Harris CountyLast checked: October 12, 2026
What evidence can you use in a Harris County property tax protest?
Each party to a protest hearing is entitled to offer evidence (Tax Code 41.66(b)). For purposes of Section 41.43, which covers protests of value and unequal appraisal, evidence includes the data, schedules, formulas or other information used to establish the matter at issue (41.43(c)). The Comptroller lists information that may be relevant in considering true value, such as property photographs, sales price documentation and receipts or estimates for repairs. HCAD's 2026 hearing rules set copy and format requirements for evidence in Harris County (Part VI).
This page describes what the Texas Tax Code, the Texas Comptroller and the Harris Central Appraisal District (HCAD) publish about protest evidence. It is not legal advice, and it does not say which evidence an appraisal review board will accept. The appraisal review board decides each protest.
What kinds of evidence does the Comptroller list?
The Comptroller's protest page lists information such as:
- Property photographs (yours and comparables)
- Receipts or estimates for repairs
- Sales price documentation, such as listings, closing statements and other information
- Calculations of median level of appraisal, if protesting equal and uniform appraisal
- Affidavits, if needed
- Newspaper articles
- Architectural drawings or blueprints
- Engineering reports
- Property surveys
- Deed records
Which Tax Code provisions use comparable properties?
Two Tax Code provisions that use comparable properties are Section 23.013, on the market data comparison method of appraisal, and Section 41.43(b)(3), one of three median tests for unequal appraisal that the appraisal district may establish.
| Comparison | Tax Code section | What the text says | Who carries it |
|---|---|---|---|
| Market data comparison method | 23.013(a) | "If the chief appraiser uses the market data comparison method of appraisal to determine the market value of real property, the chief appraiser shall use comparable sales data and shall adjust the comparable sales to the subject property." | The chief appraiser |
| Unequal appraisal, one of three median tests | 41.43(b)(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." | The appraisal district: 41.43(b) reads "unless the appraisal district establishes that". |
Section 23.013 and comparable sales
- 23.013(b): a sale is not considered a comparable sale unless it occurred within 24 months of the date as of which the market value of the subject property is to be determined, though a sale outside that period may be considered if enough comparable properties were not sold during that period to constitute a representative sample. Subsection (b-1), below, applies notwithstanding this subsection.
- 23.013(b-1): notwithstanding Subsection (b), for a residential property in a county with a population of more than 150,000, a sale is not considered a comparable sale unless it occurred within 36 months of the date as of which the market value of the subject property is to be determined, regardless of the number of comparable properties sold during that period.
- 23.013(d): whether a property is comparable is determined based on similarities with regard to location, square footage of the lot and improvements, property age, property condition, property access, amenities, views, income, operating expenses, occupancy, and the existence of easements, deed restrictions, or other legal burdens affecting marketability.
What can an owner ask the appraisal district for before the hearing?
On request, an owner or the owner's agent is entitled to a copy of the data, schedules, formulas and all other information the chief appraiser will introduce at the hearing to establish any matter at issue. The chief appraiser must inform the owner of that at least 14 days before the hearing and may not charge for the copies (Tax Code 41.461(a), (b)).
Information previously requested under Section 41.461 by the protesting party and not delivered at least 14 days before the scheduled or postponed hearing "may not be used or offered in any form as evidence in the hearing, including as a document or through argument or testimony" (Tax Code 41.67(d)). That subsection "does not apply to information offered to rebut evidence or argument presented at the hearing by the protesting party or that party's designated agent."
What do Harris County's 2026 hearing rules say about evidence?
HCAD's ARB 2026 Hearings Rules and Procedures, adopted March 6, 2026, say that evidence must be copied in advance at the presenter's expense and that "Four copies are required at formal hearings (three for the ARB panel and one for the adverse party)" (Part VI, item 4.f). The same item adds:
- Before the hearing or immediately after it begins, the owner's or agent's evidence "must be produced either in print or in electronic format so that the evidence may be retained by the ARB." If evidence is presented in electronic format, a copy must also be given to the ARB on a compact disk (CD) or a USB flash drive, and "All data must be presented in PDF format."
- For lengthy documents, "one master copy can be presented along with four copies of an executive summary detailing the relevant content of the document."
- The ARB "cannot accept and will not accept any copies of electronic evidence by email during a protest hearing nor will such evidence be downloaded to a computer from any device by an HCAD appraiser before or during a protest hearing."
