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Democrats vs. Republicans: First election coming for Travis Central Appraisal District board

Wednesday, April 10, 2024 by Jo Clifton

Even though their party affiliations will not be on the ballot, three Democrats, three Republicans and a Libertarian are running for three seats on the Travis Central Appraisal District Board of Directors. That election on May 4 will be the first such election since passage of a law requiring that three of those directors be elected.

A new state law dictates that at least two of the three elected members of the TCAD Board of Directors agree on all Appraisal Review Board (ARB) appointments. Travis County Democrats are concerned that this low-key election could result in the election of Republicans who will try to influence decisions that could end up hurting school districts in particular by appointing people who want to lower property values.

The Travis County Democratic Party has endorsed the three Democrats in the race: Jett Hanna, Shenghao “Daniel” Wang and Dick Lavine – in Places 1, 2 and 3, respectively.

Two well-known Republicans – Travis County Republican Party Chair Matt Mackowiak and former Austin City Council Member Don Zimmerman – and a lesser-known candidate, Bill May, are also vying for the three seats. In addition, software engineer Jonathan Craig Patschke, who is listed online as the treasurer of the Travis County Libertarian Party, is running against Wang and Mackowiak for Place 2.

As Democrats explain, if an appraisal review board undervalues properties, local school districts will get less funding. The Texas comptroller is required to study property values set by the appraisal district every two years and determine whether the appraised values are correct. If properties are undervalued, the district can be forced to pay more of its base budget and get less funding from the state. For example, for Conroe ISD, among others, that determination could result in a loss of millions of dollars in state funds.

The Austin Monitor asked each of the candidates for a statement about their candidacy and got responses from Hanna, Wang, Lavine, May and Zimmerman.

Place 1: Hanna vs. Zimmerman

Attorney Jett Hanna served on the TCAD Board of Directors as an appointed member back in the 1980s. In a previous job, he notes he was board certified in commercial real estate law. He is currently serving on the Texas Supreme Court Professional Ethics Committee. Hanna said, “I have no real estate interests except my house, and I have a child who rents an apartment here in Austin.”

Hanna is among those concerned about the impact elected members could have on the appraisal board. He told the Monitor via email, “A majority of the 3 elected members must agree to each ARB member. Essentially, 2 elected members can either stall ARB appointments or force appointment of ARB members who aren’t acceptable to the rest of the board.

“Giving the elected members this power creates some direct accountability to voters for the ARB appointments, but also creates a potential to introduce politics into what should be a technical process. The elected members should not try to introduce a tax cutting agenda, a public school defending agenda or a wealth redistribution agenda to the appraisal process. The places for having those arguments are in the legislature, which sets the tax structure and in the local governments, which set the tax rates.”

Don Zimmerman directed the Monitor to the League of Women Voters for a statement on his candidacy, but it couldn’t be located. When asked for it directly, Zimmerman told the Monitor via text message: “Not sure I’m going to bother – it’s a county wide election and for 22 years I’ve seen Travis county vote for unlimited government and taxation with precious few exceptions (voting down Sarah Eckhart’s downtown courthouse boondoggle in 2015 was one rare instance, but I had the visibility on D6 council seat which helped). I stand for the opposite and many voters already know that. The partisan Democrat organizations are already beating the drums that ‘anti-government Republican extremists’ are on the ballot to defend taxpayers – have you seen their emails?”

“The religion of the Progressives is evident everywhere.  The incredibly famous prophecy of Isaiah 9:7, speaking of Christ the Messiah, says ‘of the increase of His government and peace there shall be no end’. Progressives see almighty government as Messiah, so they to see no end to the increase of almighty government power, which comes from confiscatory taxation and unlimited, arbitrary legislation freed from the shackles of ‘God given rights and liberties’. But that tyrannical government is from hell, so the absence of peace – and  escalation of conflict – never ends.” Zimmerman added later: “Everything is partisan for the extremist partisan Democrats, whose god is almighty government, and whose altar is political power.”

Place 2: Wang, Mackowiak and Patschke

The very first thing you will see when you go to Daniel Wang’s website is the statement, “Daniel is a proud Democrat running against the Republican Party Chair of Travis County.” However, right after that he provides a lengthy statement about the need for property appraisal to “be kept separate from the political considerations that school boards, city councils and county commissioners weigh in setting the tax rate applied to property values.”

