Opinion

The Duncan House Charitable Corporation v. Harris County Appraisal District

Court
Texas Supreme Court
Filed
Sep 1, 2023
Status
Published
Cited by
0 cases

The opinion

Supreme Court of Texas

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No. 21-1117

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The Duncan House Charitable Corporation,

Petitioner,

v.

Harris County Appraisal District,

Respondent

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On Petition for Review from the

Court of Appeals for the Fourteenth District of Texas

═══════════════════════════════════════

PER CURIAM

Duncan House Charitable Corporation applied for a charitable

tax exemption for the 2017 tax year covering its fifty percent ownership

interest in an historic home in Houston. The appraisal district denied

the exemption, the review board denied Duncan House’s protest, and

Duncan House filed suit for judicial review. Meanwhile, the deadline

for Duncan House to apply for an exemption for the 2018 tax year

passed. Although Duncan House never applied for the charitable

exemption for 2018, it protested the district’s 2018 appraisal because the

district failed to apply the charitable exemption. After the review board

denied that protest, Duncan House amended its trial court petition to

also challenge the denial of the 2018 exemption. The trial court

dismissed the 2018 claim for want of jurisdiction because Duncan House

never applied for the 2018 exemption.

Duncan House took an interlocutory appeal from that order, and

the court of appeals affirmed. ___ S.W.3d ___, 2021 WL 5831399, at *4

(Tex. App.—Houston [14th Dist.] Dec. 9, 2021). It determined that,

“under the plain language of the statute, the timely filing of an

application for the charitable organization exemption is a statutory

prerequisite for a charitable organization to receive the exemption.” Id.

at *3. Thus, “because Duncan House did not comply with a statutory

prerequisite of filing an application for the charitable organization

exemption for the 2018 tax year, it could not receive the exemption. As

a result, neither the Appraisal Review Board nor the trial court had

jurisdiction to grant a charitable organization exemption to Duncan

House for 2018.” Id. at *4.

In its petition for review in this Court, Duncan House argues that

the trial court erred by dismissing its claim for the 2018 exemption

because the Tax Code did not require it to apply for the 2018 exemption

and, even if it did, that requirement is not jurisdictional. We need not

decide whether the application requirement is jurisdictional because the

requirement does not apply at all if it is ultimately determined that

Duncan House is entitled to the 2017 exemption.

Generally, a person claiming a property-tax exemption must

apply for the exemption, and must do so annually, “each year the person

claims entitlement to the exemption.” TEX. TAX CODE § 11.43(a), (b).

But some exemptions, “once allowed, need not be claimed in subsequent

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years” and, with limited exceptions, “the exemption applies to the

property until it changes ownership or the person’s qualification for the

exemption changes.” Id. § 11.43(c). Exemptions allowed for charitable

organizations that meet the requirements of Sections 11.18 and 11.184

fall within this exception to the annual-application requirement. Id.

§ 11.43(b), (c). When the exception applies, the chief appraiser may

require a subsequent application to confirm the person’s continuing

qualifications, but only by delivering a written notice that a new

application is required, along with an application form. Id. § 11.43(c).

The issue of whether Duncan House is entitled to the 2017

exemption remains pending in the trial court. If the courts ultimately

conclude that Duncan House did not qualify for the exemption in 2017,

Duncan House’s failure to timely apply for the 2018 exemption will

preclude it from receiving the exemption for 2018. But if the courts

ultimately allow the exemption for 2017, Duncan House will then be

entitled to the exemption for all “subsequent years”—including 2018—

even if not timely “claimed,” unless and until the chief appraiser gives

written notice requiring a subsequent application. Id.

The court of appeals erred by holding that Duncan House’s failure

to timely apply for the 2018 exemption precludes it from receiving that

exemption even if it ultimately qualifies for the 2017 exemption. Thus,

without hearing oral argument, TEX. R. CIV. P. 59.1, we reverse the court

of appeals’ judgment and remand to the trial court for further

proceedings consistent with this opinion.

OPINION DELIVERED: September 1, 2023

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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