| 4 | 10 | | AN ACT |
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| 5 | 11 | | relating to the grounds for imposing certain sanctions on certain |
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| 6 | 12 | | persons for engaging in certain conduct in connection with the |
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| 7 | 13 | | appointment of members of or the functions of appraisal review |
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| 8 | 14 | | boards. |
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| 9 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 16 | | SECTION 1. Sections 6.41(f) and (i), Tax Code, are amended |
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| 11 | 17 | | to read as follows: |
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| 12 | 18 | | (f) A member of the board may be removed from the board by a |
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| 13 | 19 | | majority vote of the appraisal district board of directors, or by |
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| 14 | 20 | | the local administrative district judge or the judge's designee, as |
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| 15 | 21 | | applicable, that appointed the member. Grounds for removal are: |
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| 16 | 22 | | (1) a violation of Section 6.412, 6.413, 41.66(f), or |
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| 17 | 23 | | 41.69; |
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| 18 | 24 | | (2) good cause relating to the attendance of members |
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| 19 | 25 | | at called meetings of the board as established by written policy |
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| 20 | 26 | | adopted by a majority of the appraisal district board of directors; |
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| 21 | 27 | | or |
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| 22 | 28 | | (3) [clear and convincing] evidence of repeated bias |
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| 23 | 29 | | or misconduct. |
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| 24 | 30 | | (i) This subsection applies only to an appraisal district |
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| 25 | 31 | | described by Subsection (d-1). A chief appraiser or another |
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| 26 | 32 | | employee or agent of the appraisal district, a member of the |
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| 27 | 33 | | appraisal review board for the appraisal district, a member of the |
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| 28 | 34 | | board of directors of the appraisal district, a property tax |
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| 29 | 35 | | consultant, or an agent of a property owner commits an offense if |
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| 30 | 36 | | the person communicates with the local administrative district |
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| 31 | 37 | | judge regarding the appointment of appraisal review board members. |
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| 32 | 38 | | This subsection does not apply to: |
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| 33 | 39 | | (1) a communication between a member of the appraisal |
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| 34 | 40 | | review board and the local administrative district judge regarding |
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| 35 | 41 | | the member's reappointment to the board; |
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| 36 | 42 | | (2) a communication between the taxpayer liaison |
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| 37 | 43 | | officer for the appraisal district and the local administrative |
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| 38 | 44 | | district judge in the course of the performance of the officer's |
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| 39 | 45 | | clerical duties so long as the officer does not offer an opinion or |
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| 40 | 46 | | comment regarding the appointment of appraisal review board |
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| 41 | 47 | | members; |
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| 42 | 48 | | (3) a communication between a chief appraiser or |
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| 43 | 49 | | another employee or agent of the appraisal district, a member of the |
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| 44 | 50 | | appraisal review board for the appraisal district, or a member of |
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| 45 | 51 | | the board of directors of the appraisal district and the local |
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| 46 | 52 | | administrative district judge regarding information relating to or |
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| 47 | 53 | | described by Subsection (d-1), (d-5), or (f) of this section or |
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| 48 | 54 | | Section 411.1296, Government Code; [or] |
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| 49 | 55 | | (4) a communication between a property tax consultant |
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| 50 | 56 | | or a property owner or an agent of the property owner and the |
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| 51 | 57 | | taxpayer liaison officer for the appraisal district regarding |
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| 52 | 58 | | information relating to or described by Subsection (f). The |
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| 53 | 59 | | taxpayer liaison officer for the appraisal district shall report |
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| 54 | 60 | | the contents of the communication relating to or described by |
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| 55 | 61 | | Subsection (f) to the local administrative district judge; or |
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| 56 | 62 | | (5) a communication between a property tax consultant |
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| 57 | 63 | | or a property owner or an agent of the property owner and the local |
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| 58 | 64 | | administrative district judge regarding information relating to or |
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| 59 | 65 | | described by Subsection (f). |
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| 60 | 66 | | SECTION 2. (a) Section 6.41(f), Tax Code, as amended by this |
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| 61 | 67 | | Act, applies only to a proceeding to remove an appraisal review |
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| 62 | 68 | | board member that begins on or after the effective date of this Act. |
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| 63 | 69 | | A proceeding to remove an appraisal review board member that began |
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| 64 | 70 | | before the effective date of this Act is governed by that subsection |
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| 65 | 71 | | as it existed on the date the proceeding to remove the board member |
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| 66 | 72 | | began, and the former law is continued in effect for that purpose. |
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| 67 | 73 | | (b) The change in law made by this Act to Section 6.41(i), |
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| 68 | 74 | | Tax Code, applies only to an offense committed under that |
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| 69 | 75 | | subsection before, on, or after the effective date of this Act, |
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| 70 | 76 | | except that a final conviction for an offense committed under that |
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| 71 | 77 | | subsection before the effective date of this Act is unaffected by |
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| 72 | 78 | | this Act. |
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| 73 | 79 | | SECTION 3. This Act takes effect immediately if it receives |
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| 74 | 80 | | a vote of two-thirds of all the members elected to each house, as |
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| 75 | 81 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 76 | 82 | | Act does not receive the vote necessary for immediate effect, this |
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| 77 | 83 | | Act takes effect September 1, 2019. |
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