Texas 2019 - 86th Regular

Texas House Bill HB1802 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1802
	1	+	By: Bohac (Senate Sponsor - Hancock) H.B. No. 1802
	2	+	(In the Senate - Received from the House April 16, 2019;
	3	+	April 17, 2019, read first time and referred to Committee on
	4	+	Property Tax; April 30, 2019, reported favorably by the following
	5	+	vote: Yeas 5, Nays 0; April 30, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to a request for binding arbitration of certain appraisal
6	12		review board orders.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 41A.03(a), Tax Code, is amended to read
9	15		as follows:
10	16		(a) To appeal an appraisal review board order under this
11	17		chapter, a property owner must file with the appraisal district not
12	18		later than the 60th [45th] day after the date the property owner
13	19		receives notice of the order:
14	20		(1) a completed request for binding arbitration under
15	21		this chapter in the form prescribed by Section 41A.04; and
16	22		(2) an arbitration deposit made payable to the
17	23		comptroller in the amount of:
18	24		(A) $450, if the property qualifies as the
19	25		owner's residence homestead under Section 11.13 and the appraised
20	26		or market value, as applicable, of the property is $500,000 or less,
21	27		as determined by the order;
22	28		(B) $500, if the property qualifies as the
23	29		owner's residence homestead under Section 11.13 and the appraised
24	30		or market value, as applicable, of the property is more than
25	31		$500,000, as determined by the order;
26	32		(C) $500, if the property does not qualify as the
27	33		owner's residence homestead under Section 11.13 and the appraised
28	34		or market value, as applicable, of the property is $1 million or
29	35		less, as determined by the order;
30	36		(D) $800, if the property does not qualify as the
31	37		owner's residence homestead under Section 11.13 and the appraised
32	38		or market value, as applicable, of the property is more than $1
33	39		million but not more than $2 million, as determined by the order;
34	40		(E) $1,050, if the property does not qualify as
35	41		the owner's residence homestead under Section 11.13 and the
36	42		appraised or market value, as applicable, of the property is more
37	43		than $2 million but not more than $3 million, as determined by the
38	44		order; or
39	45		(F) $1,550, if the property does not qualify as
40	46		the owner's residence homestead under Section 11.13 and the
41	47		appraised or market value, as applicable, of the property is more
42	48		than $3 million but not more than $5 million, as determined by the
43	49		order.
44	50		SECTION 2. (a) Section 41A.05, Tax Code, is amended by
45	51		amending Subsection (a) and adding Subsections (c), (d), and (e) to
46	52		read as follows:
47	53		(a) Not later than the 10th day after the date an appraisal
48	54		district receives from a property owner a completed request for
49	55		binding arbitration under this chapter and an arbitration deposit
50	56		as required by Section 41A.03, the appraisal district shall:
51	57		(1) [certify the request;
52	58		[(2)] submit the request and deposit to the
53	59		comptroller; and
54	60		(2) [(3)] request the comptroller to appoint a
55	61		qualified arbitrator to conduct the arbitration.
56	62		(c) The comptroller may not reject an application submitted
57	63		to the comptroller under this section unless:
58	64		(1) the comptroller delivers written notice to the
59	65		applicant of the defect in the application that would be the cause
60	66		of the rejection; and
61	67		(2) the applicant fails to cure the defect on or before
62	68		the 15th day after the date the comptroller delivers the notice.
63	69		(d) An applicant may cure a defect in accordance with
64	70		Subsection (c) at any time before the expiration of the period
65	71		provided by that subsection, without regard to the deadline for
66	72		filing the request for binding arbitration under Section 41A.03(a).
67	73		(e) For purposes of this section, a reference to the
68	74		applicant includes the applicant's representative if the applicant
69	75		has retained a representative as provided by Section 41A.08 for
70	76		purposes of representing the applicant in an arbitration proceeding
71	77		under this chapter.
72	78		(b) Section 41A.05, Tax Code, as amended by this section,
73	79		applies only to a request for binding arbitration received by the
74	80		comptroller of public accounts from an appraisal district on or
75	81		after the effective date of this Act.
76	82		SECTION 3. This Act applies only to an appeal of an
77	83		appraisal review board order that a property owner receives notice
78	84		of on or after the effective date of this Act. An appeal of an
79	85		appraisal review board order that a property owner receives notice
80	86		of before the effective date of this Act is governed by the law in
81	87		effect immediately before the effective date of this Act, and that
82	88		law is continued in effect for that purpose.
83	89		SECTION 4. This Act takes effect immediately if it receives
84	90		a vote of two-thirds of all the members elected to each house, as
85	91		provided by Section 39, Article III, Texas Constitution. If this
86	92		Act does not receive the vote necessary for immediate effect, this
87	93		Act takes effect September 1, 2019.
88		-	______________________________ ______________________________
89		-	President of the Senate Speaker of the House
90		-	I certify that H.B. No. 1802 was passed by the House on April
91		-	16, 2019, by the following vote: Yeas 137, Nays 0, 1 present, not
92		-	voting.
93		-	______________________________
94		-	Chief Clerk of the House
95		-	I certify that H.B. No. 1802 was passed by the Senate on May
96		-	2, 2019, by the following vote: Yeas 31, Nays 0.
97		-	______________________________
98		-	Secretary of the Senate
99		-	APPROVED: _____________________
100		-	Date
101		-	_____________________
102		-	Governor
	94	+	* * * * *