81R22599 SMH-D
By: Villarreal, Flores H.B. No. 2317
Substitute the following for H.B. No. 2317:
By: Otto C.S.H.B. No. 2317
A BILL TO BE ENTITLED
AN ACT
relating to the qualifications and training of appraisal review
board members.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5.041, Tax Code, is amended by amending
Subsection (a) and adding Subsections (e-1), (e-2), and (e-3) to
read as follows:
(a) The comptroller shall:
(1) approve curricula and provide materials for use in
training and educating members of an appraisal review board; and
(2) supervise a comprehensive course for training and
education of appraisal review board members and issue certificates
indicating course completion.
(e-1) In addition to the course established under
Subsection (a), the comptroller shall approve curricula and provide
materials for use in a continuing education course for members of an
appraisal review board. The curricula and materials must include
information regarding:
(1) the cost, income, and market data comparison
methods of appraising property;
(2) the appraisal of business personal property;
(3) the determination of capitalization rates for
property appraisal purposes;
(4) the duties of an appraisal review board;
(5) the requirements regarding the independence of an
appraisal review board from the board of directors and the chief
appraiser and other employees of the appraisal district;
(6) the prohibitions against ex parte communications
applicable to appraisal review board members;
(7) the Uniform Standards of Professional Appraisal
Practice;
(8) the duty of the appraisal district to substantiate
the district's determination of the value of property; and
(9) the requirements regarding the equal and uniform
appraisal of property.
(e-2) As soon as practicable after the beginning of the
second year of an appraisal review board member's term of office,
the member must successfully complete the course established under
Subsection (e-1). A person who fails to timely complete the course
established under Subsection (e-1) may not be reappointed to an
additional term on the appraisal review board. If the person is
reappointed to an additional term on the appraisal review board,
the person must successfully complete the course established under
Subsection (e-1) in each year the member continues to serve.
(e-3) The comptroller may contract with service providers
to assist with the duties imposed under Subsection (e-1), but the
course required by that subsection may not be provided by an
appraisal district or a taxing unit. The comptroller may assess a
fee to recover a portion of the costs incurred for the continuing
education course, but the fee may not exceed $50 for each person
trained.
SECTION 2. Section 6.42(a), Tax Code, is amended to read as
follows:
(a) A majority of the appraisal review board constitutes a
quorum. The board of directors of the appraisal district by
resolution shall select [elect] a chairman and a secretary from
among the [its] members of the appraisal review board. The board of
directors of the appraisal district is encouraged to select as
chairman of the appraisal review board a member of the appraisal
review board, if any, who has a background in law and property
appraisal.
SECTION 3. The change in law made by this Act to continuing
education requirements under Section 5.041, Tax Code, applies only
to a term of office that expires on or after the effective date of
this Act.
SECTION 4. This Act takes effect September 1, 2009.