Texas 2015 - 84th Regular

Texas Senate Bill SB849 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Bettencourt S.B. No. 849
2		-	(Elkins)
	1	+	S.B. No. 849
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to access to and fees associated with binding arbitration
8	6		of appraisal review board orders.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Section 41A.01, Tax Code, is amended to read as
11	9		follows:
12	10		Sec. 41A.01. RIGHT OF APPEAL BY PROPERTY OWNER. As an
13	11		alternative to filing an appeal under Section 42.01, a property
14	12		owner is entitled to appeal through binding arbitration under this
15	13		chapter an appraisal review board order determining a protest filed
16	14		under Section 41.41(a)(1) or (2) concerning the appraised or market
17	15		value of property if:
18	16		(1) the property qualifies as the owner's residence
19	17		homestead under Section 11.13; or
20	18		(2) the appraised or market value, as applicable, of
21	19		the property as determined by the order is $3 [$1] million or less.
22	20		SECTION 2. Section 41A.03(a), Tax Code, is amended to read
23	21		as follows:
24	22		(a) To appeal an appraisal review board order under this
25	23		chapter, a property owner must file with the appraisal district not
26	24		later than the 45th day after the date the property owner receives
27	25		notice of the order:
28	26		(1) a completed request for binding arbitration under
29	27		this chapter in the form prescribed by Section 41A.04; and
30	28		(2) an arbitration deposit made payable to the
31	29		comptroller in the amount of:
32	30		(A) $450, if the property qualifies as the
33	31		owner's residence homestead under Section 11.13 and the appraised
34	32		or market value, as applicable, of the property is $500,000 or less,
35	33		as determined by the order;
36	34		(B) $500, if the property qualifies as the
37	35		owner's residence homestead under Section 11.13 and the appraised
38	36		or market value, as applicable, of the property is more than
39	37		$500,000, as determined by the order;
40	38		(C) $500, if the property does not qualify as the
41	39		owner's residence homestead under Section 11.13 and the appraised
42	40		or market value, as applicable, of the property is $1 million or
43	41		less, as determined by the order;
44	42		(D) $800, if the property does not qualify as the
45	43		owner's residence homestead under Section 11.13 and the appraised
46	44		or market value, as applicable, of the property is more than $1
47	45		million but not more than $2 million, as determined by the order; or
48	46		(E) $1,050, if the property does not qualify as
49	47		the owner's residence homestead under Section 11.13 and the
50	48		appraised or market value, as applicable, of the property is more
51	49		than $2 million but not more than $3 million, as determined by the
52	50		order [$500].
53	51		SECTION 3. Section 41A.05(b), Tax Code, is amended to read
54	52		as follows:
55	53		(b) The comptroller may retain $50 [an amount equal to 10
56	54		percent] of the deposit to cover the comptroller's administrative
57	55		costs.
58	56		SECTION 4. Section 41A.06(b), Tax Code, is amended to read
59	57		as follows:
60	58		(b) To initially qualify to serve as an arbitrator under
61	59		this chapter, a person must:
62	60		(1) meet the following requirements, as applicable:
63	61		(A) be licensed as an attorney in this state; or
64	62		(B) have:
65	63		(i) completed at least 30 hours of training
66	64		in arbitration and alternative dispute resolution procedures from a
67	65		university, college, or legal or real estate trade association; and
68	66		(ii) been licensed or certified
69	67		continuously during the five years preceding the date the person
70	68		agrees to serve as an arbitrator as:
71	69		(a) a real estate broker or
72	70		salesperson under Chapter 1101, Occupations Code;
73	71		(b) a real estate appraiser under
74	72		Chapter 1103, Occupations Code; or
75	73		(c) a certified public accountant
76	74		under Chapter 901, Occupations Code; and
77	75		(2) agree to conduct an arbitration for a fee that is
78	76		not more than:
79	77		(A) $400, if the property qualifies as the
80	78		owner's residence homestead under Section 11.13 and the appraised
81	79		or market value, as applicable, of the property is $500,000 or less,
82	80		as determined by the order;
83	81		(B) $450, if the property qualifies as the
84	82		owner's residence homestead under Section 11.13 and the appraised
85	83		or market value, as applicable, of the property is more than
86	84		$500,000, as determined by the order;
87	85		(C) $450, if the property does not qualify as the
88	86		owner's residence homestead under Section 11.13 and the appraised
89	87		or market value, as applicable, of the property is $1 million or
90	88		less, as determined by the order;
91	89		(D) $750, if the property does not qualify as the
92	90		owner's residence homestead under Section 11.13 and the appraised
93	91		or market value, as applicable, of the property is more than $1
94	92		million but not more than $2 million, as determined by the order; or
95	93		(E) $1,000, if the property does not qualify as
96	94		the owner's residence homestead under Section 11.13 and the
97	95		appraised or market value, as applicable, of the property is more
98	96		than $2 million but not more than $3 million, as determined by the
99	97		order [90 percent of the amount of the arbitration deposit required
100	98		by Section 41A.03].
101	99		SECTION 5. The change in law made by this Act applies only
102	100		to a request for binding arbitration under Chapter 41A, Tax Code,
103	101		that is filed on or after the effective date of this Act. A request
104	102		for binding arbitration under Chapter 41A, Tax Code, that is filed
105	103		before the effective date of this Act is governed by the law in
106	104		effect on the date the request is filed, and the former law is
107	105		continued in effect for that purpose.
108	106		SECTION 6. This Act takes effect on September 1, 2015.
	107	+	______________________________ ______________________________
	108	+	President of the Senate Speaker of the House
	109	+	I hereby certify that S.B. No. 849 passed the Senate on
	110	+	April 23, 2015, by the following vote: Yeas 30, Nays 0.
	111	+	______________________________
	112	+	Secretary of the Senate
	113	+	I hereby certify that S.B. No. 849 passed the House on
	114	+	May 22, 2015, by the following vote: Yeas 138, Nays 1, one
	115	+	present not voting.
	116	+	______________________________
	117	+	Chief Clerk of the House
	118	+	Approved:
	119	+	______________________________
	120	+	Date
	121	+	______________________________
	122	+	Governor