date the taxing unit receives a copy of the agreement.

Acts 1979, 66th Leg., p. 2313, ch. 841, Sec. 1, eff. Jan. 1, 1982.  Amended by Acts 1987, 70th Leg., ch. 640, Sec. 4, eff. Aug. 31, 1987;  Acts 1989, 71st Leg., ch. 796, Sec. 46, eff. June 15, 1989;  Acts 1993, 73rd Leg., ch. 592, Sec. 1, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1039, Sec. 43, eff. Jan. 1, 1998;  Acts 2001, 77th Leg., ch. 253, Sec. 1, eff. May 22, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 905 (H.B. 986), Sec. 2, eff. June 19, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 771 (H.B. 1887), Sec. 19, eff. September 1, 2011.

Acts 2011, 82nd Leg., R.S., Ch. 956 (H.B. 1090), Sec. 1, eff. September 1, 2011.

Acts 2013, 83rd Leg., R.S., Ch. 964 (H.B. 1897), Sec. 3, eff. September 1, 2013.

Acts 2015, 84th Leg., R.S., Ch. 481 (S.B. 1760), Sec. 10, eff. January 1, 2016.

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