His website further explains that the job of the appraisal district “is to set fair and accurate property values throughout Travis County, as required by the Texas Constitution.” As Wang explains, the appraisal district does not set property taxes but provides taxing authorities – including cities, counties and school districts – with information about the value of each property.

“Property owners can protest the appraisal set by TCAD through appeals to the Appraisal Review Board (ARB) – citizens appointed by the Board of Directors to impartially weigh evidence brought by the taxpayer disputing their valuation. In choosing members of the ARB, directors should look for fair-minded people who can listen to both sides and accurately apply the rules governing valuation. Appraisals are controlled by professional standards, state law and oversight by the state comptroller. The ARB has no role in setting tax rates.”

He told The Austin Chronicle, “The GOP wants to defund local government. Screwing up the appraisal process is one way they could achieve that goal.”

Although Matt Mackowiak did not respond to the Monitor’s request for comments, he told The Austin Bulldog, “I’m not anti-government, but people in Austin are really concerned about the massive and unsustainable increases in property taxes. The legislature took some steps to address that problem with the 3.5 percent rollback requirement,” citing a state law that requires an election if a taxing authority wants to raise taxes by more than that.

Mackowiak is also one of the founders of Save Austin Now, the group that sponsored a ballot initiative to enforce restrictions on homeless camping. That fight continues.

According to his LinkedIn page, Jonathan Patschke is a software developer who graduated from Rice University in 2001. He currently works for twentyAI, which describes itself as providing “augmented intelligence enabled talent solutions across the UK, Europe and USA.” He is listed as the treasurer of the Travis County Libertarian Party.

Patschke did not respond to the Monitor’s request for comments, but told the Bulldog via email, “I see this as a great opportunity for public oversight of a government agency with which homeowners have direct interaction.”

“Prior to filing to be on the ballot, I’d heard that no one else had done so and it seemed a shame that no one else was willing to put in the effort for a position that might make a small difference for all of us in Travis County,” he said. “Through the limited scope of the board position I hope to improve the fairness and efficiency of the appraisal process.”

Place 3: Lavine vs. May

Dick Lavine, a licensed attorney, has served as senior fiscal analyst with the nonprofit Every Texan for the past 30 years. He also serves on the board of trustees of the city of Austin’s Employee Retirement System. Lavine was a member of the TCAD Board of Directors from 1997 to 2018. He told the Monitor he was disappointed when he wasn’t reappointed by the Austin ISD board. Now, he has the opportunity to serve again. Lavine said it would be the board’s job to “appoint people who would give property owners a fair hearing and arrive at an accurate result.” He called appraisal “really a technical process. … That’s all it should be, the best estimate of real market value.” He said he was committed to keeping political considerations out of the appraisal process.

Bill May told the Monitor via email, “My family moved to Austin when I was 3 years old, (76 now) and I have seen the changes that have affected the lives of many people that call Austin home. After my father became ill if I had not been doing very well in my commercial construction company and helping them out financially there would have not been any way for them to remain in the home they built in 1957. One of the most important ways of tackling affordability in area of the state of Texas is making sure there is a fair and understandable method to determine the valuation of real estate. I currently own the home that sits on .87 acres and the taxes for last year were over $11,000 as it’s not homesteaded, as my daughter is renting it. For older citizens of Austin it is becoming harder each year to stay here, with no relief in site. I have always tried to get involved to KEEP AUSTIN a great place for all to live and being retired I feel that I will have time to commit to the position.”

Election day is May 4, with early voting running April 22-30.

TCAD spokesperson Cynthia Martinez told the Monitor that TCAD hopes to release 2024 appraisal values by the end of this week. Any property owner who believes his or her property has been overvalued will have the opportunity to protest that appraisal. If a settlement is not approved through that process, it moves  to the review board, which is appointed by the TCAD Board of Directors.

The Austin Monitor’s work is made possible by donations from the community. Though our reporting covers donors from time to time, we are careful to keep business and editorial efforts separate while maintaining transparency. A complete list of donors is available here, and our code of ethics is explained here. This story has been changed since published. The elected board members will initially join 9 appointed members and the Tax Assessor Collector on our board and the board will have 13 members from July through January. In addition, the comptroller studies appraisals set by the district, not the board. This year, all households will be sent a notice of appraised value, and we have clarified the protest process.

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