HB 1286
AN ACT relating to the award of attorney's fees to a prevailing property
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Here's a concise summary of the bill: This bill increases the maximum attorney's fees a property owner can receive when successfully appealing their property tax assessment, raising the potential fee from 20% to 50% of the total tax reduction. The law applies to property owners who prevail in court appeals of tax determinations, potentially making it more financially viable for property owners to challenge what they believe are incorrect tax assessments. The change will take effect immediately if passed by a two-thirds legislative vote, or on September 1, 2025, if not.
Subject Areas
Bill Text
relating to the award of attorney's fees to a prevailing property owner in a judicial appeal of certain ad valorem tax BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 42.29, Tax Code, is amended to read as Sec. 42.29. ATTORNEY'S FEES. (a) A property owner who prevails in an appeal to the court under this chapter of a determination of a motion under Chapter 25 or of a protest under Chapter 41 [Section 42.25 or 42.26, in an appeal to the court of a determination of an appraisal review board on a motion filed under Section 25.25, or in an appeal to the court of a determination of an appraisal review board of a protest of the denial in whole or in part of an exemption under Section 11.17, 11.22, 11.23, 11.231, or 11.24] may be awarded reasonable attorney's fees. Except as provided by Subsection (c) and subject to Subsection (b) , the [The] amount of the award may not exceed the greater of: (2) 50 [20] percent of the total amount by which the property owner's tax liability is reduced as a result of the appeal. (b) Except as provided by [Notwithstanding] Subsection (c) [(a)], the amount of an award of attorney's fees to the prevailing property owner may not exceed [the lesser of: [(2)] the total amount by which the property owner's tax liability is reduced as a result of the appeal. (c) The amount of an award of attorney's fees to the prevailing property owner is not subject to a limitation imposed by (1) the property owner prevails in an appeal under (2) the property owner qualifies the property as the SECTION 2. The change in law made by this Act applies only to an appeal filed under Chapter 42, Tax Code, on or after the effective date of this Act. An appeal filed under Chapter 42, Tax Code, before the effective date of this Act is governed by the law in effect when the appeal was filed, and the former law is continued SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2025.
Bill Sponsors
Legislators who authored or co-sponsored this bill.
Bill History
Bill filed: AN ACT relating to the award of attorney's fees to a prevailing property
Related Guides
Learn more about tracking Texas legislation and working with lobbyists.
How to Read & Track Texas Bills
Master bill numbering, understand legislative language, and learn effective tracking strategies.
Understanding Texas Legislative Deadlines
Navigate the 140-day session with critical calendar dates and filing deadlines.
How Laws Get Made in Texas
Follow a bill's journey from filing to the governor's desk through committees and floor votes.
When Should Your Business Hire a Lobbyist?
Discover the signs that your business needs professional advocacy at the Texas Capitol.