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Benbrook council authorizes legal challenge to removal of properties from ad valorem tax rolls
Summary
After a closed executive session, the Benbrook City Council authorized the city manager to hire the city attorney and pursue legal action, including a tax-exemption challenge and possible lawsuit against Pecos Housing Finance Corporation, to reverse removals from the ad valorem tax rolls. The measure passed unanimously.
BENBROOK, Texas — The Benbrook City Council on June 19 unanimously authorized the city manager to engage the city attorney’s office and pursue legal action to challenge the removal of properties from the city’s ad valorem tax rolls, including a potential tax-exemption challenge and lawsuit naming Pecos Housing Finance Corporation.
The action followed a closed executive session called under Texas Government Code Section 551.071 to consult about contemplated litigation. Mayor Jason Ward said the council would meet in executive session “pursuant to the provisions of the open meeting law contained in 551 Texas Government Code in accordance with authority contained in section 551.071, consultation with City contemplated litigation authorizing the filing of a tax exemption challenge under the tax code and the filing of a lawsuit against Pecos Housing Finance Corporation and other appropriate parties to invalidate removal of properties from the ad valorem tax rolls.”
The council recessed into executive session at 7:03 p.m. and reconvened in open session at 7:23 p.m. In open session, a councilmember moved that the council “authorize the city manager to enter into an engagement agreement with the city attorney’s office to take all appropriate legal action to challenge and invalidate the removal of [properties]” from the tax rolls. The motion was seconded and carried unanimously.
Why this matters: The council’s authorization gives the city formal direction to proceed with legal steps to challenge recent removals from the tax rolls and to seek a tax-exemption challenge under the Texas Tax Code. The council agenda and motion did not specify the number of properties affected, the legal theories to be used beyond a referenced tax-exemption challenge, or a timetable for filing suit.
Council procedure and limits: The council cited Texas Government Code §551.071 to meet in closed session for legal consultation. The authorization applies to engaging the city attorney and directing the city manager to enter an engagement agreement; it does not itself begin litigation. The council did not provide further financial authorizations or specify litigation counsel fees during the public portion of the meeting.
Next steps: The council-required engagement agreement and any subsequent filings were described only in general terms at the meeting; specific filings, case numbers, or deadlines were not provided.
