Texas 2009 - 81st Regular

Texas House Bill HB4040 Compare Versions

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1	1	By: Villarreal H.B. No. 4040
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to procedural requirements of an appeal from an order of an
7	7	appraisal review board determining a protest.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 42.21, Tax Code, is amended by amending
10	10	Subsection (a) and adding Subsection (a-1) to read as follows:
11	11	(a) A party who appeals as provided by this chapter must
12	12	file a petition for review with the district court within 60 [45]
13	13	days after the party received notice that a final order has been
14	14	entered from which an appeal may be had or at any time after the
15	15	hearing but before the 60-day deadline. Failure to timely file a
16	16	petition bars any appeal under this chapter.
17	17	(a-1) A petition for review may include more than one party
18	18	if the parties have a common ownership interest in whole or in part
19	19	and may include multiple properties that have a common ownership in
20	20	whole or in part.
21	21	SECTION 2. Subchapter B, Chapter 42, Tax Code, is amended by
22	22	adding Section 42.231 to read as follows:
23	23	Sec. 42.231. MASTERS FOR TAX APPEALS. (a) The court shall
24	24	give preference to the use of a master in chancery to resolve an
25	25	appeal brought under this chapter. In connection with an appeal
26	26	that seeks a remedy under Section 42.25 or 42.26, the court may,
27	27	and on request of a party to the appeal shall, appoint a master in
28	28	chancery.
29	29	(b) To be eligible to serve as a master in chancery, a person
30	30	must be a resident of this state and an attorney who is licensed in
31	31	this state. The person may not be an attorney for or related to a
32	32	party to the action. In appointing a master, the court shall give
33	33	preference to a qualified person who has judicial experience.
34	34	(c) A master in chancery shall perform all of the duties
35	35	required by the court, is subject to the orders of the court, and
36	36	has the power that a master in chancery in a court of equity has.
37	37	(d) Subject to any limitations or specifications stated in
38	38	the order of reference, a master in chancery may:
39	39	(1) regulate the proceedings in a hearing before the
40	40	master and do all acts and take all measures necessary or proper
41	41	for the efficient performance of the master's duties under the
42	42	order;
43	43	(2) require the production of evidence regarding any
44	44	matter covered by the order and may require the production of
45	45	books, papers, vouchers, documents, and other writings applicable
46	46	to the case;
47	47	(3) require that parties produce all documentary
48	48	evidence in advance of the hearing;
49	49	(4) rule on the admissibility of evidence, unless
50	50	otherwise directed by the order;
51	51	(5) administer oaths to and examine witnesses;
52	52	(6) call and examine under oath the parties to the
53	53	action; and
54	54	(7) set a reasonable time limit on the proceedings
55	55	based on the complexity of the case, which may not be less than four
56	56	hours for a case involving property that is a residence homestead or
57	57	less than eight hours for a case involving any other type of
58	58	property, unless otherwise agreed to by the parties.
59	59	(e) A decision of a master in chancery is not binding on the
60	60	parties to the appeal but may be admitted into evidence in a trial
61	61	of the matter.
62	62	SECTION 3. Section 42.24, Tax Code, is amended by adding
63	63	subsection (b) to read as follows:
64	64	(b) The district court shall include in a docket control
65	65	order a requirement of alternative dispute resolution unless waived
66	66	by both parties.
67	67	SECTION 4. Section 42.26, Tax Code, is amended by adding
68	68	Subsections (e) and (f) to read as follows:
69	69	(e) Except as provided by Subsection (d), for purposes of
70	70	this section, the appraised value of the property subject to the
71	71	lawsuit and the appraised value of a comparable property or sample
72	72	property that is used for comparison is the appraised value
73	73	determined by the appraisal review board.
74	74	SECTION 5. The changes in law made by this Act are
75	75	procedural changes to existing law and are applicable to any
76	76	appeals pending as of the effective date of this bill
77	77	SECTION 6. This Act takes effect immediately if it receives
78	78	a vote of two-thirds of all members elected to each house, as
79	79	provided by Section 39, Article III, Texas Constitution. If this
80	80	Act does not receive the vote necessary for immediate effect, this
81	81	Act takes effect September 1, 2009.