Texas 2023 - 88th Regular

Texas Senate Bill SB2409

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the authority of a lessee of property to appeal certain ad valorem tax determinations through binding arbitration.

Impact

The impact of SB2409 on state laws could be significant, especially for lessees who often find themselves at the mercy of property owners and appraisal review boards. By introducing binding arbitration as an alternative method for these lessees to contest appraisal decisions, the bill positions itself to create a more equitable environment where lessees have a tangible means to safeguard their financial interests. It effectively qualifies the lessee as the owner for the purposes of the appeal, which may alter existing dynamics in property tax disputes.

Summary

SB2409 is a legislative proposal in Texas that aims to amend the Tax Code by introducing a new provision that allows lessees of property to appeal certain ad valorem tax determinations via binding arbitration. This bill specifically targets situations where a lessee has a contractual obligation to cover property taxes imposed on the property they lease. The appeal process is made accessible for property appraised at $5 million or less, thus aiming to streamline procedures for smaller value properties that may otherwise face significant challenges in traditional tax appeal processes.

Sentiment

The sentiment around SB2409 appears to be cautiously optimistic from supporters who view this change as a means to empower those leasing property. Advocates argue that the ability to appeal tax determinations through arbitration can mitigate potential injustices, fostering a fairer approach to property taxation. Nonetheless, there could be concerns among property owners regarding the implications of this legislation, particularly about the change in the balance of power traditionally held in property tax disputes.

Contention

Key points of contention may arise related to the interpretation and application of binding arbitration in tax matters. Critics may argue that binding arbitration could complicate the existing tax appeal landscape, introducing a layer of complexity that could inadvertently favor either lessees or property owners, depending on the specifics of individual cases. Additionally, the practicality of conducting binding arbitration for tax disputes, especially for properties of varying values, could also lead to discussions regarding the appropriateness and fairness of such a process.

Companion Bills

TX HB5049

Identical Relating to the authority of a lessee of property to appeal certain ad valorem tax determinations through binding arbitration.

Previously Filed As

TX SB2535

Relating to the appraisal of property for ad valorem tax purposes, including protests, arbitrations, and appeals regarding appraisals.

TX HB1533

Relating to the system for appraising property for ad valorem tax purposes.

TX HB4864

Relating to the eligibility of a person to serve as an arbitrator in a binding arbitration of an appeal of an appraisal review board order.

TX HB3307

Relating to the continuing education required in order for a person to renew the person's agreement with the comptroller of public accounts to serve as an arbitrator in an appeal through binding arbitration of an appraisal review board order determining a protest.

TX SB2960

Relating to the continuing education required in order for a person to renew the person's agreement with the comptroller of public accounts to serve as an arbitrator in an appeal through binding arbitration of an appraisal review board order determining a protest.

TX HB1286

Relating to the award of attorney's fees to a prevailing property owner in a judicial appeal of certain ad valorem tax determinations.

TX SB2063

Relating to ad valorem tax protests and appeals on the ground of the unequal appraisal of property.

TX HB4779

Relating to the determination of the value not in dispute of property that is the subject of an ad valorem tax protest or appeal.

TX HB3524

Relating to ad valorem tax protests and appeals on the ground of the unequal appraisal of property.

TX HB2432

Relating to ad valorem taxation.

Similar Bills

CA SB1352

Property taxation: newly constructed: reconstructed property.

CA AB245

Property taxation: application of base year value: disaster relief.

CA SB1053

Property taxation: transfer of base year value: disaster relief.

CA SB603

An act to amend Section 69 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.

HI HB1398

Relating To Property.

HI HB1398

Relating To Property.

TX HB2011

Relating to the right to repurchase from a condemning entity certain real property for which ad valorem taxes are delinquent.