Texas 2009 - 81st Regular

Texas House Bill HB1229 Compare Versions

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1	1	By: Howard of Fort Bend H.B. No. 1229
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the governance and operation of appraisal districts;
7	7	providing a penalty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 6.03, Tax Code, is amended by amending
10	10	Subsections (a), (b), (c), (k), and (l) and adding Subsections
11	11	(a-1), (a-2), and (m) to read as follows:
12	12	(a) The appraisal district is governed by a board of seven
13	13	directors. Two directors are elected at the general election for
14	14	state and county officers by the voters of the county in which the
15	15	district is established, and five [Five] directors are appointed by
16	16	the taxing units that participate in the district as provided by
17	17	this section.
18	18	(a-1) If the county assessor-collector is not appointed to
19	19	the board of directors, the county assessor-collector serves as a
20	20	nonvoting director. The county assessor-collector is ineligible to
21	21	serve if the board enters into a contract under Section 6.05(b) or
22	22	if the commissioners court of the county enters into a contract
23	23	under Section 6.24(b).
24	24	(a-2) To be eligible to serve on the board of directors, an
25	25	individual, other than a county assessor-collector serving as a
26	26	nonvoting director, must be a resident of the appraisal district
27	27	and must have resided in the district for at least two years
28	28	immediately preceding the date the individual takes office. To be
29	29	eligible to be elected to the board, an individual must be a
30	30	resident of the county in which the district is established. An
31	31	individual who is otherwise eligible to serve on the board as a
32	32	member appointed by the taxing units participating in the district
33	33	is not ineligible because of membership on the governing body of a
34	34	taxing unit. An employee of a taxing unit that participates in the
35	35	district is not eligible to serve on the board as a member appointed
36	36	by the taxing units participating in the district unless the
37	37	individual is also a member of the governing body or an elected
38	38	official of a taxing unit that participates in the district.
39	39	(b) Members of the board of directors, other than a county
40	40	assessor-collector serving as a nonvoting director, serve two-year
41	41	terms. The terms of directors elected at a general election begin
42	42	on January 1 of odd-numbered years. The terms of directors
43	43	appointed by the taxing units begin [beginning] on January 1 of
44	44	even-numbered years.
45	45	(c) Members of the board of directors, other than a county
46	46	assessor-collector serving as a nonvoting director and other than
47	47	the elected members, are appointed by vote of the governing bodies
48	48	of the incorporated cities and towns, the school districts, and, if
49	49	entitled to vote, the conservation and reclamation districts that
50	50	participate in the district and of the county. A governing body may
51	51	cast all its votes for one candidate or distribute them among
52	52	candidates for any number of directorships. Conservation and
53	53	reclamation districts are not entitled to vote unless at least one
54	54	conservation and reclamation district in the district delivers to
55	55	the chief appraiser a written request to nominate and vote on the
56	56	board of directors by June 1 of each odd-numbered year. On receipt
57	57	of a request, the chief appraiser shall certify a list by June 15 of
58	58	all eligible conservation and reclamation districts that are
59	59	imposing taxes and that participate in the district.
60	60	(k) The governing body of each taxing unit entitled to vote
61	61	shall determine its vote by resolution and submit it to the chief
62	62	appraiser before December 15. The chief appraiser shall count the
63	63	votes, declare the five candidates who receive the largest
64	64	cumulative vote totals appointed [elected], and submit the results
65	65	before December 31 to the governing body of each taxing unit in the
66	66	district and to the candidates. For purposes of determining the
67	67	number of votes received by the candidates, the candidate receiving
68	68	the most votes of the conservation and reclamation districts is
69	69	considered to have received all of the votes cast by conservation
70	70	and reclamation districts and the other candidates are considered
71	71	not to have received any votes of the conservation and reclamation
72	72	districts. The chief appraiser shall resolve a tie vote by any
73	73	method of chance.
