Texas 2015 - 84th Regular

Texas House Bill HB3012 Compare Versions

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1-84R24952 CJC-F
21 By: Parker H.B. No. 3012
3- Substitute the following for H.B. No. 3012:
4- By: Springer C.S.H.B. No. 3012
52
63
74 A BILL TO BE ENTITLED
85 AN ACT
96 relating to appraisal review boards; amending provisions subject to
107 a criminal penalty.
118 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
129 SECTION 1. Section 6.41, Tax Code, is amended by amending
1310 Subsections (d-1), (d-6), and (i) and adding Subsection (d-10) to
1411 read as follows:
1512 (d-1) In a county with a population of 120,000 or more the
1613 members of the board, including auxiliary board members, are
1714 appointed by the local administrative district judge under
1815 Subchapter D, Chapter 74, Government Code, in the county in which
1916 the appraisal district is established. All applications submitted
2017 to the appraisal district or to the appraisal review board from
2118 persons seeking appointment as a member of the appraisal review
2219 board shall be delivered to the local administrative district
2320 judge. The appraisal district may provide the local administrative
2421 district judge with information regarding whether an applicant for
2522 appointment to or a member of the board owes any delinquent ad
2623 valorem taxes to a taxing unit participating in the appraisal
2724 district.
2825 (d-6) An appraisal review board commissioner may [is] not
2926 serve [disqualified from serving] as a member of the appraisal
3027 review board.
3128 (d-10) An individual is ineligible to serve on an appraisal
3229 review board described by Subsection (d-1) if the individual has
3330 served on the board for all or part of three previous terms.
3431 (i) This subsection applies only to an appraisal district
3532 described by Subsection (d-1). A chief appraiser or another
3633 employee or agent of the appraisal district, a member of the
3734 appraisal review board for the appraisal district, a member of the
3835 board of directors of the appraisal district, a property tax
3936 consultant, or an agent of a property owner commits an offense if
4037 the person communicates with the local administrative district
4138 judge or an appraisal review board commissioner regarding the
4239 appointment of appraisal review board members. This subsection does
4340 not apply to:
4441 (1) a communication between a member of the appraisal
4542 review board and the local administrative district judge regarding
4643 the member's reappointment to the board;
4744 (2) a communication between the taxpayer liaison
4845 officer for the appraisal district and the local administrative
4946 district judge in the course of the performance of the officer's
5047 clerical duties so long as the officer does not offer an opinion or
5148 comment regarding the appointment of appraisal review board
5249 members; or
5350 (3) a communication between a chief appraiser or
5451 another employee or agent of the appraisal district, a member of the
5552 appraisal review board for the appraisal district, or a member of
5653 the board of directors of the appraisal district and the local
5754 administrative district judge regarding information described by
5855 Subsection (d-1) of this section or Section 411.1296, Government
5956 Code.
60- SECTION 2. Section 6.42(a), Tax Code, is amended to read as
61- follows:
62- (a) A majority of the appraisal review board constitutes a
63- quorum. The board may not take formal action at a meeting unless a
64- quorum of board members is present. The board [of directors of the
65- appraisal district] by resolution adopted by majority vote shall
66- select a chairman and a secretary from among its [the] members [of
67- the appraisal review board]. The board [of directors of the
68- appraisal district] is encouraged to select as chairman of the
69- [appraisal review] board a member of the [appraisal review] board,
70- if any, who has a background in law and property appraisal.
71- SECTION 3. Section 41.71, Tax Code, is amended to read as
57+ SECTION 2. Section 41.71, Tax Code, is amended to read as
7258 follows:
7359 Sec. 41.71. EVENING AND WEEKEND HEARINGS. An appraisal
7460 review board by rule shall provide for hearings on protests in the
7561 evening or on a Saturday [or Sunday]. The board may not schedule a
7662 hearing on a protest on a Sunday.
77- SECTION 4. The changes in law made by this Act to Section
63+ SECTION 3. The changes in law made by this Act to Section
7864 6.41, Tax Code, do not affect the right of a person serving on the
7965 appraisal review board of an appraisal district on the effective
8066 date of this Act to complete the person's term on the board.
81- SECTION 5. The change in law made by this Act to Section
67+ SECTION 4. The change in law made by this Act to Section
8268 41.71, Tax Code, applies only to a hearing on a protest under
8369 Chapter 41, Tax Code, that is scheduled on or after the effective
8470 date of this Act. A hearing on a protest under Chapter 41, Tax Code,
8571 that is scheduled before the effective date of this Act is governed
8672 by the law in effect on the date the hearing was scheduled, and that
8773 law is continued in effect for that purpose.
88- SECTION 6. This Act takes effect September 1, 2015.
74+ SECTION 5. This Act takes effect September 1, 2015.