Texas 2021 - 87th Regular

Texas House Bill HB2941 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2941
	1	+	By: Burns (Senate Sponsor - Springer) H.B. No. 2941
	2	+	(In the Senate - Received from the House April 19, 2021;
	3	+	April 19, 2021, read first time and referred to Committee on Local
	4	+	Government; May 11, 2021, reported favorably by the following
	5	+	vote: Yeas 9, Nays 0; May 11, 2021, 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 the appointment of appraisal review board members.
6	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	13		SECTION 1. Section 6.052(f), Tax Code, is amended to read as
8	14		follows:
9	15		(f) The taxpayer liaison officer [for an appraisal district
10	16		described by Section 6.41(d-1)] is responsible for providing
11	17		clerical assistance to the local administrative district judge in
12	18		the selection of appraisal review board members. The officer shall
13	19		deliver to the local administrative district judge any applications
14	20		to serve on the board that are submitted to the officer and shall
15	21		perform other duties as requested by the local administrative
16	22		district judge. The officer may not influence the process for
17	23		selecting appraisal review board members.
18	24		SECTION 2. Sections 6.41(d), (d-1), (d-2), (d-3), (e), (f),
19	25		(g), (i), and (j), Tax Code, are amended to read as follows:
20	26		(d) Members [Except as provided by Subsection (d-1),
21	27		members] of the board are appointed by the local administrative
22	28		district judge under Subchapter D, Chapter 74, Government Code, in
23	29		the county in which the appraisal district is established
24	30		[resolution of a majority of the appraisal district board of
25	31		directors]. A vacancy on the board is filled in the same manner for
26	32		the unexpired portion of the term.
27	33		(d-1) [In a county with a population of 120,000 or more the
28	34		members of the board are appointed by the local administrative
29	35		district judge under Subchapter D, Chapter 74, Government Code, in
30	36		the county in which the appraisal district is established.] All
31	37		applications submitted to the appraisal district or to the
32	38		appraisal review board from persons seeking appointment as a member
33	39		of the appraisal review board shall be delivered to the local
34	40		administrative district judge. The appraisal district may provide
35	41		the local administrative district judge with information regarding
36	42		whether an applicant for appointment to or a member of the board
37	43		owes any delinquent ad valorem taxes to a taxing unit participating
38	44		in the appraisal district.
39	45		(d-2) A local administrative district judge [making
40	46		appointments under Subsection (d-1)] may make [such] appointments
41	47		to the board directly or may, by written order, appoint from three
42	48		to five persons to perform the duties of appraisal review board
43	49		commissioner. If the local administrative district judge chooses
44	50		to appoint appraisal review board commissioners, each commissioner
45	51		shall possess the same qualifications as those required of an
46	52		appraisal review board member.
47	53		(d-3) The local administrative judge [making appointments
48	54		under Subsection (d-1)] shall cause the proper officer to notify
49	55		[such] appointees to the board of their [such] appointment, and
50	56		when and where they are to appear.
51	57		(e) Members of the board hold office for terms of two years
52	58		beginning January 1. The appraisal district board of directors by
53	59		resolution shall provide for staggered terms, so that the terms of
54	60		as close to one-half of the members as possible expire each year.
55	61		In making the initial or subsequent appointments, [the board of
56	62		directors or] the local administrative district judge or the
57	63		judge's designee shall designate those members who serve terms of
58	64		one year as needed to comply with this subsection.
59	65		(f) A member of the board may be removed from the board [by a
60	66		majority vote of the appraisal district board of directors, or] by
61	67		the local administrative district judge or the judge's designee[,
62	68		as applicable, that appointed the member]. Grounds for removal are:
63	69		(1) a violation of Section 6.412, 6.413, 41.66(f), or
64	70		41.69;
65	71		(2) good cause relating to the attendance of members
66	72		at called meetings of the board as established by written policy
67	73		adopted by a majority of the appraisal district board of directors;
68	74		or
69	75		(3) evidence of repeated bias or misconduct.
70	76		(g) Subsection (a) does not preclude the boards of directors
71	77		of two or more adjoining appraisal districts from providing for the
72	78		operation of a consolidated appraisal review board by interlocal
73	79		contract. Members of a consolidated appraisal review board are
74	80		appointed jointly by the local administrative district judges in
75	81		the counties in which the appraisal districts that are parties to
76	82		the contract are established.
77	83		(i) [This subsection applies only to an appraisal district
78	84		described by Subsection (d-1).] A chief appraiser or another
79	85		employee or agent of the appraisal district, a member of the
80	86		appraisal review board for the appraisal district, a member of the
81	87		board of directors of the appraisal district, a property tax
82	88		consultant, or an agent of a property owner commits an offense if
83	89		the person communicates with the local administrative district
84	90		judge regarding the appointment of appraisal review board members.
