Texas 2009 - 81st Regular

Texas Senate Bill SB1497 Compare Versions

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1	1	By: Williams, Nichols S.B. No. 1497
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to binding arbitration of certain appraisal review board
7	7	orders.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 41A.01, Tax Code, is amended to read as
10	10	follows:
11	11	Sec. 41A.01. RIGHT OF APPEAL BY PROPERTY OWNER. As an
12	12	alternative to filing an appeal under Section 42.01, a property
13	13	owner is entitled to appeal through binding arbitration under this
14	14	chapter an appraisal review board order determining a protest filed
15	15	under Section 41.41(a)(1) concerning the appraised or market value
16	16	of [real] property if:
17	17	(1) the property qualifies as the owner's residence
18	18	homestead under Section 11.13; or
19	19	(2) the appraised or market value, as applicable, of
20	20	the property as determined by the order is $1 million or less[; and
21	21	[(2) the appeal does not involve any matter in dispute
22	22	other than the determination of the appraised or market value of the
23	23	property].
24	24	SECTION 2. Subsection (a), Section 41A.03, Tax Code, is
25	25	amended to read as follows:
26	26	(a) To appeal an appraisal review board order under this
27	27	chapter, a property owner must file with the appraisal district not
28	28	later than the 45th day after the date the property owner receives
29	29	notice of the order:
30	30	(1) a completed request for binding arbitration under
31	31	this chapter in the form prescribed by Section 41A.04; and
32	32	(2) an arbitration deposit [in the amount of $500,]
33	33	made payable to the comptroller in the amount of:
34	34	(A) $500; or
35	35	(B) $250, if the property owner requests
36	36	expedited arbitration under Section 41A.031.
37	37	SECTION 3. Chapter 41A, Tax Code, is amended by adding
38	38	Section 41A.031 to read as follows:
39	39	Sec. 41A.031. EXPEDITED ARBITRATION. (a) A property owner
40	40	is entitled to an expedited arbitration if the property owner
41	41	includes a request for expedited arbitration in the request filed
42	42	under Section 41A.03 and pays the required deposit.
43	43	(b) An expedited arbitration must provide for not more than
44	44	one hour of argument and testimony on behalf of the property owner
45	45	and not more than one hour of argument and testimony on behalf of
46	46	the appraisal district.
47	47	(c) The comptroller shall adopt rules and processes to
48	48	assist in the conduct of an expedited arbitration, including rules
49	49	relating to the evidence required to be produced by each party.
50	50	SECTION 4. The heading to Section 41A.06, Tax Code, is
51	51	amended to read as follows:
52	52	Sec. 41A.06. REGISTRY AND INITIAL QUALIFICATION
53	53	[QUALIFICATIONS] OF ARBITRATORS.
54	54	SECTION 5. Subsection (b), Section 41A.06, Tax Code, is
55	55	amended to read as follows:
56	56	(b) To initially qualify to serve as an arbitrator under
57	57	this chapter, a person must:
58	58	(1) have completed at least 30 hours of training in
59	59	arbitration and alternative dispute resolution procedures from a
60	60	university, college, or legal or real estate trade association;
61	61	(2) have been licensed or certified continuously
62	62	during the five years preceding the date the person agrees to serve
63	63	as an arbitrator, as:
64	64	(A) [be licensed as] a real estate broker or
65	65	salesperson under Chapter 1101, Occupations Code;
66	66	(B) [, or be licensed or certified as] a real
67	67	estate appraiser under Chapter 1103, Occupations Code; or
68	68	(C) a certified public accountant under Chapter
69	69	901, Occupations Code; and
70	70	(3) agree to conduct an arbitration for a fee that is
71	71	not more than 90 percent of the amount of the arbitration deposit
72	72	required by Section 41A.03.
