Texas 2023 - 88th Regular

Texas House Bill HB2253 Compare Versions

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1	1	88R1311 DRS-D
2	2	By: Metcalf H.B. No. 2253
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the selection of the chief appraiser of an appraisal
8	8	district in certain counties; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1.15, Tax Code, is amended to read as
11	11	follows:
12	12	Sec. 1.15. APPRAISERS FOR TAXING UNITS PROHIBITED. (a)
13	13	Except as provided by Subsection (b), a [A] taxing unit may not
14	14	employ any person for the purpose of appraising property for
15	15	taxation purposes.
16	16	(b) A taxing unit that participates in an appraisal district
17	17	established in a county other than a county to which Section 6.0502
18	18	applies may employ a person for the purpose described by Subsection
19	19	(a) of this section [except] to the extent necessary to perform a
20	20	contract under Section 6.05(b) [of this code].
21	21	SECTION 2. Sections 6.035(a), (b), and (d), Tax Code, are
22	22	amended to read as follows:
23	23	(a) An individual is ineligible to serve on an appraisal
24	24	district board of directors and is disqualified from service or
25	25	employment as chief appraiser if the individual:
26	26	(1) is related within the second degree by
27	27	consanguinity or affinity, as determined under Chapter 573,
28	28	Government Code, to an individual who is engaged in the business of
29	29	appraising property for compensation for use in proceedings under
30	30	this title or of representing property owners for compensation in
31	31	proceedings under this title in the appraisal district; or
32	32	(2) owns property on which delinquent taxes have been
33	33	owed to a taxing unit for more than 60 days after the date the
34	34	individual knew or should have known of the delinquency unless:
35	35	(A) the delinquent taxes and any penalties and
36	36	interest are being paid under an installment payment agreement
37	37	under Section 33.02; or
38	38	(B) a suit to collect the delinquent taxes is
39	39	deferred or abated under Section 33.06 or 33.065.
40	40	(b) A member of an appraisal district board of directors or
41	41	a chief appraiser commits an offense if the board member or chief
42	42	appraiser continues to hold office or [the chief appraiser] remains
43	43	employed knowing that an individual related within the second
44	44	degree by consanguinity or affinity, as determined under Chapter
45	45	573, Government Code, to the board member or chief appraiser is
46	46	engaged in the business of appraising property for compensation for
47	47	use in proceedings under this title or of representing property
48	48	owners for compensation in proceedings under this title in the same
49	49	appraisal district in which the board member or chief appraiser
50	50	serves or [the chief appraiser] is employed. An offense under this
51	51	subsection is a Class B misdemeanor.
52	52	(d) An appraisal performed by a chief appraiser in a private
53	53	capacity or by an individual related within the second degree by
54	54	consanguinity or affinity, as determined under Chapter 573,
55	55	Government Code, to the chief appraiser may not be used as evidence
56	56	in a protest or challenge under Chapter 41 or an appeal under
57	57	Chapter 42 concerning property that is taxable in the same
58	58	appraisal district in which the chief appraiser serves or is
59	59	employed.
60	60	SECTION 3. Subchapter A, Chapter 6, Tax Code, is amended by
61	61	adding Sections 6.0502 and 6.0503 to read as follows:
62	62	Sec. 6.0502. ADMINISTRATION OF APPRAISAL OFFICE IN CERTAIN
63	63	COUNTIES BY ELECTED CHIEF APPRAISER. (a) This section applies only
64	64	to a county that:
65	65	(1) has a population of more than 400,000; and
66	66	(2) is adjacent to a county with a population of more
67	67	than 3.3 million and no other counties with a population of more
68	68	than 300,000.
69	69	(b) Sections 6.05(b), (c), and (d) do not apply to an
70	70	appraisal district established in a county to which this section
71	71	applies.
72	72	(c) The board of directors of an appraisal district
73	73	established in a county to which this section applies may contract
74	74	with an appraisal office in another district to perform the duties
75	75	of the appraisal office for the district.
76	76	(d) The chief appraiser is the chief administrator of the
77	77	appraisal office for an appraisal district established in a county
78	78	to which this section applies. The chief appraiser is elected at the
79	79	general election for state and county officers by the voters of the
80	80	county in which the appraisal district is established. The chief
81	81	appraiser serves a two-year term beginning January 1 of each
82	82	odd-numbered year. To be eligible to serve as chief appraiser, an
83	83	individual must be a resident of the county in which the appraisal
84	84	district is established and must have resided in the county for at
85	85	least four years preceding the date the individual takes office.
86	86	(e) The chief appraiser of an appraisal district
87	87	established in a county to which this section applies is entitled to
88	88	compensation as provided by the budget adopted by the board of
89	89	directors. The chief appraiser's compensation may not be directly
90	90	or indirectly linked to an increase in the total market, appraised,
91	91	or taxable value of property in the appraisal district. The chief
92	92	appraiser may employ and compensate professional, clerical, and
93	93	other personnel as provided by the budget, with the exception of a
94	94	general counsel to the appraisal district.