85	91		This subsection does not apply to:
86	92		(1) a communication between a member of the appraisal
87	93		review board and the local administrative district judge regarding
88	94		the member's reappointment to the board;
89	95		(2) a communication between the taxpayer liaison
90	96		officer for the appraisal district and the local administrative
91	97		district judge in the course of the performance of the officer's
92	98		clerical duties so long as the officer does not offer an opinion or
93	99		comment regarding the appointment of appraisal review board
94	100		members;
95	101		(3) a communication between a chief appraiser or
96	102		another employee or agent of the appraisal district, a member of the
97	103		appraisal review board for the appraisal district, or a member of
98	104		the board of directors of the appraisal district and the local
99	105		administrative district judge regarding information relating to or
100	106		described by Subsection (d-1), (d-5), or (f) of this section or
101	107		Section 411.1296, Government Code;
102	108		(4) a communication between a property tax consultant
103	109		or a property owner or an agent of the property owner and the
104	110		taxpayer liaison officer for the appraisal district regarding
105	111		information relating to or described by Subsection (f). The
106	112		taxpayer liaison officer for the appraisal district shall report
107	113		the contents of the communication relating to or described by
108	114		Subsection (f) to the local administrative district judge; or
109	115		(5) a communication between a property tax consultant
110	116		or a property owner or an agent of the property owner and the local
111	117		administrative district judge regarding information relating to or
112	118		described by Subsection (f).
113	119		(j) A chief appraiser or another employee or agent of an
114	120		appraisal district commits an offense if the person communicates
115	121		with a member of the appraisal review board for the appraisal
116	122		district, a member of the board of directors of the appraisal
117	123		district, or[, if the appraisal district is an appraisal district
118	124		described by Subsection (d-1),] the local administrative district
119	125		judge regarding a ranking, scoring, or reporting of the percentage
120	126		by which the appraisal review board or a panel of the board reduces
121	127		the appraised value of property.
122	128		SECTION 3. Section 6.412(d), Tax Code, is amended to read as
123	129		follows:
124	130		(d) A person is ineligible to serve on the appraisal review
125	131		board of an appraisal district established for a county with a
126	132		population of 120,000 or more [described by Section 6.41(d-1)] if
127	133		the person:
128	134		(1) is a former member of the board of directors,
129	135		former officer, or former employee of the appraisal district;
130	136		(2) served as a member of the governing body or officer
131	137		of a taxing unit for which the appraisal district appraises
132	138		property, until the fourth anniversary of the date the person
133	139		ceased to be a member or officer;
134	140		(3) appeared before the appraisal review board for
135	141		compensation during the two-year period preceding the date the
136	142		person is appointed; or
137	143		(4) served for all or part of three previous terms as a
138	144		board member or auxiliary board member on the appraisal review
139	145		board.
140	146		SECTION 4. Section 411.1296(c), Government Code, is amended
141	147		to read as follows:
142	148		(c) The [If the members of the appraisal review board of an
143	149		appraisal district are appointed by the local administrative
144	150		district judge, the] appraisal district may provide criminal
145	151		history record information obtained under this section to the local
146	152		administrative district judge or to the appraisal review board
147	153		commissioners appointed by the local administrative district
148	154		judge.
149	155		SECTION 5. The changes made to Section 6.41, Tax Code, as
150	156		amended by this Act, apply only to the appointment of appraisal
151	157		review board members to terms beginning on or after January 1, 2022.
152	158		This Act does not affect the term of an appraisal review board
153	159		member serving on December 31, 2021, if the member was appointed
154	160		before that date to a term that began before December 31, 2021, and
155	161		expires December 31, 2022.
156	162		SECTION 6. This Act takes effect immediately if it receives
157	163		a vote of two-thirds of all the members elected to each house, as
158	164		provided by Section 39, Article III, Texas Constitution. If this
159	165		Act does not receive the vote necessary for immediate effect, this
160	166		Act takes effect September 1, 2021.
161		-	______________________________ ______________________________
162		-	President of the Senate Speaker of the House
163		-	I certify that H.B. No. 2941 was passed by the House on April
164		-	15, 2021, by the following vote: Yeas 141, Nays 5, 1 present, not
165		-	voting.
166		-	______________________________
167		-	Chief Clerk of the House
168		-	I certify that H.B. No. 2941 was passed by the Senate on May
169		-	19, 2021, by the following vote: Yeas 31, Nays 0.
170		-	______________________________
171		-	Secretary of the Senate
172		-	APPROVED: _____________________
173		-	Date
174		-	_____________________
175		-	Governor
	167	+	* * * * *