85S11232 CJC-F
By: Lucio III H.B. No. 364
A BILL TO BE ENTITLED
AN ACT
relating to the abatement of discovery during pretrial settlement
discussions in certain ad valorem tax appeals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.227, Tax Code, is amended by amending
Subsection (a) and adding Subsections (f) and (g) to read as
follows:
(a) A property owner or appraisal district that is a party
to an appeal under this chapter may request that the parties engage
in settlement discussions, including through an informal
settlement conference or a form of alternative dispute resolution.
The request must be in writing and delivered to the other party
before the date of trial. The court on motion of either party shall
enter orders necessary to implement this section, including an
order:
(1) specifying the form that the settlement
discussions must take; [or]
(2) changing a deadline to designate experts
prescribed by Subsection (c); or
(3) abating discovery during the period prescribed by
this section for conducting settlement discussions as provided by
Subsection (f).
(f) Either party to an appeal under this chapter may file a
motion with the court requesting that the court abate discovery
during the period prescribed by this section for conducting
settlement discussions. The court shall grant the motion unless
the nonmoving party shows good cause to deny the motion.
(g) The procedures provided by this section are necessary
for a fair adjudication of an appeal under this chapter. The court
shall grant a continuance to provide a party to the appeal the
opportunity to comply with the procedures of this section.
SECTION 2. The changes in law made by this Act apply only to
an appeal filed under Chapter 42, Tax Code, on or after the
effective date of this Act. An appeal filed under Chapter 42, Tax
Code, before the effective date of this Act is governed by the law
applicable to the appeal immediately before the effective date of
this Act, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect December 1, 2017.