Texas Codes

Tex. Tax Code § 41.43 (2026)

Protest Of Determination Of Value Or Inequality Of Appraisal

✓ current as of May 2026

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Sec. 41.43. PROTEST OF DETERMINATION OF VALUE OR INEQUALITY OF APPRAISAL. (a) Except as provided by Subsections (a-1), (a-3), and (d), in a protest authorized by Section 41.41(a)(1) or (2), the appraisal district has the burden of establishing the value of the property by a preponderance of the evidence presented at the hearing. If the appraisal district fails to meet that standard, the protest shall be determined in favor of the property owner.

(a-1) If in the protest relating to a property with a market or appraised value of $1 million or less as determined by the appraisal district the property owner files with the appraisal review board and, not later than the 14th day before the date of the first day of the hearing, delivers to the chief appraiser a copy of an appraisal of the property performed not later than the 180th day before the date of the first day of the hearing by an appraiser certified under Chapter 1103, Occupations Code, that supports the appraised or market value of the property asserted by the property owner, the appraisal district has the burden of establishing the value of the property by clear and convincing evidence presented at the hearing. If the appraisal district fails to meet that standard, the protest shall be determined in favor of the property owner.

(a-2) To be valid, an appraisal filed under Subsection (a-1) must be attested to before an officer authorized to administer oaths and include:

(1) the name and business address of the certified appraiser;

(2) a description of the property that was the subject of the appraisal;

(3) a statement that the appraised or market value of the property:

(A) was, as applicable, the appraised or market value of the property as of January 1 of the current tax year; and

(B) was determined using a method of appraisal authorized or required by Chapter 23; and

(4) a statement that the appraisal was performed in accordance with the Uniform Standards of Professional Appraisal Practice.

(a-3) In a protest authorized by Section 41.41(a)(1) or (2), the appraisal district has the burden of establishing the value of the property by clear and convincing evidence presented at the hearing if:

(1) the appraised value of the property was lowered under this subtitle in the preceding tax year;

(2) the appraised value of the property in the preceding tax year was not established as a result of a written agreement between the property owner or the owner's agent and the appraisal district under Section 1.111(e); and

(3) not later than the 14th day before the date of the first day of the hearing, the property owner files with the appraisal review board and delivers to the chief appraiser:

(A) information, such as income and expense statements or information regarding comparable sales, that is sufficient to allow for a determination of the appraised or market value of the property if the protest is authorized by Section 41.41(a)(1); or

(B) information that is sufficient to allow for a determination of whether the property was appraised unequally if the protest is authorized by Section 41.41(a)(2).

(a-4) If the appraisal district has the burden of establishing the value of property by clear and convincing evidence presented at the hearing on a protest as provided by Subsection (a-3) and the appraisal district fails to meet that standard, the protest shall be determined in favor of the property owner.

(a-5) Subsection (a-3)(3) does not impose a duty on a property owner to provide any information in a protest authorized by Section 41.41(a)(1) or (2). That subdivision is merely a condition to the applicability of the standard of evidence provided by Subsection (a-3).

(b) A protest on the ground of unequal appraisal of property shall be determined in favor of the protesting party unless the appraisal district establishes that:

(1) the appraisal ratio of the property is equal to or less than the median level of appraisal of a reasonable and representative sample of other properties in the appraisal district;

(2) the appraisal ratio of the property is equal to or less than the median level of appraisal of a sample of properties in the appraisal district consisting of a reasonable number of other properties similarly situated to, or of the same general kind or character as, the property subject to the protest; or

(3) the appraised value of the property is equal to or less than the median appraised value of a reasonable number of comparable properties appropriately adjusted.

(c) For purposes of this section, evidence includes the data, schedules, formulas, or other information used to establish the matter at issue.

(d) If the property owner fails to deliver, before the date of the hearing, a rendition statement or property report required by Chapter 22 or a response to the chief appraiser's request for information under Section 22.07(c), the property owner has the burden of establishing the value of the property by a preponderance of the evidence presented at the hearing. If the property owner fails to meet that standard, the protest shall be determined in favor of the appraisal district.

Acts 1979, 66th Leg., p. 2305, ch. 841, Sec. 1, eff. Jan. 1, 1982. Amended by Acts 1981, 67th Leg., 1st C.S., p. 170, ch. 13, Sec. 137, eff. Jan. 1, 1982; Acts 1983, 68th Leg., p. 4924, ch. 877, Sec. 2, eff. Jan. 1, 1984; Acts 1985, 69th Leg., ch. 823, Sec. 3, eff. Jan. 1, 1986; Acts 1989, 71st Leg., ch. 796, Sec. 35, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 1039, Sec. 37, eff. Jan. 1, 1998; Acts 2003, 78th Leg., ch. 1041, Sec. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1173, Sec. 11, eff. Jan. 1, 2004.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1085 (H.B. 3024), Sec. 1, eff. September 1, 2007.