74	74	(l) If a vacancy occurs in an appointive position on the
75	75	board of directors, other than a vacancy in the position held by a
76	76	county assessor-collector serving as a nonvoting director, each
77	77	taxing unit that is entitled to vote by this section may nominate by
78	78	resolution adopted by its governing body a candidate to fill the
79	79	vacancy. The unit shall submit the name of its nominee to the chief
80	80	appraiser within 45 days after notification from the board of
81	81	directors of the existence of the vacancy, and the chief appraiser
82	82	shall prepare and deliver to the board of directors within the next
83	83	five days a list of the nominees. The board of directors shall
84	84	appoint [elect] by majority vote of its members one of the nominees
85	85	to fill the vacancy.
86	86	(m) If a vacancy occurs in an elective position on the board
87	87	of directors, the board of directors shall appoint by majority vote
88	88	of its members a person to fill the vacancy. A person appointed to
89	89	fill a vacancy in an elective position must have the qualifications
90	90	required of a director elected at a general election.
91	91	SECTION 2. Section 6.031, Tax Code, is amended to read as
92	92	follows:
93	93	Sec. 6.031. CHANGES IN BOARD MEMBERSHIP [OR SELECTION].
94	94	(a) The board of directors of an appraisal district, by resolution
95	95	adopted and delivered to each taxing unit participating in the
96	96	district before May [August] 15, may increase the number of members
97	97	on the board of directors of the district to not more than 13 or[,]
98	98	change the method or procedure for appointing the members appointed
99	99	by the taxing units participating in the district, or both, unless
100	100	the governing body of a taxing unit that is entitled to vote on the
101	101	appointment of board members adopts a resolution opposing the
102	102	change in the method or procedure for appointing those members[,]
103	103	and files it with the board of directors before June [September] 1.
104	104	If a change in the method or procedure for appointing those members
105	105	is rejected, the board shall notify, in writing, each taxing unit
106	106	participating in the district before June [September] 15.
107	107	(b) The taxing units participating in an appraisal district
108	108	may increase the number of members on the board of directors of the
109	109	district to not more than 13 or[,] change the method or procedure
110	110	for appointing the members appointed by the taxing units
111	111	participating in the district, or both, if the governing bodies of
112	112	three-fourths of the taxing units that are entitled to vote on the
113	113	appointment of board members adopt resolutions providing for the
114	114	change. However, a change under this subsection in the method or
115	115	procedure for selecting members appointed by the taxing units
116	116	participating in the district is not valid if it reduces the voting
117	117	entitlement of one or more taxing units that do not adopt a
118	118	resolution proposing it to less than a majority of the voting
119	119	entitlement under Section 6.03 [of this code] or if it reduces the
120	120	voting entitlement of any taxing unit that does not adopt a
121	121	resolution proposing it to less than 50 percent of its voting
122	122	entitlement under Section 6.03 [of this code] and if that taxing
123	123	unit's allocation of the budget is not reduced to the same
124	124	proportional percentage amount, or if it expands the types of
125	125	taxing units that are entitled to vote on appointment of board
126	126	members.
127	127	(c) An official copy of a resolution under Subsection (b)
128	128	[this section] must be filed with the chief appraiser of the
129	129	appraisal district after May [June] 30 and before August [October]
130	130	1 [of a year in which board members are appointed] or the resolution
131	131	is ineffective.
132	132	(d) Before August 15 [October 5 of each year in which board
133	133	members are appointed], the chief appraiser shall determine whether
134	134	a sufficient number of eligible taxing units have filed valid
135	135	resolutions proposing a change under Subsection (b) for the change
136	136	to take effect. The chief appraiser shall notify each taxing unit
137	137	participating in the district of each change that is adopted before
138	138	August 30 [October 10]. A change in the method or procedure for
139	139	selecting members appointed by the taxing units participating in
140	140	the district that is adopted takes effect on the date the chief
141	141	appraiser notifies the taxing units of the change. An increase in
142	142	the number of members of the board takes effect on January 1 of the
143	143	first year after the date the chief appraiser notifies the taxing
144	144	units of the increase.
145	145	(e) If the number of members of the board is increased under
146	146	this section, at least one-half of the number of new members shall
147	147	be elected to the board in the manner provided by Section 6.03. The
148	148	board of directors by majority vote of its members may increase the
149	149	number of members to be elected to more than the minimum number
150	150	required by this subsection.
