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Texas Taxpayer Empowerment Act

Kay Bailey Hutchison has proposed a Taxpayer Empowerment Act, which will create awareness, provide fairness and increase transparency when Texans protest their property tax appraisals. Across the state, too many Texans don’t understand their rights and the tools at their disposal to challenge high property tax appraisals. Kay Bailey Hutchison believes that all Texans should have an open, fair and simple way to dispute property taxes they think are too high.

  • Today, Too Many Texans Often Pay Too Much In Property Taxes Because They Don’t Know Their Rights Under State Law. Statewide, nearly 4,000 different taxing jurisdictions impose some level of property taxes.  Some have been very effective in providing information to property owners regarding their rights in appealing their taxes, while others have been less diligent – and property owners within those jurisdictions often have an incomplete understanding of the tools at their disposal to lower their property taxes. As a result, Texans often pay too much in property taxes because they don’t know their rights under Texas law. Even in this recession, property values continue to climb, and the myriad local taxing jurisdictions continually increase rates. Taxpayers feel the pinch of their shrinking dollar, but do little to challenge their taxes because they don’t understand their rights or the opportunities they have to dispute these taxes.
  • Because The Process Of Challenging One’s Property Taxes Is Cumbersome And Confusing, Too Many Property Owners Feel They Can’t Challenge Property Tax Valuations. The problem is particularly acute for homeowners, who frequently believe their homes are overvalued for tax purposes, but feel they have little recourse at their local appraisal district.  The process is cumbersome and confusing, and unlike most commercial property interests, homeowners generally do not have the information or means necessary to mount a meaningful challenge to their property tax valuations.

So That Texans Have An Open, Fair And Simple Way To Understand And Dispute Property Takes They Think Are Too High, Kay Bailey Hutchison Proposes The Texas Taxpayer Empowerment Act That Will:

  • Allow Residential Property Taxes For Non-Escrowed Homestead Properties To Elect To Pay Their Taxes On A Quarterly, Semi-Annual Or Annual Basis.  This will allow flexibility to fit the budget of Texans.
  • Increase Availability Of Taxpayer Liaisons To Homeowners By Notifying Them Of Their Right To Access This Service In Advance Of The Protest Hearing.  Taxpayer liaisons could be appointed by county commissioner’s courts to better help inform taxpayers of their rights.  Only appraisal districts in large counties are currently mandated to employ such liaisons, and the duties of the office are too limited to allow effective advocacy for property owners.  Kay Bailey Hutchison will protect taxpayers by increasing access to taxpayer liaisons statewide, and charging them with a greater role in assisting homeowners in the appeals process.
  • Expand Informal Hearing Opportunities For Homeowners To All Texas Counties, Where Appraisal Districts Can Make A Best Offer To Protesting Taxpayers In A More Informal Atmosphere.  Appraisal Review Board hearings are a formal process – much like a trial, with evidence being presented by both sides under oath.  By requiring all ARBs to informally discuss a homeowner’s protest in advance, more Texans can discuss the factors in their appraisal and assess their dispute before a formal hearing.
  • Offer Greater Convenience To Homeowners Contesting Their Property Taxes By Requiring County Appraisal Districts To Offer Online Protestation, And Allowing Small Counties To Consolidate Their Internet Portals To Reduce Costs.  Offering the convenience of protesting from home will allow more people to dispute their taxes.  Much more information, such as scheduled Appraisal Review Board meetings or information regarding homeowner rights in tax protests, should be available online, on websites maintained by CADs, so that Texans can easily and meaningfully understand their rights and responsibilities.
  • Ensure Texas Homeowners Are Aware Of Their “Right Of Discovery” Regarding The Properties That The Appraisal Review Board Will Be Using As Comparable Properties.  Many times, the appraisal district uses homes that are not comparable in size or value when doing appraisals.  This can lead to higher appraisals and higher taxes.  As Governor, Kay Bailey Hutchison will be committed to raising awareness of the right to this information, so that Texans can ensure their residence is being appraised appropriately.  Using bold font on appraisal forms and requiring all CAD websites to prominently display this advisory will help Texas homeowners better understand their rights.
  • Allow Homeowners Whose Tax Protest Was Filed With Errors Of A Merely Clerical Nature To Consult With Their Taxpayer Liaison And Re-File Their Protest Without Penalty.  In some counties, the Appraisal Review Board can dismiss a claim for a simple clerical error.  Allowing Texans to consult with a Tax Liaison and re-file their protest will eliminate this unfairness.

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