By: Ellis S.B. No. 2362
A BILL TO BE ENTITLED
AN ACT
relating to an award of attorney's fees to a prevailing property
owner in a property tax dispute resolved by binding arbitration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Section 41A.09, Tax Code, is
amended by adding new subsection (6) to read as follows:
(b) An award under this section:
(1) must include a determination of the appraised
market value, as applicable, of the property that is the subject of
the appeal;
(2) may include any remedy or relief a court may order
under Chapter 42 in an appeal relating to the appraised or market
value of property;
(3) shall specify the arbitrator's fee, which may not
exceed the amount provided by Section 41A.06(b)(3);
(4) is final and may not be appealed except as
permitted under Section 171.088, Civil Practice and Remedies Code,
for an award subject to that section; [and]
(5) may be enforced in the manner provided by
Subchapter D, Chapter 171, Civil Practice and Remedies Code; and
(6) must include an award of attorney's fees if the
property owner prevails in an arbitration under this chapter.
Attorney's fees may only be awarded to a property owner represented
by an attorney in an arbitration under this chapter. The attorney's
fees award shall be calculated as provided in Section 42.29, Tax
Code.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.