Texas 2011 82nd Regular

Texas House Bill HB896 Comm Sub / Bill

                    82R10496 TJB-F
 By: Howard of Fort Bend H.B. No. 896
 Substitute the following for H.B. No. 896:
 By:  Hilderbran C.S.H.B. No. 896


 A BILL TO BE ENTITLED
 AN ACT
 relating to auxiliary members of an appraisal review board.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subchapter C, Chapter 6, Tax Code, is amended by
 adding Section 6.414 to read as follows:
 Sec. 6.414.  AUXILIARY APPRAISAL REVIEW BOARD MEMBERS.  (a)
 The board of directors of an appraisal district by resolution of a
 majority of the members may provide for a number of auxiliary
 appraisal review board members that the board considers appropriate
 to hear taxpayer protests before the appraisal review board and to
 assist the board in performing its duties.
 (b)  An auxiliary board member is appointed in the same
 manner and for the same term as an appraisal review board member
 under Section 6.41 and is subject to the same eligibility
 requirements and restrictions as a board member under Sections
 6.41, 6.411, 6.412, and 6.413.
 (c)  An auxiliary board member may attend meetings of the
 appraisal review board but may not vote in a determination made by
 the board or serve as chairman or secretary of the board.  An
 auxiliary board member is not included in determining what
 constitutes a quorum of the board or whether a quorum is present at
 any meeting of the board.
 (d)  An auxiliary board member may hear taxpayer protests
 before the appraisal review board. If one or more auxiliary board
 members sit on a panel established under Section 41.45 to conduct a
 protest hearing, the number of regular appraisal review board
 members required by that section to constitute the panel is reduced
 by the number of auxiliary board members sitting. An auxiliary
 board member sitting on a panel is considered a regular board member
 for all purposes related to the conduct of the hearing.
 (e)  An auxiliary board member is entitled to make a
 recommendation to the appraisal review board regarding a protest
 heard by the member but is not entitled to vote on the determination
 of the protest by the board.
 (f)  An auxiliary board member is entitled to compensation as
 provided by the appraisal district budget and is not entitled to a
 per diem or reimbursement of expenses under Section 6.42(c).
 (g)  Except as provided by this section, in this title,
 "appraisal review board member" includes an auxiliary appraisal
 review board member.
 SECTION 2.  Section 6.412(f), Tax Code, is amended to read
 as follows:
 (f)  In this section, a reference to an auxiliary board
 member includes [means] an appraisal review board auxiliary member
 appointed under Section 6.411, as that law existed before January
 1, 2002.
 SECTION 3.  Section 6.414, Tax Code, as added by this Act,
 applies only to the appointment of an auxiliary member of an
 appraisal review board for a term beginning on or after January 1,
 2012.
 SECTION 4.  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.