Texas 2017 - 85th Regular

Texas Senate Bill SB1286 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Bettencourt S.B. No. 1286
2		-	(Murphy)
	1	+	S.B. No. 1286
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the system for protesting or appealing certain ad
8	6		valorem tax determinations.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Section 41.45, Tax Code, is amended by amending
11	9		Subsections (h) and (o) and adding Subsection (p) to read as
12	10		follows:
13	11		(h) Before the hearing on a protest or immediately after the
14	12		hearing begins, the chief appraiser and the property owner or the
15	13		owner's agent shall each provide the other with a copy of any
16	14		written material or material preserved on a [any] portable device
17	15		designed to maintain a [an electronic, magnetic, or digital]
18	16		reproduction of a document or image that the person intends to offer
19	17		or submit to the appraisal review board at the hearing. Each person
20	18		must provide the copy of material in the manner and form prescribed
21	19		by comptroller rule.
22	20		(o) If the chief appraiser uses audiovisual equipment at a
23	21		hearing on a protest, the appraisal office shall provide
24	22		audiovisual equipment of the same general type, kind, and
25	23		character, as prescribed by comptroller rule, for use during the
26	24		hearing by the property owner or the property owner's agent.
27	25		(p) The comptroller by rule shall prescribe:
28	26		(1) the manner and form, including security
29	27		requirements, in which a person must provide a copy of material
30	28		under Subsection (h), which must allow the appraisal review board
31	29		to retain the material as part of the board's hearing record; and
32	30		(2) specifications for the audiovisual equipment
33	31		provided by an appraisal district for use by a property owner or the
34	32		property owner's agent under Subsection (o).
35	33		SECTION 2. Section 41A.061(c), Tax Code, is amended to read
36	34		as follows:
37	35		(c) The comptroller shall remove a person from the registry
38	36		if:
39	37		(1) the person fails or declines to renew the person's
40	38		agreement to serve as an arbitrator in the manner required by this
41	39		section; or
42	40		(2) the comptroller determines by clear and convincing
43	41		evidence that there is good cause to remove the person from the
44	42		registry, including evidence of repeated bias or misconduct by the
45	43		person while acting as an arbitrator.
46	44		SECTION 3. Section 41A.07, Tax Code, is amended by amending
47	45		Subsection (a) and adding Subsections (e), (f), and (g) to read as
48	46		follows:
49	47		(a) On receipt of the request and deposit under Section
50	48		41A.05, the comptroller shall:
51	49		(1) appoint an eligible arbitrator who is listed in
52	50		the comptroller's registry; and
53	51		(2) send notice to the appointed arbitrator requesting
54	52		the individual to conduct the hearing on the arbitration [send the
55	53		property owner and the appraisal district a copy of the
56	54		comptroller's registry of qualified arbitrators and request that
57	55		the parties select an arbitrator from the registry. The
58	56		comptroller may send a copy of the registry to the parties by
59	57		regular mail in paper form or may send the parties written notice of
60	58		the Internet address of a website at which the registry is
61	59		maintained and may be accessed. The parties shall attempt to select
62	60		an arbitrator from the registry].
63	61		(e) To be eligible for appointment as an arbitrator under
64	62		Subsection (a), the arbitrator must reside:
65	63		(1) in the county in which the property that is the
66	64		subject of the appeal is located; or
67	65		(2) in this state if no available arbitrator on the
68	66		registry resides in that county.
69	67		(f) A person is not eligible for appointment as an
70	68		arbitrator under Subsection (a) if at any time during the preceding
71	69		five years, the person has:
72	70		(1) represented a person for compensation in a
73	71		proceeding under this title in the appraisal district in which the
74	72		property that is the subject of the appeal is located;
75	73		(2) served as an officer or employee of that appraisal
76	74		district; or
77	75		(3) served as a member of the appraisal review board
78	76		for that appraisal district.
79	77		(g) The comptroller may not appoint an arbitrator under
80	78		Subsection (a) if the comptroller determines that there is good
81	79		cause not to appoint the arbitrator, including information or
82	80		evidence indicating repeated bias or misconduct by the person while
83	81		acting as an arbitrator.
84	82		SECTION 4. Sections 41A.07(b) and (c), Tax Code, are
85	83		repealed.
86	84		SECTION 5. The comptroller shall adopt rules as provided by
87	85		Section 41.45(p), Tax Code, as added by this Act, not later than
88	86		January 1, 2018.
89	87		SECTION 6. The changes in law made by this Act to Section
90	88		41.45, Tax Code, apply only to a protest for which the notice of
91	89		protest was filed by a property owner with the appraisal review
92	90		board established for an appraisal district on or after January 1,
93	91		2018.
94	92		SECTION 7. The changes in law made by this Act to Section
95	93		41A.07, Tax Code, apply only to a request for binding arbitration
96	94		received by the comptroller from an appraisal district on or after
97	95		the effective date of this Act.
98	96		SECTION 8. This Act takes effect September 1, 2017.
	97	+	______________________________ ______________________________
	98	+	President of the Senate Speaker of the House
	99	+	I hereby certify that S.B. No. 1286 passed the Senate on
	100	+	April 19, 2017, by the following vote: Yeas 31, Nays 0.
	101	+	______________________________
	102	+	Secretary of the Senate
	103	+	I hereby certify that S.B. No. 1286 passed the House on
	104	+	May 24, 2017, by the following vote: Yeas 146, Nays 0, two
	105	+	present not voting.
	106	+	______________________________
	107	+	Chief Clerk of the House
	108	+	Approved:
	109	+	______________________________
	110	+	Date
	111	+	______________________________
	112	+	Governor