Texas 2015 - 84th Regular

Texas House Bill HB3257 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Springer H.B. No. 3257
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	Relating to the preparation of appraisal records.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 25.01, Tax Code, is amended by amending
9	9	Subsection (b) and adding new Subsection (c-1) to read as follows:
10	10	(b) The board of directors of the district [chief appraiser]
11	11	with the advice of the chief appraiser [approval of the board of
12	12	directors of the district] may contract with a private appraisal
13	13	firm to perform appraisal services for the district with such
14	14	services subject to the chief appraiser's [his] approval. The
15	15	comptroller by rule shall prescribe the form and content of
16	16	contracts for private appraisal services as authorized by this
17	17	section. A contract for private appraisal services is void if the
18	18	amount of compensation to be paid the private appraisal firm is
19	19	contingent on the amount of or increase in appraised, assessed, or
20	20	taxable value of property appraised by the appraisal firm.
21	21	(c) A contract for appraisal services for an appraisal
22	22	district is invalid if it does not provide that copies of the
23	23	appraisal, together with supporting data, must be made available to
24	24	the appraisal district and such appraisals and supporting data
25	25	shall be public records. A private appraisal firm's ["Supporting
26	26	data" shall not be construed to include] personal notes,
27	27	correspondence, working papers, thought processes, or any other
28	28	matters of a privileged or proprietary nature are confidential and
29	29	may not be disclosed except as authorized by subsection (c-1) of
30	30	this section. [.]
31	31	(c-1) Information made confidential by this section may be
32	32	disclosed:
33	33	(1) in a judicial proceeding pursuant to a lawful
34	34	subpoena; and
35	35	(2) to the comptroller, an employee of the comptroller
36	36	authorized by the comptroller in writing to receive the
37	37	information, or to a chief appraiser if requested in writing. A
38	38	private appraisal firm's personal notes, correspondence, working
39	39	papers, thought processes, or any other matters of a privileged or
40	40	proprietary nature provided to the comptroller, an employee of the
41	41	comptroller, or the appraisal office under this subsection shall
42	42	remain confidential in the hands of the comptroller or
43	43	comptroller's employees or the appraisal office.
44	44	SECTION 2. Section 5.102, Tax Code, is amended by amending
45	45	Subsections (a) and (b) to read as follows:
46	46	(a) At least once every two years, the comptroller shall
47	47	review the governance of each appraisal district, taxpayer
48	48	assistance provided, and the operating and appraisal standards,
49	49	procedures, and methodology used by each appraisal district and any
50	50	private appraisal firms contracted to perform appraisal services
51	51	for the appraisal district under Section 25.01 of this title, to
52	52	determine compliance with generally accepted standards,
53	53	procedures, and methodology. After consultation with the advisory
54	54	committee created under Section 403.302, Government Code, the
55	55	comptroller by rule may establish procedures and standards for
56	56	conducting and scoring the review.
57	57	(b) In conducting the review, the comptroller is entitled to
58	58	access to all records and reports of the appraisal district and to
59	59	all records, reports and materials concerning appraisal services
60	60	performed by private appraisal firms for the appraisal district, to
61	61	copy or print any record or report of the appraisal district or to
62	62	copy or print any record, report or material concerning appraisal
63	63	services performed by private appraisal firms for the appraisal
64	64	district, and to the assistance of the appraisal district's
65	65	officers and employees.
66	66	SECTION 3. This Act takes effect immediately if it receives
67	67	a vote of two-thirds of all the members elected to each house, as
68	68	provided by Section 39, Article III, Texas Constitution. If this
69	69	Act does not receive the vote necessary for immediate effect, this
70	70	Act takes effect September 1, 2015.