Texas 2009 - 81st Regular

Texas House Bill HB2941 Compare Versions

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1	1	H.B. No. 2941
2	2
3	3
4	4	AN ACT
5	5	relating to the disclosure of certain ad valorem tax appraisal
6	6	information and other confidential information.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 552.148, Government Code, as added by
9	9	Chapter 471 (H.B. 2188), Acts of the 80th Legislature, Regular
10	10	Session, 2007, is amended by amending Subsection (c) and adding
11	11	Subsections (d) and (e) to read as follows:
12	12	(c) Notwithstanding Subsection (a) or Section 403.304,
13	13	[Government Code,] so as to assist a property owner[, a school
14	14	district,] or an appraisal district in a protest filed under
15	15	Section 403.303, [Government Code,] the property owner, the
16	16	district, or an agent of the property owner or district may, on
17	17	request, obtain from the comptroller any information, including
18	18	confidential information, obtained by the comptroller in
19	19	connection with the comptroller's finding that is being protested.
20	20	Confidential information obtained by a property owner, [a school
21	21	district,] an appraisal district, or an agent of the property owner
22	22	or district under this subsection:
23	23	(1) remains confidential in the possession of the
24	24	property owner, district, or agent; and
25	25	(2) may not be disclosed to a person who is not
26	26	authorized to receive or inspect the information.
27	27	(d) Notwithstanding Subsection (a) or Section 403.304, so
28	28	as to assist a school district in the preparation of a protest filed
29	29	or to be filed under Section 403.303, the school district or an
30	30	agent of the school district may, on request, obtain from the
31	31	comptroller or the appraisal district any information, including
32	32	confidential information, obtained by the comptroller or the
33	33	appraisal district that relates to the appraisal of property
34	34	involved in the comptroller's finding that is being
35	35	protested. Confidential information obtained by a school district
36	36	or an agent of the school district under this subsection:
37	37	(1) remains confidential in the possession of the
38	38	school district or agent; and
39	39	(2) may not be disclosed to a person who is not
40	40	authorized to receive or inspect the information.
41	41	(e) This section applies to information described by
42	42	Subsections (a), (c), and (d) and to an item of information or
43	43	comparable sales data described by Subsection (b) only if the
44	44	information, item of information, or comparable sales data relates
45	45	to real property that is located in a county having a population of
46	46	20,000 or more.
47	47	SECTION 2. Section 22.27(b), Tax Code, is amended to read as
48	48	follows:
49	49	(b) Information made confidential by this section may be
50	50	disclosed:
51	51	(1) in a judicial or administrative proceeding
52	52	pursuant to a lawful subpoena;
53	53	(2) to the person who filed the statement or report or
54	54	the owner of property subject to the statement, report, or
55	55	information or to a representative of either authorized in writing
56	56	to receive the information;
57	57	(3) to the comptroller and the comptroller's employees
58	58	authorized by the comptroller in writing to receive the information
59	59	or to an assessor or a chief appraiser if requested in writing;
60	60	(4) in a judicial or administrative proceeding
61	61	relating to property taxation to which the person who filed the
62	62	statement or report or the owner of the property that is a subject
63	63	of the statement, report, or information is a party;
64	64	(5) for statistical purposes if in a form that does not
65	65	identify specific property or a specific property owner;
66	66	(6) if and to the extent the information is required to
67	67	be included in a public document or record that the appraisal office
68	68	is required to prepare or maintain; [or]
69	69	(7) to a taxing unit or its legal representative that
70	70	is engaged in the collection of delinquent taxes on the property
71	71	that is the subject of the information;
72	72	(8) to an employee or agent of a taxing unit
73	73	responsible for auditing, monitoring, or reviewing the operations
74	74	of an appraisal district; or
75	75	(9) to an employee or agent of a school district that
76	76	is engaged in the preparation of a protest of the comptroller's
77	77	property value study in accordance with Section 403.303, Government
78	78	Code.
79	79	SECTION 3. This Act takes effect immediately if it receives
80	80	a vote of two-thirds of all the members elected to each house, as
81	81	provided by Section 39, Article III, Texas Constitution. If this
82	82	Act does not receive the vote necessary for immediate effect, this
83	83	Act takes effect September 1, 2009.
84	84	______________________________ ______________________________
85	85	President of the Senate Speaker of the House
86	86	I certify that H.B. No. 2941 was passed by the House on May
87	87	12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
88	88	voting; and that the House concurred in Senate amendments to H.B.
89	89	No. 2941 on May 29, 2009, by the following vote: Yeas 138, Nays 0,
90	90	1 present, not voting.
91	91	______________________________
92	92	Chief Clerk of the House
93	93	I certify that H.B. No. 2941 was passed by the Senate, with
94	94	amendments, on May 23, 2009, by the following vote: Yeas 31, Nays
95	95	0.
96	96	______________________________
97	97	Secretary of the Senate
98	98	APPROVED: __________________
99	99	Date
100	100	__________________
101	101	Governor