95	95	(f) A vacancy in the office of chief appraiser of an
96	96	appraisal district established in a county to which this section
97	97	applies is filled by the commissioners court of the applicable
98	98	county.
99	99	(g) For purposes of removal under Chapter 87, Local
100	100	Government Code, "incompetency" in the case of a chief appraiser of
101	101	an appraisal district established in a county to which this section
102	102	applies includes failure to complete the course of training
103	103	required by Section 5.042 within the period prescribed by that
104	104	section.
105	105	(h) Section 6.0501 does not apply to an appraisal district
106	106	established in a county to which this section applies.
107	107	(i) For purposes of an appraisal district established in a
108	108	county to which this section applies, a reference in law to a chief
109	109	appraiser as an employee of an appraisal district shall be
110	110	construed to refer to the elected chief appraiser of the applicable
111	111	appraisal district and may not be construed in a manner
112	112	inconsistent with this section.
113	113	Sec. 6.0503. BALLOT PROCEDURES FOR CHIEF APPRAISER; FILING
114	114	FEE. (a) This section applies only to a chief appraiser required
115	115	to be elected under Section 6.0502.
116	116	(b) Except as provided by this section, Chapter 144,
117	117	Election Code, applies to a candidate for the office of chief
118	118	appraiser of an appraisal district.
119	119	(c) An application for a place on the ballot must be filed
120	120	with the county judge of the county for which the appraisal district
121	121	is established and be accompanied by a filing fee of $1,250.
122	122	(d) A filing fee received under this section shall be
123	123	deposited in the county treasury to the credit of the county general
124	124	fund.
125	125	SECTION 4. Section 22.28(d), Tax Code, is amended to read as
126	126	follows:
127	127	(d) To help defray the costs of administering this chapter,
128	128	a collector who collects a penalty imposed under Subsection (a)
129	129	shall remit to the appraisal district of [that employs] the chief
130	130	appraiser who imposed the penalty an amount equal to five percent of
131	131	the penalty amount collected.
132	132	SECTION 5. Section 1151.164, Occupations Code, is amended
133	133	to read as follows:
134	134	Sec. 1151.164. CHIEF APPRAISER TRAINING PROGRAM. (a) The
135	135	department shall implement a training program for newly elected or
136	136	appointed chief appraisers and shall prescribe the curriculum for
137	137	the training program as provided by this section.
138	138	(b) The training program must provide the chief appraiser
139	139	[appointee] with information regarding:
140	140	(1) this chapter;
141	141	(2) the programs operated by the department;
142	142	(3) the role and functions of the department;
143	143	(4) the rules of the commission, with an emphasis on
144	144	the rules that relate to ethical behavior;
145	145	(5) the role and functions of the chief appraiser, the
146	146	appraisal district board of directors, and the appraisal review
147	147	board;
148	148	(6) the importance of maintaining the independence of
149	149	an appraisal office from political pressure;
150	150	(7) the importance of prompt and courteous treatment
151	151	of the public;
152	152	(8) the finance and budgeting requirements for an
153	153	appraisal district, including appropriate controls to ensure that
154	154	expenditures are proper; and
155	155	(9) the requirements of:
156	156	(A) the open meetings law, Chapter 551,
157	157	Government Code;
158	158	(B) the public information law, Chapter 552,
159	159	Government Code;
160	160	(C) the administrative procedure law, Chapter
161	161	2001, Government Code;
162	162	(D) other laws relating to public officials,
163	163	including conflict-of-interest laws; and
164	164	(E) the standards of ethics imposed by the
165	165	Uniform Standards of Professional Appraisal Practice.
166	166	SECTION 6. (a) The chief appraisers of an appraisal
167	167	district established in a county described by Section 6.0502, Tax
168	168	Code, as added by this Act, shall be elected beginning with the
169	169	primary and general elections conducted in 2024. The chief
170	170	appraiser then elected takes office January 1, 2025.
171	171	(b) The change in the manner of selection of chief appraiser
172	172	made by this Act for an appraisal district established in a county
173	173	described by Section 6.0502, Tax Code, as added by this Act, does
174	174	not affect the selection of a chief appraiser who is appointed by
175	175	the appraisal district board of directors before January 1, 2024,
176	176	and that person continues to serve at the pleasure of the board of
177	177	directors as provided by the former law until removed by the board
178	178	of directors or until the person elected as chief appraiser for the
179	179	term that begins January 1, 2025, has qualified for office.
180	180	SECTION 7. (a) Except as otherwise provided by this
181	181	section, this Act takes effect January 1, 2025.
182	182	(b) This section, Section 6.0503, Tax Code, as added by this
183	183	Act, and Section 6 of this Act take effect September 1, 2023.