Texas Tax Code 41A.09 – Award; Payment of Arbitrator’s Fee
(a) Not later than the 20th day after the date the hearing under Section 41A.08 is concluded, the arbitrator shall make an arbitration award and deliver a copy of the award to the property owner, appraisal district, and comptroller.
(b) An award under this section:
(1) must include a determination of the appraised or market value, as applicable, of the property that is the subject of the appeal;
(2) may include any remedy or relief a court may order under Chapter 42 in an appeal relating to the appraised or market value of property;
(3) shall specify the arbitrator’s fee, which may not exceed the amount provided by Section 41A.06(b)(4);
(4) is final and may not be appealed except as permitted under § 171.088, Civil Practice and Remedies Code, for an award subject to that section; and
(5) may be enforced in the manner provided by Subchapter D, Chapter 171, Civil Practice and Remedies Code.
Terms Used In Texas Tax Code 41A.09
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appraisal: A determination of property value.
- Comptroller: means the Comptroller of Public Accounts of the State of Texas. See Texas Tax Code 1.04
- Market value: means the price at which a property would transfer for cash or its equivalent under prevailing market conditions if:
(A) exposed for sale in the open market with a reasonable time for the seller to find a purchaser;
(B) both the seller and the purchaser know of all the uses and purposes to which the property is adapted and for which it is capable of being used and of the enforceable restrictions on its use; and
(C) both the seller and purchaser seek to maximize their gains and neither is in a position to take advantage of the exigencies of the other. See Texas Tax Code 1.04 - Property: means real and personal property. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
(c) If the arbitrator 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 request for binding arbitration submitted under Section 41A.03 than the value determined by the appraisal review board:
(1) the comptroller, on receipt of a copy of the award, shall refund the property owner’s arbitration deposit, less the amount retained by the comptroller under Section 41A.05(b);
(2) the appraisal district, on receipt of a copy of the award, shall pay the arbitrator’s fee; 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 arbitrator’s determination.
(d) If the arbitrator 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 request for binding arbitration submitted under Section 41A.03 than the value determined by the appraisal review board:
(1) the comptroller, on receipt of a copy of the award, shall:
(A) pay the arbitrator’s fee out of the owner’s arbitration deposit; and
(B) refund to the owner the owner’s arbitration deposit, less the arbitrator’s fee and the amount retained by the comptroller under Section 41A.05(b); and
(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 arbitrator’s determination if the value as determined by the arbitrator is less than the value as determined by the appraisal review board.
(e) The comptroller by rule may prescribe a standard form for an award and may require arbitrators to use the award form when making awards under this chapter.