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Know Your Rights

Your Texas Property Tax Legal Rights

Texas Tax Code Chapter 41 gives every homeowner the right to protest their appraisal — and places strict obligations on the county appraisal district and ARB. Here's what the law actually guarantees you.

The most important right most homeowners don't use

§41.43 Unequal Appraisal — if your home is appraised at a higher dollar-per-sqft than similar properties in your neighborhood, the ARB must reduce your value to the median of comparable properties. You don't need sale prices. The county's own public appraisal data is sufficient evidence.

Your rights under Texas Tax Code Chapter 41

§41.41

Right to protest market value

You can protest that your home's appraised value exceeds its actual market value. The burden is on you to provide evidence — typically recent comparable sales. Because Texas is a non-disclosure state (sale prices aren't public record), this argument is harder to prove without paid data. Most residential protestors use §41.43 instead.

§41.43

Right to equal (unequal) appraisal

This is the most powerful argument for Texas homeowners. If your home is appraised at a higher $/sqft than similar properties in your neighborhood — using the same county appraisal data — the ARB must reduce your value. You don't need sale prices. The county's own data is the evidence. The standard is the median appraised value of a representative sample of comparable properties.

§41.44

Right to file a protest by the deadline

You have until May 15 or 30 days after your Notice of Appraised Value is delivered — whichever is later. You may file even if you didn't receive a mailed notice, as long as you file by the applicable deadline. Late protests are not accepted (with very limited clerical-error exceptions).

§41.461

Right to access the CAD's evidence before your hearing

At least 14 days before your ARB hearing, the appraisal district must give you access to the evidence it intends to use. This means you can see exactly what comparable properties the CAD selected to support its value — and prepare a rebuttal. Request this evidence proactively; most CADs provide it through their online portal.

§41.66

Right to a meaningful ARB hearing

The Appraisal Review Board (ARB) must give you an opportunity to present evidence and arguments. They cannot rubber-stamp the CAD's value without considering your evidence. Hearings must be held at a reasonable time. You have the right to present witnesses, submit documents, and cross-examine the CAD's appraiser.

§41.67

Right to a decision based on the evidence

The ARB must issue its determination based on the evidence presented. It cannot simply accept the CAD's appraisal without independent review. The determination must be in writing, and you have the right to receive a copy.

§41.45

Right to reschedule your hearing

You can reschedule an ARB hearing for good cause. Requests must be made at least 4 days before the hearing. The ARB may grant or deny — but the right to request exists. If the ARB denies without cause, that itself can be grounds for further appeal.

§42.01

Right to appeal to district court

If you're unsatisfied with the ARB's decision, you can appeal to the state district court within 60 days. This is a de novo review — the court considers evidence fresh, not just what the ARB saw. Most homeowners don't reach this stage, but the right exists and is meaningful leverage in negotiations.

What you can and cannot be denied at a hearing

These protections apply at both the informal (appraiser) and formal (ARB panel) stages.

1

The ARB cannot retaliate

Filing a protest cannot result in your value being increased above what it was before the protest. This is explicit in Texas law. The CAD and ARB cannot punish you for protesting.

2

You may represent yourself

No lawyer required. Texas law allows you to represent yourself (or a family member's property) before the ARB. You need no license, certification, or legal background to present your case.

3

You can bring an agent (with limitations)

A licensed property tax consultant (under Texas Occupations Code §1152) or an attorney can represent you. Unlicensed third parties may not represent you for compensation. TaxProtest.net provides you a packet — you represent yourself.

4

You can protest every year

There is no restriction on protesting annually. In fact, it's recommended — appraisal districts recalibrate mass appraisals each year and frequently overcorrect, especially in fast-appreciating neighborhoods.

5

Informal settlements are binding

If you reach a settlement agreement with a CAD appraiser at the informal hearing stage and sign it, that value is final for the tax year. You typically cannot reopen a signed settlement. Review the offer carefully before signing.

What the appraisal district is required to do

  • Mail you a Notice of Appraised Value each year your value changes
  • Provide access to all evidence it will use at your hearing, at least 14 days in advance (§41.461)
  • Appraise all properties in the county at equal and uniform value — mass appraisal inconsistencies are the foundation of most successful protests
  • Maintain records accessible to the public (most counties publish their full appraisal roll — this is the data TaxProtest.net uses)
  • Honor a signed informal settlement agreement — it cannot be reopened or increased later in the same tax year

Protest timeline: what happens when

April

CAD mails Notices of Appraised Value

May 15

Protest filing deadline (or 30 days after notice, whichever is later)

May–June

Informal hearing scheduled — 15–30 min call or meeting with CAD appraiser

June–July

Formal ARB hearing (if you reject informal settlement or no informal was held)

~30 days post-hearing

ARB issues written determination

60 days post-ARB

Deadline to appeal to district court (§42.01)

What to say at your informal hearing

Keep it brief and data-focused. The informal hearing is not a negotiation — it's a presentation of facts. Appraisers respond to numbers, not stories.

“I'm protesting under §41.43 unequal appraisal.

My property at [address] is appraised at $[X]/sqft.

These comparable properties in the same neighborhood are appraised at a median of $[Y]/sqft: [address 1], [address 2], [address 3].

I'm requesting a reduction to $[target value], which brings me to the median $/sqft of my comparable neighbors.”

Your TaxProtest.net packet fills in all these numbers for you.

Legal disclaimer: TaxProtest.net is not a law firm and does not provide legal advice. This page is educational and summarizes publicly available provisions of the Texas Tax Code. For specific legal questions, consult a licensed Texas attorney. Texas Occupations Code §1152 governs who may represent property owners before an ARB for compensation — TaxProtest.net provides data and documents; you represent yourself.

Ready to exercise your rights?

TaxProtest.net builds your §41.43 evidence packet from your county's own appraisal data — no sale prices needed, no lawyer required.

Get My Evidence Packet — $59

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