H.B. No. 2317
AN ACT
relating to 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;
(3) make all materials for use in training and
educating members of an appraisal review board freely available
online;
(4) establish and maintain a toll-free telephone
number that appraisal review board members may call for answers to
technical questions relating to the duties and responsibilities of
appraisal review board members and property appraisal issues; and
(5) provide, as feasible, online technological
assistance to improve the operations of appraisal review boards and
appraisal districts.
(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;
(9) the requirements regarding the equal and uniform
appraisal of property;
(10) the right of a property owner to protest the
appraisal of the property as provided by Chapter 41; and
(11) a detailed explanation of each of the actions
described by Sections 41.41(a), 41.411, 41.412, 41.413, 41.42, and
41.43 so that members are fully aware of each of the grounds on
which a property appraisal can be appealed.
(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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2317 was passed by the House on April
28, 2009, by the following vote: Yeas 134, Nays 12, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2317 on May 20, 2009, by the following vote: Yeas 128, Nays 1,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2317 was passed by the Senate, with
amendments, on May 13, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor