Texas 2015 - 84th Regular

Texas House Bill HB3867 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R23258 CJC-F
2	2	By: Elkins, Bonnen of Galveston H.B. No. 3867
3	3	Substitute the following for H.B. No. 3867:
4	4	By: Bohac C.S.H.B. No. 3867
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the appeal through binding arbitration of certain
10	10	appraisal review board orders; changing the amounts of certain
11	11	fees.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 41A.01, Tax Code, is amended to read as
14	14	follows:
15	15	Sec. 41A.01. RIGHT OF APPEAL BY PROPERTY OWNER. As an
16	16	alternative to filing an appeal under Section 42.01, a property
17	17	owner is entitled to appeal through binding arbitration under this
18	18	chapter an appraisal review board order determining a protest filed
19	19	under Section 41.41(a)(1) or (2) concerning the appraised or market
20	20	value of property if:
21	21	(1) the property qualifies as the owner's residence
22	22	homestead under Section 11.13; or
23	23	(2) the appraised or market value, as applicable, of
24	24	the property as determined by the order is $3 [$1] million or less.
25	25	SECTION 2. Section 41A.03(a), Tax Code, is amended to read
26	26	as follows:
27	27	(a) To appeal an appraisal review board order under this
28	28	chapter, a property owner must file with the appraisal district not
29	29	later than the 45th day after the date the property owner receives
30	30	notice of the order:
31	31	(1) a completed request for binding arbitration under
32	32	this chapter in the form prescribed by Section 41A.04; and
33	33	(2) an arbitration deposit made payable to the
34	34	comptroller in the amount of:
35	35	(A) $450, if the property qualifies as the
36	36	owner's residence homestead under Section 11.13 and the appraised
37	37	or market value, as applicable, of the property is $500,000 or less,
38	38	as determined by the order;
39	39	(B) $500, if the property qualifies as the
40	40	owner's residence homestead under Section 11.13 and the appraised
41	41	or market value, as applicable, of the property is more than
42	42	$500,000, as determined by the order;
43	43	(C) $500, if the property does not qualify as the
44	44	owner's residence homestead under Section 11.13 and the appraised
45	45	or market value, as applicable, of the property is $1 million or
46	46	less, as determined by the order;
47	47	(D) $800, if the property does not qualify as the
48	48	owner's residence homestead under Section 11.13 and the appraised
49	49	or market value, as applicable, of the property is more than $1
50	50	million but not more than $2 million, as determined by the order; or
51	51	(E) $1,050, if the property does not qualify as
52	52	the owner's residence homestead under Section 11.13 and the
53	53	appraised or market value, as applicable, of the property is more
54	54	than $2 million but not more than $3 million, as determined by the
55	55	order [$500].
56	56	SECTION 3. Section 41A.05(b), Tax Code, is amended to read
57	57	as follows:
58	58	(b) The comptroller may retain $50 [an amount equal to 10
59	59	percent] of the deposit to cover the comptroller's administrative
60	60	costs.
61	61	SECTION 4. Section 41A.06(b), Tax Code, is amended to read
62	62	as follows:
63	63	(b) To initially qualify to serve as an arbitrator under
64	64	this chapter, a person must:
65	65	(1) meet the following requirements, as applicable:
66	66	(A) be licensed as an attorney in this state; or
67	67	(B) have:
68	68	(i) completed at least 30 hours of training
69	69	in arbitration and alternative dispute resolution procedures from a
70	70	university, college, or legal or real estate trade association; and
71	71	(ii) been licensed or certified
72	72	continuously during the five years preceding the date the person
73	73	agrees to serve as an arbitrator as:
74	74	(a) a real estate broker or
75	75	salesperson under Chapter 1101, Occupations Code;
76	76	(b) a real estate appraiser under
77	77	Chapter 1103, Occupations Code; or
78	78	(c) a certified public accountant
79	79	under Chapter 901, Occupations Code; and
80	80	(2) agree to conduct an arbitration for a fee that is
81	81	not more than:
82	82	(A) $400, if the property qualifies as the
83	83	owner's residence homestead under Section 11.13 and the appraised
84	84	or market value, as applicable, of the property is $500,000 or less,
85	85	as determined by the order;
86	86	(B) $450, if the property qualifies as the
87	87	owner's residence homestead under Section 11.13 and the appraised
88	88	or market value, as applicable, of the property is more than
89	89	$500,000, as determined by the order;
90	90	(C) $450, if the property does not qualify as the
91	91	owner's residence homestead under Section 11.13 and the appraised
92	92	or market value, as applicable, of the property is $1 million or
93	93	less, as determined by the order;
94	94	(D) $750, if the property does not qualify as the
95	95	owner's residence homestead under Section 11.13 and the appraised
96	96	or market value, as applicable, of the property is more than $1
97	97	million but not more than $2 million, as determined by the order; or
98	98	(E) $1,000, if the property does not qualify as
99	99	the owner's residence homestead under Section 11.13 and the
100	100	appraised or market value, as applicable, of the property is more
101	101	than $2 million but not more than $3 million, as determined by the
102	102	order [90 percent of the amount of the arbitration deposit required
103	103	by Section 41A.03].
104	104	SECTION 5. The change in law made by this Act applies only
105	105	to a request for binding arbitration under Chapter 41A, Tax Code,
106	106	that is filed on or after the effective date of this Act. A request
107	107	for binding arbitration under Chapter 41A, Tax Code, that is filed
108	108	before the effective date of this Act is governed by the law in
109	109	effect on the date the request is filed, and the former law is
110	110	continued in effect for that purpose.
111	111	SECTION 6. This Act takes effect September 1, 2015.