Sec. 25.26. FORFEITURE OF REMEDY FOR NONPAYMENT OF TAXES. (a) The pendency of a motion filed under Section 25.25 does not affect the delinquency date for the taxes on the property that is the subject of the motion. However, that delinquency date applies only to the amount of taxes required to be paid under Subsection (b). If the property owner complies with Subsection (b), the delinquency date for any additional amount of taxes due on the property is determined in the manner provided by Section 42.42(c) for the determination of the delinquency date for additional taxes finally determined to be due in an appeal under Chapter 42, and that additional amount is not delinquent before that date.
(b) Except as provided by Subsection (d), a property owner who files a motion under Section 25.25 must pay the amount of taxes due on the portion of the taxable value of the property that is the subject of the motion that is not in dispute before the delinquency date or the property owner forfeits the right to proceed to a final determination of the motion.
(c) A property owner who pays an amount of taxes greater than that required by Subsection (b) does not forfeit the property owner's right to a final determination of the motion by making the payment. If the property owner files a timely motion under Section 25.25, taxes paid on the property are considered paid under protest, even if paid before the motion is filed.
(d) After filing an oath of inability to pay the taxes at issue, a property owner may be excused from the requirement of prepayment of tax as a prerequisite to the determination of a motion if the appraisal review board, after notice and hearing, finds that such prepayment would constitute an unreasonable restraint on the property owner's right of access to the board. On the motion of a party, the board shall determine compliance with this section in the same manner and by the same procedure as provided by Section 41.4115(d) and may set such terms and conditions on any grant of relief as may be reasonably required by the circumstances.
Added by Acts 2011, 82nd Leg., R.S., Ch. 771 (H.B. 1887), Sec. 7, eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 793 (H.B. 2220), Sec. 2, eff. June 17, 2011.
Structure Texas Statutes
Subtitle D - Appraisal and Assessment
Section 25.01. Preparation of Appraisal Records
Section 25.011. Special Appraisal Records
Section 25.02. Form and Content
Section 25.025. Confidentiality of Certain Home Address Information
Section 25.027. Restriction on Posting Information on Internet Website
Section 25.04. Separate Estates or Interests
Section 25.06. Property Encumbered by Possessory or Security Interest
Section 25.07. Leasehold and Other Possessory Interests in Exempt Property
Section 25.09. Condominiums and Planned Unit Developments
Section 25.10. Standing Timber
Section 25.11. Undivided Interests
Section 25.12. Mineral Interest
Section 25.13. Exempt Property Subject to Contract of Sale
Section 25.135. Qualifying Trusts
Section 25.16. Property Losing Exemption During Tax Year
Section 25.17. Property Overlapping Taxing Unit or Appraisal District Boundaries
Section 25.18. Periodic Reappraisals
Section 25.19. Notice of Appraised Value
Section 25.192. Notice of Residence Homestead Exemption Eligibility
Section 25.193. Notice of Certain Canceled or Reduced Exemptions
Section 25.195. Inspection by Property Owner
Section 25.20. Access by Taxing Units
Section 25.21. Omitted Property
Section 25.22. Submission for Review and Protest
Section 25.23. Supplemental Appraisal Records