151	151	(f) A change in [membership or] selection of the board
152	152	members appointed by the taxing units participating in the district
153	153	made as provided by this section remains in effect until changed in
154	154	a manner provided by this section or rescinded by resolution of a
155	155	majority of the governing bodies that are entitled to vote on
156	156	appointment of board members under Section 6.03 [of this code].
157	157	(g) [(f)] A provision of Section 6.03 [of this code] that is
158	158	subject to change under this section but is not expressly changed by
159	159	resolution of a sufficient number of eligible taxing units remains
160	160	in effect.
161	161	(h) [(g)] For purposes of this section, the conservation
162	162	and reclamation districts in an appraisal district are considered
163	163	to be entitled to vote on the appointment of appraisal district
164	164	directors if:
165	165	(1) a conservation and reclamation district has filed
166	166	a request to the chief appraiser to nominate and vote on directors
167	167	in the current year as provided by Section 6.03(c); or
168	168	(2) conservation and reclamation districts were
169	169	entitled to vote on the appointment of directors in the appraisal
170	170	district in the most recent year in which directors were appointed
171	171	under Section 6.03.
172	172	SECTION 3. Subchapter A, Chapter 6, Tax Code, is amended by
173	173	adding Section 6.032 to read as follows:
174	174	Sec. 6.032. BALLOT PROCEDURES FOR ELECTED DIRECTORS; FILING
175	175	FEE. (a) Except as provided by this section, Chapter 144, Election
176	176	Code, applies to a candidate for an elective position on an
177	177	appraisal district board of directors.
178	178	(b) An application for a place on the ballot must be filed
179	179	with the county judge of the county in which the appraisal district
180	180	is established and be accompanied by a filing fee of:
181	181	(1) $750 for a county with a population of less than
182	182	200,000; or
183	183	(2) $1,250 for a county with a population of 200,000 or
184	184	more.
185	185	(c) A candidate's name may appear on the ballot only as an
186	186	independent candidate.
187	187	(d) A filing fee received under this section shall be
188	188	deposited in the county treasury to the credit of the county general
189	189	fund.
190	190	SECTION 4. Sections 6.033 and 6.037, Tax Code, are amended
191	191	to read as follows:
192	192	Sec. 6.033. RECALL OF APPOINTED DIRECTOR. (a) The
193	193	governing body of a taxing unit may call for the recall of a member
194	194	of the board of directors of an appraisal district appointed by the
195	195	taxing units participating in the district under Section 6.03 [of
196	196	this code] for whom the unit cast any of its votes in the
197	197	appointment of the appointive board members. The call must be in
198	198	the form of a resolution, be filed with the chief appraiser of the
199	199	appraisal district, and state that the unit is calling for the
200	200	recall of the member. If a resolution calling for the recall of a
201	201	board member is filed under this subsection, the chief appraiser,
202	202	not later than the 10th day after the date of filing, shall deliver
203	203	a written notice of the filing of the resolution and the date of its
204	204	filing to the presiding officer of the governing body of each taxing
205	205	unit entitled to vote in the appointment of board members.
206	206	(b) On or before the 30th day after the date on which a
207	207	resolution calling for the recall of a member of the board appointed
208	208	by the taxing units participating in the district is filed, the
209	209	governing body of a taxing unit that cast any of its votes in the
210	210	appointment of the board for that member may vote to recall the
211	211	member by resolution submitted to the chief appraiser. Each taxing
212	212	unit is entitled to the same number of votes in the recall as it cast
213	213	for that member in the member's appointment to [of] the board. The
214	214	governing body of the taxing unit calling for the recall may cast
215	215	its votes in favor of the recall in the same resolution in which it
216	216	called for the recall.
217	217	(c) Not later than the 10th day after the last day provided
218	218	by this section for voting in favor of the recall, the chief
219	219	appraiser shall count the votes cast in favor of the recall. If the
220	220	number of votes in favor of the recall equals or exceeds a majority
221	221	of the votes cast for the member in the member's appointment to [of]
222	222	the board, the member is recalled and ceases to be a member of the
223	223	board. The chief appraiser shall immediately notify in writing the
224	224	presiding officer of the appraisal district board of directors and
225	225	of the governing body of each taxing unit that voted in the recall
226	226	election of the outcome of the recall election. If the presiding
227	227	officer of the appraisal district board of directors is the member
228	228	whose recall was voted on, the chief appraiser shall also notify the
229	229	secretary of the appraisal district board of directors of the
230	230	outcome of the recall election.