Comptroller Rule 9.805(c) says the appraisal review board determines the types of file formats and devices that meet the requirements of subsection (b) and specifies them in its hearing procedures. It adds that the appraisal district and the property owner or the owner's agent may agree to exchange evidence in a manner other than the one in the hearing procedures, so long as a copy may be retained in the board's records and satisfies subsection (a).
Comparable sales
HCAD's 2026 rules say, in a list that follows the paragraph on third party evidence, that comparable sales "must be verified and provide detailed information concerning location, year of construction, land area, building area, extent of remodeling (if applicable), contract date, sales price, and financing terms" (Part VI, item 4, list item (c), page 20).
What the board may consider
The board "may not consider any appraisal district information on a protest that was not presented to the appraisal review board during the protest hearing" (Tax Code 41.66(e)). For how a hearing runs, see the guide to the Harris County protest hearing.
What does HCAD say an owner can see after an iSettle decision?
HCAD says that as soon as it notifies the owner of its iSettle decision, the owner has "immediate online access to all of the information including the comparable sales we used in considering your appeal" and can use that information to decide whether to accept or reject the decision.
To be considered for iSettle, HCAD says "it is important to check this option on your protest and give an opinion of value for your property." HCAD adds: "If you are not satisfied, you'll be scheduled to make your case at a formal Appraisal Review Board hearing."
HCAD's page is undated. For the filing steps, see the how to protest guide.
Who has the burden of proof in a Texas protest?
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, except as provided in Subsections (a-1), (a-3) and (d) (Tax Code 41.43(a)).
Certified appraisal (41.43(a-1) and (a-2))
In a protest relating to a property with a market or appraised value of $1 million or less as determined by the appraisal district, the district has the burden of establishing the value by clear and convincing evidence presented at the hearing if:
- the property owner files with the appraisal review board and, not later than the 14th day before the first day of the hearing, delivers to the chief appraiser a copy of an appraisal of the property;
- the appraisal was performed not later than the 180th day before the first day of the hearing by an appraiser certified under Chapter 1103, Occupations Code;
- the appraisal supports the appraised or market value of the property asserted by the property owner; and
- the appraisal meets Subsection (a-2): it is attested to before an officer authorized to administer oaths and includes the contents that subsection lists.
Lowered prior-year value (41.43(a-3))
In a protest authorized by Section 41.41(a)(1) or (2), the district has the burden of establishing the value by clear and convincing evidence presented at the hearing if:
- the appraised value of the property "was lowered under this subtitle in the preceding tax year";
- that value 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
- not later than the 14th day before the first day of the hearing, the owner files with the appraisal review board and delivers to the chief appraiser 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 (a Section 41.41(a)(1) protest), or information that is sufficient to allow for a determination of whether the property was appraised unequally (a Section 41.41(a)(2) protest).
Section 41.43(d) and Section 23.01(e) set other burdens and standards in the situations they describe.
Questions
Can an owner send an affidavit instead of appearing?
A property owner may offer evidence or argument by affidavit without personally appearing, and must submit it to the board hearing the protest before the board begins the hearing (Tax Code 41.45(b)). The board may consider an affidavit only if the owner does not appear in person (41.45(n)). HCAD's 2026 rules say affidavits must be original documents properly sworn to before a notary public (Part VI, item 4.e). The protest hearing guide covers the affidavit requirements.
Who presents first?
A property owner who is a party to a protest may elect to present the owner's case either before or after the appraisal district presents its case (Tax Code 41.66(b)).
Can an owner offer a copy of a document?
A copy may be admitted if the board determines that the original is not readily available, and a party may compare it with the original on request (Tax Code 41.67(b)). HCAD's 2026 rules say "the panel chair may permit a property owner to substitute a copy of a document for the original" (Part VI, page 21), and separately require copies of evidence for the panel and the adverse party (Part VI, item 4.f).
Is testimony given under oath?
All testimony must be given under oath (Tax Code 41.67(a)).
Sources
- Texas Tax Code, chapter 41. statutes.capitol.texas.gov, chapter 41
- Texas Tax Code, chapter 23. statutes.capitol.texas.gov, chapter 23
- Texas Comptroller, Appraisal Protests and Appeals. comptroller.texas.gov
- 34 Texas Administrative Code 9.805. Cornell LII copy, read October 12, 2026. law.cornell.edu, Rule 9.805
- HCAD, ARB 2026 Hearings Rules and Procedures. Adopted March 6, 2026. HCAD hearing rules (PDF)
- HCAD, iFile and iSettle. hcad.org, iFile and iSettle
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