Texas 2011 - 82nd Regular

Texas House Bill HB1692 Compare Versions

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Old	New	Differences
1	1	82R24928 EES-F
2	2	By: Flynn H.B. No. 1692
3	3	Substitute the following for H.B. No. 1692:
4	4	By: Kuempel C.S.H.B. No. 1692
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the dismissal of complaints against property tax
10	10	professionals.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 1151.204, Occupations Code, is amended
13	13	to read as follows:
14	14	Sec. 1151.204. DISMISSAL OF COMPLAINTS [COMPLAINT RELATING
15	15	TO APPRAISED VALUE]. (a) After investigation, the department may
16	16	dismiss a complaint, in part or entirely, without conducting a
17	17	hearing if[:
18	18	[(1)] the complaint [challenges only the appraised
19	19	value of a property or another matter for which Title I, Tax Code,
20	20	specifies a remedy and] does not credibly allege a violation of this
21	21	chapter or the standards established by the commission for
22	22	registrants under this chapter[; and
23	23	[(2) the disagreement has not been resolved in the
24	24	complainant's favor by an appraisal review board or court].
25	25	(b) After investigation, the department shall dismiss a
26	26	complaint, in part or entirely, without conducting a hearing if:
27	27	(1) the complaint challenges:
28	28	(A) the imposition of or failure to waive
29	29	penalties or interest under Sections 33.01 and 33.011, Tax Code;
30	30	(B) the appraised value of a property;
31	31	(C) the appraisal methodology;
32	32	(D) the grant or denial of an exemption from
33	33	taxation; or
34	34	(E) any matter for which Title 1, Tax Code,
35	35	specifies a remedy, including an action that a property owner is
36	36	entitled to protest before an appraisal review board under Section
37	37	41.41(a), Tax Code; and
38	38	(2) the subject matter of the complaint has not been
39	39	finally resolved in the complainant's favor by an appraisal review
40	40	board, a governing body, an arbitrator, a court, or the State Office
41	41	of Administrative Hearings under Section 2003.901, Government
42	42	Code.
43	43	(c) This section does not apply to:
44	44	(1) a matter referred to the department by the
45	45	comptroller under Section 5.102, Tax Code, or a successor statute;
46	46	(2) a complaint concerning a registrant's failure to
47	47	comply with the registration and certification requirements of this
48	48	chapter; or
49	49	(3) a complaint concerning a newly appointed chief
50	50	appraiser's failure to complete the training program described by
51	51	Section 1151.164.
52	52	SECTION 2. The change in law made by this Act to Section
53	53	1151.204, Occupations Code, applies only to a complaint filed on or
54	54	after the effective date of this Act. A complaint filed before that
55	55	date is governed by the law in effect on the date the complaint was
56	56	filed, and the former law is continued in effect for that purpose.
57	57	SECTION 3. This Act takes effect immediately if it receives
58	58	a vote of two-thirds of all the members elected to each house, as
59	59	provided by Section 39, Article III, Texas Constitution. If this
60	60	Act does not receive the vote necessary for immediate effect, this
61	61	Act takes effect September 1, 2011.