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note: This Fiscal
Analysis of HB1060 is available, also, from the Texas
legislature on line.
HB1060 Fiscal Analysis
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
February 12, 2001
TO: Honorable Rene Oliveira, Chair, House Committee on
Ways & Means
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB1060 by Mowery (Relating to appeals to small
claims courts of certain ad valorem tax determinations.), As
Introduced
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* No significant fiscal implication to the State is
anticipated. *
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The bill would amend Chapters 41 and 42 of the Tax Code
to grant property owners the option to appeal property tax
disputes with the appraisal review board (ARB) to the county
small claims court. The option would be available only if the
amount of taxes due on the portion of the
disputed taxable property value fell within the
jurisdiction of the small claims court. Direct appeal to
district court would continue to be available at the property
owner's option.
Local Government Impact
Information in the Comptroller's Appraisal District
Operations Report
(1999 and 2000 data) indicates that there were 1,752
district court petitions filed in 1999. An appeal to district
court requires a formal petition, usually requiring paid legal
counsel and a $45 filing fee.
Appeal to small claims court is generally made without
counsel with a $10 filing fee. Because
the cost of appeals would be reduced with passage of the bill,
the number of appeals to local small claims and justice of the
peace courts may increase. It is not anticipated that
the number of property tax appeals filed will represent a
significant increase, therefore, there should be no
significant fiscal implication to units of local government.
Source Agencies: 304 Comptroller of Public Accounts
LBB Staff: JK, SD, BR |