H.B. No. 4101
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 hearing procedures adopted by the
appraisal review board under Section 41.01(c) and 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).
SECTION 3. The change in law made by this Act applies only
to a request for limited binding arbitration under Section 41A.015,
Tax Code, related to a protest under Chapter 41 of that code for
which a notice of protest is filed by a property owner on or after
the effective date of this Act. A request for limited binding
arbitration related to a protest for which a notice of protest was
filed by a property owner before the effective date of this Act is
governed by the law in effect on the date the notice of protest was
filed, and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect January 1, 2024.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4101 was passed by the House on April
25, 2023, by the following vote: Yeas 147, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4101 was passed by the Senate on May
16, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor