| 8 | 4 | | AN ACT |
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| 9 | 5 | | relating to pretrial settlement discussions during ad valorem tax |
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| 10 | 6 | | appeals. |
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| 11 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 8 | | SECTION 1. Subchapter B, Chapter 42, Tax Code, is amended by |
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| 13 | 9 | | adding Section 42.227 to read as follows: |
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| 14 | 10 | | Sec. 42.227. PRETRIAL SETTLEMENT DISCUSSIONS. (a) A |
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| 15 | 11 | | property owner or appraisal district that is a party to an appeal |
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| 16 | 12 | | under this chapter may request that the parties engage in |
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| 17 | 13 | | settlement discussions, including through an informal settlement |
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| 18 | | - | conference or a form of alternative dispute resolution. The request |
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| 19 | | - | must be in writing and delivered to the other party before the date |
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| 20 | | - | of trial. The court on motion of either party shall enter orders |
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| 21 | | - | necessary to implement this section, including an order: |
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| 14 | + | conference or a form of alternative dispute resolution. The |
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| 15 | + | request must be in writing and delivered to the other party before |
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| 16 | + | the date of trial. The court on motion of either party shall enter |
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| 17 | + | orders necessary to implement this section, including an order: |
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| 22 | 18 | | (1) specifying the form that the settlement |
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| 23 | 19 | | discussions must take; or |
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| 24 | 20 | | (2) changing a deadline to designate experts |
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| 25 | 21 | | prescribed by Subsection (c). |
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| 26 | 22 | | (b) On or before the 120th day after the date the written |
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| 27 | 23 | | request is delivered under Subsection (a), each party or the |
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| 28 | 24 | | party's attorney of record shall attend the settlement discussions |
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| 29 | 25 | | and make a good faith effort to resolve the matter under appeal. |
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| 30 | 26 | | (c) If the appraisal district is unable for any reason to |
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| 31 | 27 | | attend the settlement discussions on or before the 120th day after |
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| 32 | 28 | | the date the written request is delivered under Subsection (a), the |
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| 33 | 29 | | deadline to designate experts for the appeal is, notwithstanding a |
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| 34 | 30 | | deadline prescribed by the Texas Rules of Civil Procedure: |
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| 35 | 31 | | (1) with regard to all experts testifying for a party |
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| 36 | 32 | | seeking affirmative relief, 60 days before the date of trial; and |
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| 37 | 33 | | (2) with regard to all other experts, 30 days before |
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| 38 | 34 | | the date of trial. |
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| 39 | 35 | | (d) If a property owner is unable for any reason to attend |
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| 40 | 36 | | the settlement discussions on or before the 120th day after the date |
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| 41 | 37 | | the written request is delivered under Subsection (a), Section |
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| 42 | 38 | | 42.23(d) does not apply to the parties to the appeal. |
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| 43 | 39 | | (e) An appraisal district may not request or require a |
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| 44 | 40 | | property owner to waive a right under this title as a condition of |
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| 45 | 41 | | attending a settlement discussion. |
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| 46 | 42 | | SECTION 2. The changes in law made by this Act apply only to |
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| 47 | 43 | | an appeal filed under Chapter 42, Tax Code, on or after the |
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| 48 | 44 | | effective date of this Act. An appeal filed under Chapter 42, Tax |
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| 49 | 45 | | Code, before the effective date of this Act is governed by the law |
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| 50 | 46 | | applicable to the appeal immediately before the effective date of |
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| 51 | 47 | | this Act, and the former law is continued in effect for that |
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| 52 | 48 | | purpose. |
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| 53 | 49 | | SECTION 3. This Act takes effect immediately if it receives |
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| 54 | 50 | | a vote of two-thirds of all the members elected to each house, as |
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| 55 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 56 | 52 | | Act does not receive the vote necessary for immediate effect, this |
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| 57 | 53 | | Act takes effect September 1, 2015. |
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| 54 | + | ______________________________ ______________________________ |
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| 55 | + | President of the Senate Speaker of the House |
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| 56 | + | I hereby certify that S.B. No. 593 passed the Senate on |
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| 57 | + | May 4, 2015, by the following vote: Yeas 29, Nays 1, one present |
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| 58 | + | not voting; and that the Senate concurred in House amendment on |
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| 59 | + | May 29, 2015, by the following vote: Yeas 29, Nays 1, one present |
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| 60 | + | not voting. |
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| 61 | + | ______________________________ |
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| 62 | + | Secretary of the Senate |
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| 63 | + | I hereby certify that S.B. No. 593 passed the House, with |
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| 64 | + | amendment, on May 26, 2015, by the following vote: Yeas 142, |
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| 65 | + | Nays 0, two present not voting. |
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| 66 | + | ______________________________ |
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| 67 | + | Chief Clerk of the House |
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| 68 | + | Approved: |
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| 69 | + | ______________________________ |
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| 70 | + | Date |
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| 71 | + | ______________________________ |
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| 72 | + | Governor |
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