Texas 2009 - 81st Regular

Texas House Bill HB2317 Compare Versions

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1	1	H.B. No. 2317
2	2
3	3
4	4	AN ACT
5	5	relating to appraisal review board members.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 5.041, Tax Code, is amended by amending
8	8	Subsection (a) and adding Subsections (e-1), (e-2), and (e-3) to
9	9	read as follows:
10	10	(a) The comptroller shall:
11	11	(1) approve curricula and provide materials for use in
12	12	training and educating members of an appraisal review board; [and]
13	13	(2) supervise a comprehensive course for training and
14	14	education of appraisal review board members and issue certificates
15	15	indicating course completion;
16	16	(3) make all materials for use in training and
17	17	educating members of an appraisal review board freely available
18	18	online;
19	19	(4) establish and maintain a toll-free telephone
20	20	number that appraisal review board members may call for answers to
21	21	technical questions relating to the duties and responsibilities of
22	22	appraisal review board members and property appraisal issues; and
23	23	(5) provide, as feasible, online technological
24	24	assistance to improve the operations of appraisal review boards and
25	25	appraisal districts.
26	26	(e-1) In addition to the course established under
27	27	Subsection (a), the comptroller shall approve curricula and provide
28	28	materials for use in a continuing education course for members of an
29	29	appraisal review board. The curricula and materials must include
30	30	information regarding:
31	31	(1) the cost, income, and market data comparison
32	32	methods of appraising property;
33	33	(2) the appraisal of business personal property;
34	34	(3) the determination of capitalization rates for
35	35	property appraisal purposes;
36	36	(4) the duties of an appraisal review board;
37	37	(5) the requirements regarding the independence of an
38	38	appraisal review board from the board of directors and the chief
39	39	appraiser and other employees of the appraisal district;
40	40	(6) the prohibitions against ex parte communications
41	41	applicable to appraisal review board members;
42	42	(7) the Uniform Standards of Professional Appraisal
43	43	Practice;
44	44	(8) the duty of the appraisal district to substantiate
45	45	the district's determination of the value of property;
46	46	(9) the requirements regarding the equal and uniform
47	47	appraisal of property;
48	48	(10) the right of a property owner to protest the
49	49	appraisal of the property as provided by Chapter 41; and
50	50	(11) a detailed explanation of each of the actions
51	51	described by Sections 41.41(a), 41.411, 41.412, 41.413, 41.42, and
52	52	41.43 so that members are fully aware of each of the grounds on
53	53	which a property appraisal can be appealed.
54	54	(e-2) As soon as practicable after the beginning of the
55	55	second year of an appraisal review board member's term of office,
56	56	the member must successfully complete the course established under
57	57	Subsection (e-1). A person who fails to timely complete the course
58	58	established under Subsection (e-1) may not be reappointed to an
59	59	additional term on the appraisal review board. If the person is
60	60	reappointed to an additional term on the appraisal review board,
61	61	the person must successfully complete the course established under
62	62	Subsection (e-1) in each year the member continues to serve.
63	63	(e-3) The comptroller may contract with service providers
64	64	to assist with the duties imposed under Subsection (e-1), but the
65	65	course required by that subsection may not be provided by an
66	66	appraisal district or a taxing unit. The comptroller may assess a
67	67	fee to recover a portion of the costs incurred for the continuing
68	68	education course, but the fee may not exceed $50 for each person
69	69	trained.
70	70	SECTION 2. Section 6.42(a), Tax Code, is amended to read as
71	71	follows:
72	72	(a) A majority of the appraisal review board constitutes a
73	73	quorum. The board of directors of the appraisal district by
74	74	resolution shall select [elect] a chairman and a secretary from
75	75	among the [its] members of the appraisal review board. The board of
76	76	directors of the appraisal district is encouraged to select as
77	77	chairman of the appraisal review board a member of the appraisal
78	78	review board, if any, who has a background in law and property
79	79	appraisal.
80	80	SECTION 3. The change in law made by this Act to continuing
81	81	education requirements under Section 5.041, Tax Code, applies only
82	82	to a term of office that expires on or after the effective date of
83	83	this Act.
84	84	SECTION 4. This Act takes effect September 1, 2009.
85	85	______________________________ ______________________________
86	86	President of the Senate Speaker of the House
87	87	I certify that H.B. No. 2317 was passed by the House on April
88	88	28, 2009, by the following vote: Yeas 134, Nays 12, 1 present, not
89	89	voting; and that the House concurred in Senate amendments to H.B.
90	90	No. 2317 on May 20, 2009, by the following vote: Yeas 128, Nays 1,
91	91	2 present, not voting.
92	92	______________________________
93	93	Chief Clerk of the House
94	94	I certify that H.B. No. 2317 was passed by the Senate, with
95	95	amendments, on May 13, 2009, by the following vote: Yeas 31, Nays
96	96	0.
97	97	______________________________
98	98	Secretary of the Senate
99	99	APPROVED: __________________
100	100	Date
101	101	__________________
102	102	Governor