Texas 2011 - 82nd Regular

Texas House Bill HB1088 Compare Versions

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1	1	82R3995 TJB-F
2	2	By: Howard of Fort Bend H.B. No. 1088
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to appraisal review board members.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 6.41, Tax Code, is amended by amending
10	10	Subsections (c), (d), (d-2), (d-3), (e), (f), and (g) and adding
11	11	Subsection (i) to read as follows:
12	12	(c) To be eligible to serve on the board, an individual
13	13	must:
14	14	(1) be a citizen of the United States;
15	15	(2) be a resident of the district; and
16	16	(3) [must] have resided in the district for at least
17	17	two years.
18	18	(d) Members [Except as provided by Subsection (d-1),
19	19	members] of the board are appointed by the local administrative
20	20	district judge in the county in which the appraisal district is
21	21	established [resolution of a majority of the appraisal district
22	22	board of directors]. A vacancy on the board is filled in the same
23	23	manner for the unexpired portion of the term.
24	24	(d-2) A local administrative district judge [making
25	25	appointments under Subsection (d-1)] may make [such] appointments
26	26	under Subsection (d) directly or may, by written order, appoint
27	27	from three to five persons to perform the duties of appraisal review
28	28	board commissioner. If the local administrative district judge
29	29	chooses to appoint appraisal review board commissioners, each
30	30	commissioner shall possess the same qualifications as those
31	31	required of an appraisal review board member.
32	32	(d-3) The local administrative district judge [making
33	33	appointments under Subsection (d-1)] shall cause the proper officer
34	34	to notify the [such] appointees of their [such] appointment, and
35	35	when and where they are to appear.
36	36	(e) Members of the board hold office for terms of two years
37	37	beginning January 1. The appraisal district board of directors by
38	38	resolution shall provide for staggered terms, so that the terms of
39	39	as close to one-half of the members as possible expire each year.
40	40	In making the initial or subsequent appointments, [the board of
41	41	directors or] the local administrative district judge or the
42	42	judge's designee shall designate those members who serve terms of
43	43	one year as needed to comply with this subsection.
44	44	(f) A member of the board may be removed from the board [by a
45	45	majority vote of the appraisal district board of directors, or] by
46	46	the local administrative district judge or the judge's designee[,
47	47	as applicable, that appointed the member]. Grounds for removal
48	48	are:
49	49	(1) ineligibility, including a violation of Section
50	50	6.412 or [,] 6.413;
51	51	(2) a violation of Section [,] 41.66(f)[,] or 41.69;
52	52	or
53	53	(3) [(2)] good cause relating to the attendance of
54	54	members at called meetings or hearings of the board as established
55	55	by written policy adopted by a majority of the appraisal district
56	56	board of directors.
57	57	(g) Subsection (a) does not preclude the boards of directors
58	58	of two or more adjoining appraisal districts from providing for the
59	59	operation of a consolidated appraisal review board by interlocal
60	60	contract. Members of a consolidated appraisal review board are
61	61	appointed jointly by the local administrative district judges in
62	62	the counties in which the appraisal districts that are parties to
63	63	the contract are established.
64	64	(i) Service on a board does not constitute employment for
65	65	the purposes of Chapter 201, Labor Code.
66	66	SECTION 2. Section 411.1296, Government Code, is amended to
67	67	read as follows:
68	68	Sec. 411.1296. ACCESS TO CRIMINAL HISTORY RECORD
69	69	INFORMATION: EMPLOYMENT BY APPRAISAL DISTRICT AND APPOINTMENT TO
70	70	APPRAISAL REVIEW BOARD. (a) Except as provided by Subsection (b),
71	71	an appraisal district established by Section 6.01, Tax Code, and a
72	72	local administrative district judge acting under Section 6.41, Tax
73	73	Code, are [is] entitled to obtain from the department criminal
74	74	history record information maintained by the department that
75	75	relates to a person who is an applicant for employment by the
76	76	appraisal district or appointment to the appraisal review board for
77	77	the district, as applicable.
78	78	(b) An appraisal district and a local administrative
79	79	district judge are [is] not entitled to obtain under this section
80	80	any information about a person if the appraisal district or local
81	81	administrative district judge, as applicable, is entitled to obtain
82	82	under another section of this subchapter any criminal history
83	83	record information about the person.
84	84	SECTION 3. Section 6.41(d-1), Tax Code, is repealed.
85	85	SECTION 4. (a) As soon as practicable on or after January
86	86	1, 2012, the local administrative district judge or the judge's
87	87	designee in each county, in the manner provided by Section 6.41, Tax
88	88	Code, as amended by this Act, shall appoint the members of the
89	89	appraisal review board for the appraisal district established in
90	90	the county. In making the initial appointments, the judge or
91	91	judge's designee shall designate those members who serve terms of
92	92	one year as necessary to comply with Section 6.41(e), Tax Code, as
93	93	amended by this Act.
94	94	(b) The changes made to Section 6.41, Tax Code, as amended
95	95	by this Act, apply only to the appointment of appraisal review board
96	96	members to terms beginning on or after January 1, 2012. This Act
97	97	does not affect the term of an appraisal review board member serving
98	98	on December 31, 2011, if the member was appointed before the
99	99	effective date of this Act to a term that began before December 31,
100	100	2011, and expires December 31, 2012.
101	101	SECTION 5. This Act takes effect January 1, 2012.