Texas 2013 - 83rd Regular

Texas House Bill HB3442 Compare Versions

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Old	New	Differences
1	1	83R23312 TJB-F
2	2	By: Otto H.B. No. 3442
3	3	Substitute the following for H.B. No. 3442:
4	4	By: Hilderbran C.S.H.B. No. 3442
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the obligation of an appraisal review board to respond
10	10	to a property owner's request to postpone a hearing of the board.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 41.45(e), Tax Code, is amended to read as
13	13	follows:
14	14	(e) On request made to the appraisal review board before the
15	15	date of the hearing, a property owner who has not designated an
16	16	agent under Section 1.111 to represent the owner at the hearing is
17	17	entitled to one postponement of the hearing to a later date without
18	18	showing cause. In addition and without limitation as to the number
19	19	of postponements, the board shall postpone the hearing to a later
20	20	date if the property owner or the owner's agent at any time shows
21	21	good cause for the postponement or if the chief appraiser consents
22	22	to the postponement. The hearing may not be postponed to a date
23	23	less than five or more than 30 days after the date scheduled for the
24	24	hearing when the postponement is sought unless the date and time of
25	25	the hearing as postponed are agreed to by the chairman of the
26	26	[appraisal review] board or the chairman's representative, the
27	27	property owner, and the chief appraiser. A request by a property
28	28	owner for a postponement under this subsection may be made in
29	29	writing, including by facsimile transmission or electronic mail, by
30	30	telephone, or in person to the [appraisal review] board, a panel of
31	31	the board, or the chairman of the board. The request must include
32	32	the mailing address and electronic mail address of the property
33	33	owner or agent making the request. The chairman or the chairman's
34	34	representative may take action on a postponement under this
35	35	subsection without the necessity of action by the full board if the
36	36	hearing for which the postponement is requested is scheduled to
37	37	occur before the next regular meeting of the board. Not later than
38	38	the seventh day after the date a request for a postponement is
39	39	received, the [The granting by the appraisal review] board, the
40	40	chairman of the board, or the chairman's representative must
41	41	respond in writing or by electronic mail to the property owner or
42	42	agent making the request and, if the request is granted, provide
43	43	notice of the date, time, and place fixed for the hearing [of a
44	44	postponement under this subsection does not require the delivery of
45	45	additional written notice to the property owner].
46	46	SECTION 2. The change in law made by this Act applies only
47	47	to a request for a postponement of an appraisal review board hearing
48	48	received by an appraisal review board on or after the effective date
49	49	of this Act. A request for a postponement of an appraisal review
50	50	board hearing received before the effective date of this Act is
51	51	governed by the law in effect when the request was received, and the
52	52	former law is continued in effect for that purpose.
53	53	SECTION 3. This Act takes effect immediately if it receives
54	54	a vote of two-thirds of all the members elected to each house, as
55	55	provided by Section 39, Article III, Texas Constitution. If this
56	56	Act does not receive the vote necessary for immediate effect, this
57	57	Act takes effect September 1, 2013.