Current through Reg. 49, No. 38; September 20, 2024
(a) As soon as practicable, but no later than
the 30th day after the date the hearing is concluded, the judge shall issue a
determination and send a copy to the property owner and the chief
appraiser.
(b) The judge's
determination:
(1) must include a
determination of the appraised or market value, as applicable, of the property
that is the subject of the appeal;
(2) must contain a brief analysis of the
judge's rationale for, and set out the key findings in support of, the
determination, but is not required to contain a detailed discussion of the
evidence admitted or the contentions of the parties;
(3) may include any remedy or relief a court
may order under Texas Tax Code, Chapter 42, in an appeal relating to the
appraised or market value of property, including an award of attorney's fees to
a prevailing property owner under Texas Tax Code, §
RSA 42.29;
and
(4) shall specify whether the
appraisal district or property owner is required to pay the costs of appeal and
the amount of those costs.
(c) If the judge determines that the
appraised or market value, as applicable, of the property that is the subject
of the appeal is nearer to the property owner's opinion of the appraised or
market value, as applicable, of the property as stated in the notice of appeal
submitted by the property owner than the value determine by the board:
(1) SOAH shall refund the property owner's
deposit, including the filing fee;
(2) the appraisal district, on receipt of a
copy of the decision, shall pay the costs of the appeal as specified in the
decision; and
(3) the chief
appraiser shall correct the appraised or market value, as applicable, of the
property as shown in the appraisal roll to reflect the judge's
determination.
(d) If
the judge determines that the appraised or market value, as applicable, of the
property that is the subject of the appeal is not nearer to the property
owner's opinion of the appraised or market value, as applicable, of the
property as stated in the property owner's notice of appeal, than the value
determined by the board:
(1) SOAH shall apply
the property owner's deposit, including the filing fee, to the costs of the
appeal, and any amount in excess of the costs of the appeal shall be refunded
to the property owner;
(2) The
chief appraiser shall correct the appraised or market value, as applicable, of
the property as shown in the appraisal roll to reflect the judge's
determination if the value as determined by the judge is less than the value as
determined by the board; and
(3)
the property owner shall pay the difference between the costs of the appeal as
specified in the determination and the property owner's deposit, including the
filing fee.