73	73	SECTION 6. Chapter 41A, Tax Code, is amended by adding
74	74	Section 41A.061 to read as follows:
75	75	Sec. 41A.061. CONTINUED QUALIFICATION OF ARBITRATOR;
76	76	RENEWAL OF AGREEMENT. (a) The comptroller shall include a
77	77	qualified arbitrator in the registry until the second anniversary
78	78	of the date the person was added to the registry. To continue to be
79	79	included in the registry after the second anniversary of the date
80	80	the person was added to the registry, the person must renew the
81	81	person's agreement with the comptroller to serve as an arbitrator
82	82	on or as near as possible to the date on which the person's license
83	83	or certification issued under Chapter 901, 1101, or 1103,
84	84	Occupations Code, is renewed.
85	85	(b) To renew the person's agreement to serve as an
86	86	arbitrator, the person must:
87	87	(1) file a renewal application with the comptroller at
88	88	the time and in the manner prescribed by the comptroller;
89	89	(2) continue to meet the requirements provided by
90	90	Section 41A.06(b); and
91	91	(3) during the preceding two years have completed at
92	92	least eight hours of continuing education in arbitration and
93	93	alternative dispute resolution procedures offered by a university,
94	94	college, real estate trade association, or legal association.
95	95	(c) The comptroller shall remove a person from the registry
96	96	if the person fails or declines to renew the person's agreement to
97	97	serve as an arbitrator in the manner required by this section.
98	98	SECTION 7. Section 41A.07, Tax Code, is amended by adding
99	99	Subsection (e) to read as follows:
100	100	(e) Notwithstanding any other provision of this section, an
101	101	arbitrator selected or appointed to arbitrate an appeal under this
102	102	chapter regarding property other than real property must be
103	103	licensed as a certified public accountant under Chapter 901,
104	104	Occupations Code.
105	105	SECTION 8. Subsection (b), Section 41A.08, Tax Code, as
106	106	added by Chapters 372 (S.B. 1351) and 912 (H.B. 182), Acts of the
107	107	79th Legislature, Regular Session, 2005, is reenacted and amended
108	108	to read as follows:
109	109	(b) The parties to an arbitration proceeding under this
110	110	chapter may represent themselves or, at their own cost, may be
111	111	represented by:
112	112	(1) an employee of the appraisal district;
113	113	(2) an attorney who is licensed in this state;
114	114	(3) a person who is licensed as a real estate broker or
115	115	salesperson under Chapter 1101, Occupations Code, or is licensed or
116	116	certified as a real estate appraiser under Chapter 1103,
117	117	Occupations Code; [or]
118	118	(4) a property tax consultant registered under Chapter
119	119	1152, Occupations Code; or
120	120	(5) an individual who is licensed as a certified
121	121	public accountant under Chapter 901, Occupations Code.
122	122	SECTION 9. (a) Sections 41A.01, 41A.03, 41A.07, and
123	123	41A.08, Tax Code, as amended by this Act, and Section 41A.031, Tax
124	124	Code, as added by this Act, apply only to an appeal through binding
125	125	arbitration under Chapter 41A of that code that is requested on or
126	126	after the effective date of this Act.
127	127	(b) Section 41A.06, Tax Code, as amended by this Act,
128	128	applies only to a person who initially qualifies to serve as an
129	129	arbitrator under Chapter 41A, Tax Code, on or after the effective
130	130	date of this Act.
131	131	(c) Section 41A.061, Tax Code, as added by this Act, does
132	132	not affect the eligibility of a person who is included on the
133	133	registry list of qualified arbitrators on the effective date of
134	134	this Act to continue to remain on that registry list before the date
135	135	on which the person's license or certificate under Chapter 901,
136	136	1101, or 1103, Occupations Code, expires unless renewed.
137	137	SECTION 10. This Act takes effect immediately if it
138	138	receives a vote of two-thirds of all the members elected to each
139	139	house, as provided by Section 39, Article III, Texas Constitution.
140	140	If this Act does not receive the vote necessary for immediate
141	141	effect, this Act takes effect September 1, 2009.