Tex. Tax Code § 42.21

The 60-Day Window to File Suit

No deadline in Texas property tax practice is more important — or more frequently missed — than the 60-day window to file a Chapter 42 petition for review. It is jurisdictional, it is unforgiving, and it starts the moment the ARB order lands in the owner's hands.

The statute, in one sentence

A party who appeals as provided by this chapter must file a petition for review with the district court within 60 days after the party received notice that a final order has been entered from which an appeal may be had. Tex. Tax Code § 42.21(a).

Why "jurisdictional" matters

A jurisdictional deadline is not a statute of limitations that the defendant must affirmatively plead. It is a precondition to the court's power to hear the case at all. If the petition is filed on day 61, the district court has no jurisdiction — the suit must be dismissed, regardless of how strong the merits are, regardless of whether the appraisal district objects, and regardless of the equities. The owner has lost the right to challenge that year's appraised value.

When the clock starts

The 60 days run from the date the property owner received notice of the final order — not the date the ARB signed it, not the date it was mailed, and not the date it was placed in the owner's tax agent's office mail tray. The Comptroller and the courts have treated the receipt date as the operative trigger, and § 1.07 of the Tax Code presumes delivery on a specific date for certain mailings.

In practice this means: preserve the envelope, log the date, and treat the receipt date as fixed. Owners who rely on internal recollections of "sometime in late July" routinely cut the window dangerously close.

What "filed" means

The petition must be on file in the district court of the county where the ARB sits before midnight on the sixtieth day. Texas Rule of Civil Procedure 21 governs electronic filing through the eFileTexas portal. A petition uploaded and accepted before midnight is timely; one queued but not accepted may not be.

Other Chapter 42 deadlines worth knowing

Practical checklist when an ARB order arrives

If you have just received an ARB order, the single most valuable thing you can do is start the clock today rather than next week.

Need counsel?
Discuss your matter with the firm.
Contact Ray Law Group
← All Resources