Acts 2013, 83rd Leg., R.S., Ch. 1259 (H.B. 585), Sec. 20(a), eff. September 1, 2013.

Notes of Decisions

Cited in 12 cases (4 in the last 5 years), 1997–2025 · leading case: City of Austin v. Travis Cent. Appraisal Dist., 506 S.W.3d 607 (Tex. App. 2016).

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City of Austin v. Travis Cent. Appraisal Dist., 506 S.W.3d 607 (Tex. App. 2016). “In other words, under section 41.43(b)(3) and section 42.”

Bullseye PS III LP v. Harris Cnty. Appraisal Dist., 365 S.W.3d 427 (Tex. App. 2011). · cites it 2× “Tex. Tax Code Ann. § 41.43 (a) (Vernon 2008).”

in Re Catherine Tower LLC, 553 S.W.3d 679 (Tex. App. 2018). “2 See Tex. Tax Code §§ 41.43(b)(3) (providing this standard in protest proceedings before appraisal review board), 42.”

Charles Bruce Sledd v. Lynzie W. Garrett, Norma A. Landry & James R. Mahon, 123 S.W.3d 592 (Tex. App. 2003). “Sledd claims the Panel Members were negligent because they ignored Texas Tax Code section 41.43, which requires the District to establish value by a preponderance of the evidence.”

Harris Cnty. Appraisal Dist. v. Duncan, 944 S.W.2d 706 (Tex. App. 1997). “Compare TexTax Code Ann. §§ 41.43 and 42.26(a) (Vernon 1992); see also Kliewer, The New Property Tax Code and Perfecting the Appeal: The Taxpayer’s Perspective, 13 St.”

Kenedy Cnty. Wide Sch. Dist. v. Glenn Hegar, Texas Comptroller of Pub. Accounts, in His Off. & Individual Capacity (Tex. App. 2025). · cites it 2× “12 Tex. Tax Code § 41.43 ...................”

Amreit SSPF Preston Towne Crossing LP, Amreit SSPF PTC Anchor LP, Amreit SSPF Berkeley LP & Amreit SSPF Preston Gold LP v. Collin Cent. Appraisal Dist. (Tex. App. 2020). “The appraised value of the Property is not equal and uniform compared to the median level of appraisal of similarly situated properties and/or not equal and uniform compared to appropriately adjusted comparable properties in violation of Tex. Tax Code §§ 41.43, 42.26 and Tex.…”

Parkwood 121 Vill., LP v. Collin Cent. Appraisal Dist. (Tex. App. 2024). “TEX. TAX CODE ANN. § 41.43(a). The purpose of the hearing is to give both the appraisal district and the property owner an opportunity to appear before the board and to present evidence and arguments regarding the parties’ relative opinions on the property’s value.”

Nicholas Lee v. Hood Cnty. Appraisal Dist. (Tex. App. 2024). “Tex. Tax Code Ann. § 41.43 (a). This burden then shifts to the owner if and when he decides to appeal the ARB decision to the district court.”

J-W Power Co. v. Jack Cnty. Appraisal Dist. (Tex. App. 2024). “25(c) applies to his situation”), with Tex. Tax Code Ann. § 41.43 (a) . . . (placing burden of proof on appraisal district to establish value of property at administrative hearing).”

Stacy Fam. Enter., Inc. v. Tarrant Appraisal Dist. (Tex. App. 2013). “; see also Tex. Tax Code Ann. § 41.43 (allowing a property owner to protest appraisal district’s determination of property value).”

Parra Furniture & Appliance Ctr., Inc. v. Cameron Appraisal Dist. & Cameron Appraisal Review Bd. (Tex. App. 2010). “" See Tex. Tax Code Ann. § 41.43 (a) (Vernon 2008) (providing that "the appraisal district has the burden of establishing the value of the property by a preponderance of the evidence presented at the hearing.”

— Tex. Tax Code § 41.43(a) — 2 cases

Bullseye PS III LP v. Harris Cnty. Appraisal Dist., 365 S.W.3d 427 (Tex. App. 2011). “Tex. Tax Code Ann. § 41.43 (a) (Vernon 2008).”

— Tex. Tax Code § 41.43(b)(3) — 2 cases

City of Austin v. Travis Cent. Appraisal Dist., 506 S.W.3d 607 (Tex. App. 2016). “In other words, under section 41.43(b)(3) and section 42.”

in Re Catherine Tower LLC, 553 S.W.3d 679 (Tex. App. 2018). “2 See Tex. Tax Code §§ 41.43(b)(3) (providing this standard in protest proceedings before appraisal review board), 42.”

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