When taxpayers hear this question, the initial reaction is "well of course they should have to follow the law!" Consider the following example. You are driving 80 mph on a highway with a 55 mph speed limit. In addition, you do not have a drivers license, and the car does not have license plates or an inspection sticker. Because you like the throaty sound of your high-performance engine, you have a muffler which does not quite meet government requirements. You have also not obtained car insurance since it is so expensive. Since you are driving home from a party, you had a few drinks, or so. But, you have complied with some traffic laws. You stopped when the police officer ask you to stop. The police officer pulls you over and reminds you the speed limit is 55 mph. However, he does not give you a ticket since it is not a crime to ignore the speed limit. This strange example is analogous to the laws applicable to Texas appraisal districts.

Texas laws govern the rules for appraisal districts to set assessed values and for appraisal review boards to conduct property tax protests. In general, these rules are taxpayer friendly. However, from a practical perspective, there is no penalty for appraisal review boards or appraisal districts which disregard these rules.

For example, a Texas homeowner files a property tax protests based upon unequal appraisal. He prepares information showing that his home is over assessed in comparison to similar homes in his neighborhood. At the informal hearing, the staff appraiser says he can not consider unequal appraisal. The appraisal review board hearing is sometimes referred to as the formal hearing. At the appraisal review board (ARB) hearing, the three-member ARB panel acts puzzled that the taxpayer is presenting information on unequal appraisal. They tell him, we are here to consider market value. We don't consider unequal appraisal.

The above example is repeated hundreds or thousands of times every year in virtually every county in the state. At this point you may be thinking, "if this is true, why hasn't that someone done something about it." Well, we have. O'Connor & Associates has filed suit against the Harris County Appraisal Review Board. We're not seeking monetary damages. We are seeking mandamus relief. In other words, we are asking the Harris County District Court to require the Harris County Appraisal Review Board to provide Texas taxpayers a lawful hearing. Attorneys for the Harris County appraisal District are vigorously opposing this modest request. Unfortunately, there is no practical remedy for the homeowner unless the discrepancy merits hiring an attorney to file a lawsuit and an expert witness to provide testimony.

The attorneys for the Harris County Appraisal District and the Harris County Appraisal Review Board contend this is what is intended. The appraisal district's position seems to be that district courts do not have authority to require lawful administrative hearings. They believe the administrative hearing process should proceed unfettered by pesky restraints such as complying with the law. Stated differently, their perspective is that the administrative hearings should occur without supervision by the district courts. If there are problems occurring in the administrative hearings, property owners have the right to file a judicial appeal. Of course, this position is insensitive to perceptions that the problems with the administrative hearing process tend to favor the appraisal district and that it is not financially feasible for most taxpayers to file a judicial appeal. Property owners should have no remedy regarding systematic problems with the appraisal review board hearing process. Their contention is you have the right to file a judicial appeal if you are not satisfied with the results of the appraisal review board hearing. Incredibly, attorneys for the Harris County Appraisal District contend that district court judges do not have the authority to compel them to follow Texas law.

It is outrageous that a governmental entity designed to serve the public adopts this self-serving position. Yes, the homeowner in this example can file a judicial appeal. However, it is not financially feasible for 95% of homeowners to pursue a judicial appeal. If there is a systematic problem with the appraisal review board hearing process, they are out of luck! In addition, the burden of proof is reversed when the appeal proceeds to state district court.

The appraisal district has the burden of proof at the appraisal review board hearing. The taxpayer has the burden of proof in a district court appeal.

Comments on the following questions are encouraged:

1. Do you find it incredible that attorneys for Harris County appraisal District are taking the position that the Texas district courts and appeals courts do not have the authority to require them to obey the law?
   
2. Should appraisal districts and appraisal review boards be required to follow the law?
   
3. What remedy is reasonable and appropriate to sanction appraisal districts and appraisal review boards which do not comply with Texas law?
   

 

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