Texas 2023 88th Regular

Texas House Bill HB4101 Introduced / Bill

Filed 03/08/2023

                    88R4231 DRS-D
 By: Shine H.B. No. 4101


 A BILL TO BE ENTITLED
 AN ACT
 relating to the matters that may be the subject of limited binding
 arbitration to compel compliance with procedural requirements
 related to protests before appraisal review boards.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  The heading to Section 41A.015, Tax Code, is
 amended to read as follows:
 Sec. 41A.015.  LIMITED BINDING ARBITRATION TO COMPEL
 COMPLIANCE WITH [CERTAIN] PROCEDURAL REQUIREMENTS RELATED TO
 PROTESTS.
 SECTION 2.  Section 41A.015(a), Tax Code, is amended to read
 as follows:
 (a)  A property owner who has filed a notice of protest under
 Chapter 41 may file a request for limited binding arbitration under
 this section to compel the appraisal review board or chief
 appraiser, as appropriate, to:
 (1)  comply with the model hearing procedures prepared
 by the comptroller under Section 5.103, including by rescinding
 [rescind] procedural rules adopted by the appraisal review board
 that are not in compliance with the model hearing procedures
 [prepared by the comptroller under Section 5.103];
 (2)  schedule a hearing on a protest as required by
 Section 41.45;
 (3)  deliver information to the property owner in the
 manner required by Section 41.461;
 (4)  allow the property owner to offer evidence,
 examine or cross-examine witnesses or other parties, and present
 arguments as required by Section 41.66(b);
 (5)  set a hearing for a time and date certain and
 postpone a hearing that does not begin within two hours of the
 scheduled time as required by Section 41.66(i);
 (6)  schedule hearings on protests concerning multiple
 properties identified in the same notice of protest on the same day
 at the request of the property owner or the property owner's
 designated agent as required by Section 41.66(j); [or]
 (7)  refrain from using or offering as evidence
 information requested by the property owner under Section 41.461
 that was not delivered to the property owner at least 14 days before
 the hearing as required by Section 41.67(d);
 (8)  comply with the comptroller's Appraisal Review
 Board Manual in use at the time the property owner filed a notice of
 protest under Chapter 41; or
 (9)  comply with any other procedural requirement of
 Chapter 41 relating to a protest under that chapter.
 SECTION 3.  This Act takes effect September 1, 2023.