H.B. No. 2179
AN ACT
relating to the grounds for imposing certain sanctions on certain
persons for engaging in certain conduct in connection with the
appointment of members of or the functions of appraisal review
boards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 6.41(f) and (i), Tax Code, are amended
to read as follows:
(f) A member of the board may be removed from the board by a
majority vote of the appraisal district board of directors, or by
the local administrative district judge or the judge's designee, as
applicable, that appointed the member. Grounds for removal are:
(1) a violation of Section 6.412, 6.413, 41.66(f), or
41.69;
(2) good cause relating to the attendance of members
at called meetings of the board as established by written policy
adopted by a majority of the appraisal district board of directors;
or
(3) [clear and convincing] evidence of repeated bias
or misconduct.
(i) This subsection applies only to an appraisal district
described by Subsection (d-1). A chief appraiser or another
employee or agent of the appraisal district, a member of the
appraisal review board for the appraisal district, a member of the
board of directors of the appraisal district, a property tax
consultant, or an agent of a property owner commits an offense if
the person communicates with the local administrative district
judge regarding the appointment of appraisal review board members.
This subsection does not apply to:
(1) a communication between a member of the appraisal
review board and the local administrative district judge regarding
the member's reappointment to the board;
(2) a communication between the taxpayer liaison
officer for the appraisal district and the local administrative
district judge in the course of the performance of the officer's
clerical duties so long as the officer does not offer an opinion or
comment regarding the appointment of appraisal review board
members;
(3) a communication between a chief appraiser or
another employee or agent of the appraisal district, a member of the
appraisal review board for the appraisal district, or a member of
the board of directors of the appraisal district and the local
administrative district judge regarding information relating to or
described by Subsection (d-1), (d-5), or (f) of this section or
Section 411.1296, Government Code; [or]
(4) a communication between a property tax consultant
or a property owner or an agent of the property owner and the
taxpayer liaison officer for the appraisal district regarding
information relating to or described by Subsection (f). The
taxpayer liaison officer for the appraisal district shall report
the contents of the communication relating to or described by
Subsection (f) to the local administrative district judge; or
(5) a communication between a property tax consultant
or a property owner or an agent of the property owner and the local
administrative district judge regarding information relating to or
described by Subsection (f).
SECTION 2. (a) Section 6.41(f), Tax Code, as amended by this
Act, applies only to a proceeding to remove an appraisal review
board member that begins on or after the effective date of this Act.
A proceeding to remove an appraisal review board member that began
before the effective date of this Act is governed by that subsection
as it existed on the date the proceeding to remove the board member
began, and the former law is continued in effect for that purpose.
(b) The change in law made by this Act to Section 6.41(i),
Tax Code, applies only to an offense committed under that
subsection before, on, or after the effective date of this Act,
except that a final conviction for an offense committed under that
subsection before the effective date of this Act is unaffected by
this Act.
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 September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2179 was passed by the House on April
2, 2019, by the following vote: Yeas 146, Nays 1, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2179 was passed by the Senate on May
22, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor