Texas 2017 - 85th Regular

Texas House Bill HB1783 Compare Versions

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

Old	New	Differences
1	1	85R1375 LHC-F
2	2	By: Faircloth H.B. No. 1783
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the appeal through binding arbitration of certain
8	8	appraisal review board orders; changing the amounts of certain
9	9	fees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 41A.03(a), Tax Code, is amended to read
12	12	as follows:
13	13	(a) To appeal an appraisal review board order under this
14	14	chapter, a property owner must file with the appraisal district not
15	15	later than the 45th day after the date the property owner receives
16	16	notice of the order:
17	17	(1) a completed request for binding arbitration under
18	18	this chapter in the form prescribed by Section 41A.04; and
19	19	(2) an arbitration deposit made payable to the
20	20	comptroller in the amount of:
21	21	(A) $250 [$450], if the property qualifies as the
22	22	owner's residence homestead under Section 11.13 and the appraised
23	23	or market value, as applicable, of the property is $250,000
24	24	[$500,000] or less, as determined by the order;
25	25	(B) $350 [$500], if the property qualifies as the
26	26	owner's residence homestead under Section 11.13 and the appraised
27	27	or market value, as applicable, of the property is more than
28	28	$250,000 but not more than $500,000, as determined by the order;
29	29	(C) $500, if the property qualifies as the
30	30	owner's residence homestead under Section 11.13 and the appraised
31	31	or market value, as applicable, of the property is more than
32	32	$500,000, as determined by the order;
33	33	(D) $500, if the property does not qualify as the
34	34	owner's residence homestead under Section 11.13 and the appraised
35	35	or market value, as applicable, of the property is $1 million or
36	36	less, as determined by the order;
37	37	(E) [(D)] $800, if the property does not qualify
38	38	as the owner's residence homestead under Section 11.13 and the
39	39	appraised or market value, as applicable, of the property is more
40	40	than $1 million but not more than $2 million, as determined by the
41	41	order; or
42	42	(F) [(E)] $1,050, if the property does not
43	43	qualify as the owner's residence homestead under Section 11.13 and
44	44	the appraised or market value, as applicable, of the property is
45	45	more than $2 million but not more than $3 million, as determined by
46	46	the order.
47	47	SECTION 2. Section 41A.06(b), Tax Code, is amended to read
48	48	as follows:
49	49	(b) To initially qualify to serve as an arbitrator under
50	50	this chapter, a person must:
51	51	(1) meet the following requirements, as applicable:
52	52	(A) be licensed as an attorney in this state; or
53	53	(B) have:
54	54	(i) completed at least 30 hours of training
55	55	in arbitration and alternative dispute resolution procedures from a
56	56	university, college, or legal or real estate trade association; and
57	57	(ii) been licensed or certified
58	58	continuously during the five years preceding the date the person
59	59	agrees to serve as an arbitrator as:
60	60	(a) a real estate broker or sales
61	61	agent [salesperson] under Chapter 1101, Occupations Code;
62	62	(b) a real estate appraiser under
63	63	Chapter 1103, Occupations Code; or
64	64	(c) a certified public accountant
65	65	under Chapter 901, Occupations Code; and
66	66	(2) agree to conduct an arbitration for a fee that is
67	67	not more than:
68	68	(A) $200 [$400], if the property qualifies as the
69	69	owner's residence homestead under Section 11.13 and the appraised
70	70	or market value, as applicable, of the property is $250,000
71	71	[$500,000] or less, as determined by the order;
72	72	(B) $300 [$450], if the property qualifies as the
73	73	owner's residence homestead under Section 11.13 and the appraised
74	74	or market value, as applicable, of the property is more than
75	75	$250,000 but not more than $500,000, as determined by the order;
76	76	(C) $450, if the property qualifies as the
77	77	owner's residence homestead under Section 11.13 and the appraised
78	78	or market value, as applicable, of the property is more than
79	79	$500,000, as determined by the order;
80	80	(D) $450, if the property does not qualify as the
81	81	owner's residence homestead under Section 11.13 and the appraised
82	82	or market value, as applicable, of the property is $1 million or
83	83	less, as determined by the order;
84	84	(E) [(D)] $750, if the property does not qualify
85	85	as the owner's residence homestead under Section 11.13 and the
86	86	appraised or market value, as applicable, of the property is more
87	87	than $1 million but not more than $2 million, as determined by the
88	88	order; or
89	89	(F) [(E)] $1,000, if the property does not
90	90	qualify as the owner's residence homestead under Section 11.13 and
91	91	the appraised or market value, as applicable, of the property is
92	92	more than $2 million but not more than $3 million, as determined by
93	93	the order.
94	94	SECTION 3. The changes in law made by this Act apply only to
95	95	a request for binding arbitration under Chapter 41A, Tax Code, that
96	96	is filed on or after the effective date of this Act. A request for
97	97	binding arbitration under Chapter 41A, Tax Code, that is filed
98	98	before the effective date of this Act is governed by the law in
99	99	effect on the date the request is filed, and the former law is
100	100	continued in effect for that purpose.
101	101	SECTION 4. This Act takes effect September 1, 2017.