84R30264 TJB-F
By: Watson S.B. No. 593
(Darby)
Substitute the following for S.B. No. 593: No.
A BILL TO BE ENTITLED
AN ACT
relating to pretrial settlement discussions during ad valorem tax
appeals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 42, Tax Code, is amended by
adding Section 42.227 to read as follows:
Sec. 42.227. PRETRIAL SETTLEMENT DISCUSSIONS. (a) A
property owner or appraisal district that is a party to an appeal
under this chapter may request that the parties engage in
settlement discussions, including through an informal settlement
conference or a form of alternative dispute resolution. The request
must be in writing and delivered to the other party before the date
of trial. The court on motion of either party shall enter orders
necessary to implement this section, including an order:
(1) specifying the form that the settlement
discussions must take; or
(2) changing a deadline to designate experts
prescribed by Subsection (c).
(b) On or before the 120th day after the date the written
request is delivered under Subsection (a), each party or the
party's attorney of record shall attend the settlement discussions
and make a good faith effort to resolve the matter under appeal.
(c) If the appraisal district is unable for any reason to
attend the settlement discussions on or before the 120th day after
the date the written request is delivered under Subsection (a), the
deadline to designate experts for the appeal is, notwithstanding a
deadline prescribed by the Texas Rules of Civil Procedure:
(1) with regard to all experts testifying for a party
seeking affirmative relief, 60 days before the date of trial; and
(2) with regard to all other experts, 30 days before
the date of trial.
(d) If a property owner is unable for any reason to attend
the settlement discussions on or before the 120th day after the date
the written request is delivered under Subsection (a), Section
42.23(d) does not apply to the parties to the appeal.
(e) An appraisal district may not request or require a
property owner to waive a right under this title as a condition of
attending a settlement discussion.
SECTION 2. The changes in law made by this Act apply only to
an appeal filed under Chapter 42, Tax Code, on or after the
effective date of this Act. An appeal filed under Chapter 42, Tax
Code, before the effective date of this Act is governed by the law
applicable to the appeal immediately before the effective date of
this Act, 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, 2015.