82R2968 TJB-F
By: Davis of Dallas H.B. No. 2221
A BILL TO BE ENTITLED
AN ACT
relating to the authority of an administrative law judge of the
State Office of Administrative Hearings to award attorney's fees in
an appeal of an appraisal review board order determining a protest.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2003.912(b), Government Code, is amended
to read as follows:
(b) The determination:
(1) must include a determination of the appraised or
market value, as applicable, of the property that is the subject of
the appeal;
(2) must contain a brief analysis of the
administrative law judge's rationale for and set out the key
findings in support of the determination but is not required to
contain a detailed discussion of the evidence admitted or the
contentions of the parties;
(3) may include any remedy or relief a court may order
under Chapter 42, Tax Code, in an appeal relating to the appraised
or market value of property, including [other than] an award of
reasonable attorney's fees in an amount that does not exceed the
amount specified by [under] Section 42.29, Tax Code; and
(4) shall specify whether the appraisal district or
the property owner is required to pay the costs of the hearing and
the amount of those costs.
SECTION 2. The change in law made by this Act applies to an
appeal under Subchapter Z, Chapter 2003, Government Code, that is
pending on the effective date of this Act or that is filed on or
after that date.
SECTION 3. 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, 2011.