| 1 | 1 | | 85S11232 CJC-F |
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| 2 | 2 | | By: Lucio III H.B. No. 364 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the abatement of discovery during pretrial settlement |
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| 8 | 8 | | discussions in certain ad valorem tax appeals. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 42.227, Tax Code, is amended by amending |
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| 11 | 11 | | Subsection (a) and adding Subsections (f) and (g) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (a) A property owner or appraisal district that is a party |
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| 14 | 14 | | to an appeal under this chapter may request that the parties engage |
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| 15 | 15 | | in settlement discussions, including through an informal |
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| 16 | 16 | | settlement conference or a form of alternative dispute resolution. |
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| 17 | 17 | | The request must be in writing and delivered to the other party |
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| 18 | 18 | | before the date of trial. The court on motion of either party shall |
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| 19 | 19 | | enter orders necessary to implement this section, including an |
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| 20 | 20 | | order: |
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| 21 | 21 | | (1) specifying the form that the settlement |
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| 22 | 22 | | discussions must take; [or] |
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| 23 | 23 | | (2) changing a deadline to designate experts |
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| 24 | 24 | | prescribed by Subsection (c); or |
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| 25 | 25 | | (3) abating discovery during the period prescribed by |
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| 26 | 26 | | this section for conducting settlement discussions as provided by |
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| 27 | 27 | | Subsection (f). |
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| 28 | 28 | | (f) Either party to an appeal under this chapter may file a |
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| 29 | 29 | | motion with the court requesting that the court abate discovery |
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| 30 | 30 | | during the period prescribed by this section for conducting |
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| 31 | 31 | | settlement discussions. The court shall grant the motion unless |
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| 32 | 32 | | the nonmoving party shows good cause to deny the motion. |
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| 33 | 33 | | (g) The procedures provided by this section are necessary |
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| 34 | 34 | | for a fair adjudication of an appeal under this chapter. The court |
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| 35 | 35 | | shall grant a continuance to provide a party to the appeal the |
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| 36 | 36 | | opportunity to comply with the procedures of this section. |
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| 37 | 37 | | SECTION 2. The changes in law made by this Act apply only to |
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| 38 | 38 | | an appeal filed under Chapter 42, Tax Code, on or after the |
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| 39 | 39 | | effective date of this Act. An appeal filed under Chapter 42, Tax |
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| 40 | 40 | | Code, before the effective date of this Act is governed by the law |
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| 41 | 41 | | applicable to the appeal immediately before the effective date of |
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| 42 | 42 | | this Act, and the former law is continued in effect for that |
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| 43 | 43 | | purpose. |
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| 44 | 44 | | SECTION 3. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect December 1, 2017. |
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