231	231	(d) If a vacancy occurs on the board of directors after the
232	232	recall of a member of the board under this section, the taxing units
233	233	that were entitled to vote in the recall election shall appoint a
234	234	new board member to the vacancy. Each taxing unit is entitled to
235	235	the same number of votes as it originally cast to appoint the
236	236	recalled board member. Each taxing unit entitled to vote may
237	237	nominate one candidate by resolution adopted by its governing body.
238	238	The presiding officer of the governing body of the unit shall submit
239	239	the name of the unit's nominee to the chief appraiser on or before
240	240	the 30th day after the date it receives notification from the chief
241	241	appraiser of the result of the recall election. On or before the
242	242	15th day after the last day provided for a nomination to be
243	243	submitted, the chief appraiser shall prepare a ballot, listing the
244	244	candidates nominated alphabetically according to each candidate's
245	245	surname, and shall deliver a copy of the ballot to the presiding
246	246	officer of the governing body of each taxing unit that is entitled
247	247	to vote. On or before the 15th day after the date on which a taxing
248	248	unit's ballot is delivered, the governing body of the taxing unit
249	249	shall determine its vote by resolution and submit it to the chief
250	250	appraiser. On or before the 15th day after the last day on which a
251	251	taxing unit may vote, the chief appraiser shall count the votes,
252	252	declare the candidate who received the largest vote total
253	253	appointed, and submit the results to the presiding officer of the
254	254	governing body of the appraisal district and of each taxing unit in
255	255	the district and to the candidates. The chief appraiser shall
256	256	resolve a tie vote by any method of chance.
257	257	(e) If the members appointed by the taxing units
258	258	participating in the district to the board of directors of an
259	259	appraisal district are [is] appointed by a method or procedure
260	260	adopted under Section 6.031 [of this code], the governing bodies of
261	261	the taxing units that voted for or otherwise participated in the
262	262	appointment of a member of the board may recall that member and
263	263	appoint a new member to the vacancy by any method adopted by
264	264	resolution of a majority of those governing bodies. If the
265	265	appointment was by election by the taxing units participating in
266	266	the district, the method of recall and of appointing a new member to
267	267	the vacancy is not valid unless it provides that each taxing unit is
268	268	entitled to the same number of votes in the recall and in the
269	269	appointment to fill the vacancy as the unit [it] originally cast for
270	270	the member being recalled.
271	271	Sec. 6.037. PARTICIPATION OF CONSERVATION AND RECLAMATION
272	272	DISTRICTS IN APPRAISAL DISTRICT MATTERS. In this title, a
273	273	reference to the taxing units entitled to vote on the appointment of
274	274	appraisal district board members includes the conservation and
275	275	reclamation districts participating in the appraisal district,
276	276	without regard to whether the conservation and reclamation
277	277	districts are currently entitled to do so under Section 6.03(c). In
278	278	a provision of this title other than Section 6.03 or 6.031 that
279	279	grants authority to a majority or other number of the taxing units
280	280	entitled to vote on the appointment of appraisal district
281	281	directors, including the disapproval of the appraisal district
282	282	budget under Section 6.06 [and the disapproval of appraisal
283	283	district board actions under Section 6.10], the conservation and
284	284	reclamation districts participating in the appraisal district are
285	285	given the vote or authority of one taxing unit. That vote or
286	286	authority is considered exercised only if a majority of the
287	287	conservation and reclamation districts take the same action to
288	288	exercise that vote or authority. Otherwise, the conservation and
289	289	reclamation districts are treated in the same manner as a single
290	290	taxing unit that is entitled to act but does not take any action on
291	291	the matter.
