83R23312 TJB-F
By: Otto H.B. No. 3442
Substitute the following for H.B. No. 3442:
By: Hilderbran C.S.H.B. No. 3442
A BILL TO BE ENTITLED
AN ACT
relating to the obligation of an appraisal review board to respond
to a property owner's request to postpone a hearing of the board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 41.45(e), Tax Code, is amended to read as
follows:
(e) On request made to the appraisal review board before the
date of the hearing, a property owner who has not designated an
agent under Section 1.111 to represent the owner at the hearing is
entitled to one postponement of the hearing to a later date without
showing cause. In addition and without limitation as to the number
of postponements, the board shall postpone the hearing to a later
date if the property owner or the owner's agent at any time shows
good cause for the postponement or if the chief appraiser consents
to the postponement. The hearing may not be postponed to a date
less than five or more than 30 days after the date scheduled for the
hearing when the postponement is sought unless the date and time of
the hearing as postponed are agreed to by the chairman of the
[appraisal review] board or the chairman's representative, the
property owner, and the chief appraiser. A request by a property
owner for a postponement under this subsection may be made in
writing, including by facsimile transmission or electronic mail, by
telephone, or in person to the [appraisal review] board, a panel of
the board, or the chairman of the board. The request must include
the mailing address and electronic mail address of the property
owner or agent making the request. The chairman or the chairman's
representative may take action on a postponement under this
subsection without the necessity of action by the full board if the
hearing for which the postponement is requested is scheduled to
occur before the next regular meeting of the board. Not later than
the seventh day after the date a request for a postponement is
received, the [The granting by the appraisal review] board, the
chairman of the board, or the chairman's representative must
respond in writing or by electronic mail to the property owner or
agent making the request and, if the request is granted, provide
notice of the date, time, and place fixed for the hearing [of a
postponement under this subsection does not require the delivery of
additional written notice to the property owner].
SECTION 2. The change in law made by this Act applies only
to a request for a postponement of an appraisal review board hearing
received by an appraisal review board on or after the effective date
of this Act. A request for a postponement of an appraisal review
board hearing received before the effective date of this Act is
governed by the law in effect when the request was received, and the
former law is continued in effect for that purpose.
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, 2013.