Texas 2017 - 85th Regular

Texas House Bill HB1248 Compare Versions

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

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1	1	By: Lucio III H.B. No. 1248
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to alternative resolution procedures for ad valorem tax
7	7	suits brought under Chapter 42 of the Texas Property Tax Code for
8	8	purposes of enhancing the public policy of this state of reducing
9	9	the delay and the costs of litigation.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 42, Tax Code, is amended by adding
12	12	Section 42.228 to read as follows:
13	13	Sec. 42.228. ALTERNATIVE DISPUTE RESOLUTION FOR EXPEDITING
14	14	APPEALS.
15	15	(a) A party to a lawsuit brought under Chapter 42 of the
16	16	Property Tax Code may elect alternative dispute resolution
17	17	procedures for the purpose of expediting the resolution of the
18	18	lawsuit.
19	19	(b) The alternative dispute resolution procedures contained
20	20	in this section may be implemented by the request of a plaintiff
21	21	included in the filing of the plaintiff's original petition or by a
22	22	defendant included in the filing of the defendant's answer to
23	23	plaintiff's original petition. The alternative dispute resolution
24	24	procedures contained in this section shall be an alternative to and
25	25	in place of the procedures contained in the Texas Rules of Civil
26	26	Procedure to the extent they conflict.
27	27	(c) Limitations on Certain Discovery: Discovery shall be
28	28	limited as follows except as set by order of the court upon hearing
29	29	or by agreement of the parties:
30	30	(1) Document Production: The parties shall not serve
31	31	and shall not be required to answer a Request for Production of
32	32	Documents except as provided herein.
33	33	(2) Written Interrogatories: The parties shall not
34	34	serve and shall not be required to answer written interrogatories.
35	35	(3) Requests for Admission: The parties shall not
36	36	serve and shall not be required to answer requests for admission.
37	37	(4) Depositions on Written Questions. The parties
38	38	shall not serve and shall not be required to answer depositions on
39	39	written questions.
40	40	(5) Discovery from Non-Parties. The parties shall not
41	41	serve discovery on non-parties.
42	42	(d) Request for Production of Documents: Document
43	43	production shall be required and limited as follows:
44	44	(1) Document Production by Property Owner in Section
45	45	42.25 Lawsuit Involving Real Property: A property owner who files
46	46	an appeal concerning real property under Sections 42.25 of this
47	47	Chapter shall without request produce the following documents in
48	48	the property owner's possession at least thirty days prior to a
49	49	scheduled mediation or within 14 days of a disclosure of a
50	50	testifying witness under subsection (f):
51	51	(i) any rent roll for the subject property
52	52	for the year prior to the year subject to the appeal;
53	53	(ii) the operating statement for the year
54	54	prior to the year subject to appeal if the subject property is
55	55	leased for use;
56	56	(iii) any fee simple appraisal report of
57	57	the subject property done within the last three years or any other
58	58	appraisal done in the prior year in possession of the plaintiff;
59	59	(iv) any document stating or supporting the
60	60	owner's opinion, if any, of deferred maintenance or costs to cure,
61	61	(v) any document stating or supporting the
62	62	owner's opinion of value.
63	63	(2) Document Production by Appraisal District in
64	64	Section 42.25 Lawsuit Involving Real Property: The Appraisal
65	65	District shall produce the following documents in the appraisal
66	66	district's possession without request to the property owner at
67	67	least thirty days prior to a scheduled mediation or within 14 days
68	68	of a disclosure of a testifying witness under subsection (f,
69	69	whichever is earlier:
70	70	(i) the appraisal records as set forth in
71	71	Section 25.02 of this Code for the subject property for the tax year
72	72	at issue,
73	73	(ii) the evidence submitted by the
74	74	Appraisal District or Property Owner to the Appraisal Review Board
75	75	concerning the subject property for the tax year at issue,
76	76	(iii) any appraisal reports or valuation
77	77	analysis within its possession, custody, or control concerning the
78	78	subject property relating to the tax year at issue for any of the
79	79	three years preceding the tax year at issue,
80	80	(iv) the information and material
81	81	identified in Sections 23.011, 23.012, 23.013, and 23.014 of
82	82	Chapter 23 of this Title used in appraising the market value of the
83	83	property.
84	84	(3) Production Involving Personal Property: In a suit
85	85	concerning personal property filed under Sections 42.25 or 42.26 of
86	86	this Chapter, the parties may serve Requests for Production. The
87	87	Requests for Production shall be limited to ten discreet requests
88	88	with each subpart of a request considered to be a discreet request.
89	89	(4) Production by Appraisal District in Section 42.26
90	90	Lawsuit Involving Real Property: For purposes of an appeal filed
91	91	under Section 42.26 of this Code, the property owner may identify in
92	92	a Request for Production to the appraisal district, the properties
93	93	claimed as comparable to the subject which shall not exceed ten. The
94	94	Appraisal District shall produce to the property owner at least
95	95	thirty days prior to a scheduled mediation or within 14 days of a
96	96	disclosure under subsection (f) for the comparables identified by
97	97	the property owner:
98	98	(i) the appraisal records as set forth in
99	99	Section 25.02 of this Code for the property for the tax year at
100	100	issue,
101	101	(ii) the evidence submitted by the