292	292	SECTION 5. Sections 6.41(d), (e), and (f), Tax Code, are
293	293	amended to read as follows:
294	294	(d) Members of the board are appointed by resolution of a
295	295	majority of the appraisal district board of directors, except that
296	296	the members of the board for an appraisal district established in a
297	297	county with a population of 300,000 or more are appointed by order
298	298	or resolution of the commissioners court of the county. A vacancy
299	299	on the board is filled in the same manner for the unexpired portion
300	300	of the term.
301	301	(e) Members of the board hold office for terms of two years
302	302	beginning January 1. The appraisal district board of directors by
303	303	resolution shall provide for staggered terms, so that the terms of
304	304	as close to one-half of the members as possible expire each year.
305	305	In making the initial or subsequent appointments, the board of
306	306	directors or commissioners court, as applicable, shall designate
307	307	those members who serve terms of one year as needed to comply with
308	308	this subsection.
309	309	(f) A member of the board may be removed from the board by a
310	310	majority vote of the appraisal district board of directors or
311	311	commissioners court that appointed the member. Grounds for removal
312	312	are:
313	313	(1) a violation of Section 6.412, 6.413, 41.66(f), or
314	314	41.69; or
315	315	(2) good cause relating to the attendance of members
316	316	at called meetings of the board as established by written policy
317	317	adopted by a majority of the appraisal district board of directors.
318	318	SECTION 6. Section 6.411, Tax Code, is amended to read as
319	319	follows:
320	320	Sec. 6.411. EX PARTE COMMUNICATIONS; PENALTY. (a) A member
321	321	of an appraisal review board commits an offense if the member
322	322	communicates with the chief appraiser or another employee of the
323	323	appraisal district for which the appraisal review board is
324	324	established in violation of Section 41.66(f).
325	325	(b) A chief appraiser or another employee of an appraisal
326	326	district commits an offense if the chief appraiser or other
327	327	employee communicates with a member of the appraisal review board
328	328	established for the appraisal district in a circumstance in which
329	329	the appraisal review board member is prohibited by Section 41.66(f)
330	330	from communicating with the chief appraiser or other employee.
331	331	(c) This section does not apply to communications [that do
332	332	not discuss the specific evidence, argument, facts, merits, or
333	333	property involved in a hearing currently pending before the
334	334	appraisal review board or to communications] between the board and
335	335	its legal counsel.
336	336	(d) An offense under this section is a Class A [C]
337	337	misdemeanor.
338	338	SECTION 7. Section 52.092, Election Code, is amended by
339	339	adding Subsection (k) to read as follows:
340	340	(k) The secretary of state shall prescribe procedures for
341	341	listing the office of appraisal district director on the ballot.
342	342	SECTION 8. Sections 6.034 and 6.10, Tax Code, are repealed.
343	343	SECTION 9. (a) The appropriate number of appraisal
344	344	district directors holding elective positions shall be elected in
345	345	each appraisal district as provided by Section 6.03, Tax Code, as
346	346	amended by this Act, and Section 6.032, Tax Code, as added by this
347	347	Act, beginning with the general election for state and county
348	348	officers conducted in 2010. Members then elected take office
349	349	January 1, 2011.
350	350	(b) The change in law made by this Act does not affect the
351	351	selection of appraisal district directors serving before January 1,
352	352	2011.
353	353	SECTION 10. (a) As soon as practicable on or after January
354	354	1, 2010, the commissioners court of each county with a population of
355	355	300,000 or more shall in the manner provided by Section 6.41, Tax
356	356	Code, as amended by this Act, appoint the members of the appraisal
357	357	review board for the appraisal district established in the county.
358	358	In making the initial appointments, the commissioners court shall
359	359	designate those members who serve terms of one year as necessary to
360	360	comply with Section 6.41(e), Tax Code, as amended by this Act.
361	361	(b) The term of a member of an appraisal review board
362	362	established in a county with a population of 300,000 or more serving
363	363	on December 31, 2009, expires on January 1, 2010.
364	364	SECTION 11. (a) Except as provided by Subsections (b) and
365	365	(c) of this section, this Act takes effect January 1, 2011.
366	366	(b) Section 6.41, Tax Code, as amended by this Act, takes
367	367	effect January 1, 2010.
368	368	(c) Section 52.092, Election Code, as amended by this Act,
369	369	takes effect September 1, 2009.