Texas 2017 - 85th Regular

Texas House Bill HB3557 Compare Versions

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

Old	New	Differences
1	1	85R15340 TJB-F
2	2	By: Murphy H.B. No. 3557
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the system for protesting or appealing certain ad
8	8	valorem tax determinations.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 41.45, Tax Code, is amended by amending
11	11	Subsections (h) and (o) and adding Subsection (p) to read as
12	12	follows:
13	13	(h) Before the hearing on a protest or immediately after the
14	14	hearing begins, the chief appraiser and the property owner or the
15	15	owner's agent shall each provide the other with a copy of any
16	16	written material or material preserved on a [any] portable device
17	17	designed to maintain a [an electronic, magnetic, or digital]
18	18	reproduction of a document or image that the person intends to offer
19	19	or submit to the appraisal review board at the hearing. Each person
20	20	must provide the copy of material in the manner and form prescribed
21	21	by comptroller rule.
22	22	(o) If the chief appraiser uses audiovisual equipment at a
23	23	hearing on a protest, the appraisal office shall provide
24	24	audiovisual equipment of the same general type, kind, and
25	25	character, as prescribed by comptroller rule, for use during the
26	26	hearing by the property owner or the property owner's agent.
27	27	(p) The comptroller by rule shall prescribe:
28	28	(1) the manner and form, including security
29	29	requirements, in which a person must provide a copy of material
30	30	under Subsection (h), which must allow the appraisal review board
31	31	to retain the material as part of the board's hearing record; and
32	32	(2) specifications for the audiovisual equipment
33	33	provided by an appraisal district for use by a property owner or the
34	34	property owner's agent under Subsection (o).
35	35	SECTION 2. Section 41A.061(c), Tax Code, is amended to read
36	36	as follows:
37	37	(c) The comptroller shall remove a person from the registry
38	38	if:
39	39	(1) the person fails or declines to renew the person's
40	40	agreement to serve as an arbitrator in the manner required by this
41	41	section; or
42	42	(2) the comptroller determines by clear and convincing
43	43	evidence that there is good cause to remove the person from the
44	44	registry, including evidence of repeated bias or misconduct by the
45	45	person while acting as an arbitrator.
46	46	SECTION 3. Section 41A.07, Tax Code, is amended by amending
47	47	Subsection (a) and adding Subsections (e), (f), and (g) to read as
48	48	follows:
49	49	(a) On receipt of the request and deposit under Section
50	50	41A.05, the comptroller shall:
51	51	(1) appoint an eligible arbitrator who is listed in
52	52	the comptroller's registry; and
53	53	(2) send notice to the appointed arbitrator requesting
54	54	the individual to conduct the hearing on the arbitration [send the
55	55	property owner and the appraisal district a copy of the
56	56	comptroller's registry of qualified arbitrators and request that
57	57	the parties select an arbitrator from the registry. The
58	58	comptroller may send a copy of the registry to the parties by
59	59	regular mail in paper form or may send the parties written notice of
60	60	the Internet address of a website at which the registry is
61	61	maintained and may be accessed. The parties shall attempt to select
62	62	an arbitrator from the registry].
63	63	(e) To be eligible for appointment as an arbitrator under
64	64	Subsection (a), the arbitrator must reside:
65	65	(1) in the county in which the property that is the
66	66	subject of the appeal is located; or
67	67	(2) in this state if no available arbitrator on the
68	68	registry resides in that county.
69	69	(f) A person is not eligible for appointment as an
70	70	arbitrator under Subsection (a) if at any time during the preceding
71	71	five years, the person has:
72	72	(1) represented a person for compensation in a
73	73	proceeding under this title in the appraisal district in which the
74	74	property that is the subject of the appeal is located;
75	75	(2) served as an officer or employee of that appraisal
76	76	district; or
77	77	(3) served as a member of the appraisal review board
78	78	for that appraisal district.
79	79	(g) The comptroller may not appoint an arbitrator under
80	80	Subsection (a) if the comptroller determines that there is good
81	81	cause not to appoint the arbitrator, including information or
82	82	evidence indicating repeated bias or misconduct by the person while
83	83	acting as an arbitrator.
84	84	SECTION 4. Sections 41A.07(b) and (c), Tax Code, are
85	85	repealed.
86	86	SECTION 5. The comptroller shall adopt rules as provided by
87	87	Section 41.45(p), Tax Code, as added by this Act, not later than
88	88	January 1, 2018.
89	89	SECTION 6. The changes in law made by this Act to Section
90	90	41.45, Tax Code, apply only to a protest for which the notice of
91	91	protest was filed by a property owner with the appraisal review
92	92	board established for an appraisal district on or after January 1,
93	93	2018.
94	94	SECTION 7. The changes in law made by this Act to Section
95	95	41A.07, Tax Code, apply only to a request for binding arbitration
96	96	received by the comptroller from an appraisal district on or after
97	97	the effective date of this Act.
98	98	SECTION 8. This Act takes effect September 1, 2017.