102	102	Appraisal District or Property Owner to the Appraisal Review Board
103	103	concerning the property for the tax year at issue,
104	104	(iii) any appraisal reports or valuation
105	105	analysis within its possession, custody, or control concerning the
106	106	property relating to the tax year at issue or identified comparable
107	107	properties for any of the three years preceding the tax year at
108	108	issue unless otherwise prohibited from disclosure under this code,
109	109	(iv) the information and material
110	110	identified in Sections 23.011, 23.012, 23.013, and 23.014 of
111	111	Chapter 23 of this Title used in appraising the market value of the
112	112	property,
113	113	(e)Oral Depositions. Oral depositions shall be limited as
114	114	follows:
115	115	(1) Witnesses. The parties may take the oral
116	116	depositions of testifying experts, the property owner or a
117	117	corporate representative of the property owner, and a corporate
118	118	representative of the Appraisal District.
119	119	(2) Timing. No party shall be required to submit
120	120	itself or its testifying expert witnesses for oral deposition until
121	121	the parties have attended settlement discussions pursuant to
122	122	Section 42.227 of this Chapter, if such settlement discussions were
123	123	requested.
124	124	(3) Scheduling. The parties shall cooperate in good
125	125	faith to schedule oral depositions at a time and place convenient
126	126	for the parties, witnesses, and counsel. The deposition of an owner
127	127	or owner representative may be taken in the county in which the
128	128	owner resides or may be taken by telephone.
129	129	(4) Length. Depositions of fact witnesses are limited
130	130	to three hours per deposition. Depositions of testifying expert
131	131	witnesses are limited to six hours per deposition.
132	132	(5) Court Reporter. The parties shall cooperate in
133	133	good faith to use the same court reporter or videographer service.
134	134	(6) Exhibits. The parties shall cooperate in good
135	135	faith to number documents, photographs, and other information used
136	136	as exhibits at oral depositions sequentially, regardless of the
137	137	identity of the deponent or the party introducing the exhibit. The
138	138	parties shall use the same exhibit numbers when referring to such
139	139	exhibits in pretrial motions and at trial. The written opinion of an
140	140	expert shall be admitted in to evidence.
141	141	(7) Documents for a Deposition: The parties upon
142	142	request shall produce any documents set forth in subsection (d) of
143	143	this section, the witness's written opinions, if any, and the
144	144	witnesses's work file , if any, supporting the witnesses's opinion.
145	145	(f)
146	146	Expert Witnesses. The parties may serve Requests for
147	147	Disclosure as in civil suits generally. In addition to the
148	148	requirements for a Request for Disclosure set forth in the Rules of
149	149	Civil Procedure, within 30 days of retaining an expert witness, a
150	150	party shall disclose the identity of the expert and whether the
151	151	expert has been retained to perform an appraisal under section
152	152	42.25 or 42.26 or both.
153	153	(g) Pre-trial Disputes. The parties shall attempt in good
154	154	faith to resolve any disputes concerning pre-trial matters. Before
155	155	the court may be asked to intervene, the lead attorneys for the
156	156	parties shall try to resolve the dispute by telephone or by meeting
157	157	in person without either party filing any motion with the court or
158	158	sending any correspondence concerning the dispute.
159	159	(h) Hearings. The parties shall cooperate in good faith to
160	160	set hearings at a time convenient for the court, witnesses, and the
161	161	attorneys. Before the court may be asked to set a hearing, the party
162	162	seeking a hearing must contact opposing counsel to inquire about
163	163	availability.
164	164	(i) Exceptions. Except where specifically prohibited by
165	165	this Chapter, the procedures and limitations set forth in this
166	166	Section may be modified in any suit by agreement of the parties or
167	167	by court order for good cause
168	168	(j) Additional Discovery Requests. A party seeking
169	169	additional discovery, as in civil suits generally, may file a
170	170	motion with the court. The motion shall include the specific
171	171	discovery requests, a written reason in support of good cause for
172	172	each specific request and a certificate that a good faith effort has
173	173	been made to have a telephone or in person conference with opposing
174	174	counsel. The court may grant the motion if the party requesting the
175	175	additional discovery demonstrates a need for the additional
176	176	discovery is necessary for an expert to form a reliable opinion of
177	177	the market value of the subject property under Section 42.25, Tax
178	178	Code or the equal and uniform value of the property under Section
179	179	42.26, Tax Code. In a suit brought under Section 42.25 of this code,
180	180	a defendant may file a Request for Production limited to the closing
181	181	statement for the purchase of the subject property if the subject
182	182	property was purchased in the two years prior to the tax year which
183	183	is the subject of the lawsuit.
184	184	(k) Award of Attorney's Fees: If a party files a motion with
185	185	the court and does not prevail in the motion, the court shall award
186	186	reasonable attorney fees related to the motion.
187	187	SECTION 2. This Act takes effect immediately if it receives
188	188	a vote of two-thirds of all members elected to each house, as
189	189	provided by Section 39, Article III, Texas Constitution. If this
190	190	Act does not receive the vote necessary for immediate effect, this
191	191	Act takes effect September 1, 2017.