4 | 5 | | |
---|
5 | 6 | | |
---|
6 | 7 | | |
---|
7 | 8 | | |
---|
8 | 9 | | A BILL TO BE ENTITLED |
---|
9 | 10 | | AN ACT |
---|
10 | 11 | | relating to the qualification of candidates for, and the training |
---|
11 | 12 | | and education of members of, the board of directors of an appraisal |
---|
12 | 13 | | district. |
---|
13 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
14 | 15 | | SECTION 1. Chapter 5, Tax Code, is amended by adding Section |
---|
15 | 16 | | 5.044 to read as follows: |
---|
16 | 17 | | Sec. 5.044. TRAINING OF APPRAISAL DISTRICT BOARD OF |
---|
17 | 18 | | DIRECTORS MEMBERS. (a) A member of an appraisal district board of |
---|
18 | 19 | | directors shall successfully complete a training program |
---|
19 | 20 | | prescribed by this section before each anniversary of the date the |
---|
20 | 21 | | member takes office. |
---|
21 | 22 | | (b) The training program must provide a member of the board |
---|
22 | 23 | | of directors of an appraisal district with information regarding: |
---|
23 | 24 | | (1) the role and functions of the chief appraiser, the |
---|
24 | 25 | | board of directors, the appraisal review board, and the taxpayer |
---|
25 | 26 | | liaison officer; |
---|
26 | 27 | | (2) the role and functions of the comptroller |
---|
27 | 28 | | regarding the property tax system; |
---|
28 | 29 | | (3) the importance of maintaining the independence of |
---|
29 | 30 | | an appraisal office from political pressure; |
---|
30 | 31 | | (4) the importance of prompt, courteous, and fair |
---|
31 | 32 | | treatment of the public; |
---|
32 | 33 | | (5) the finance and budgeting requirements for an |
---|
33 | 34 | | appraisal district, including appropriate controls to ensure that |
---|
34 | 35 | | expenditures are proper; |
---|
35 | 36 | | (6) the procurement and contracting requirements for |
---|
36 | 37 | | an appraisal district, including appropriate controls to ensure |
---|
37 | 38 | | there are no conflicts of interest; |
---|
38 | 39 | | (7) the requirements of: |
---|
39 | 40 | | (A) Chapter 551, Government Code; |
---|
40 | 41 | | (B) Chapter 552, Government Code; |
---|
41 | 42 | | (C) Chapter 2001, Government Code; |
---|
42 | 43 | | (D) other laws relating to public officials, |
---|
43 | 44 | | including conflict-of-interest laws; and |
---|
44 | 45 | | (E) the standards of ethics imposed by the |
---|
45 | 46 | | Uniform Standards of Professional Appraisal Practice; and |
---|
46 | 47 | | (8) the professions regulated under Chapter 1151, |
---|
47 | 48 | | Occupations Code. |
---|
48 | 49 | | (c) The training required by this section for a member of |
---|
49 | 50 | | the board of directors of an appraisal district that has contracted |
---|
50 | 51 | | to perform duties relating to the assessment or collection of taxes |
---|
51 | 52 | | must include not less than eight hours of instruction on laws |
---|
52 | 53 | | relating to those functions. |
---|
53 | 54 | | (d) The training required by this section shall be provided |
---|
54 | 55 | | by an accredited institution of higher education, including an |
---|
55 | 56 | | institution that is a part of or associated with an accredited |
---|
56 | 57 | | institution of higher education, such as the V. G. Young Institute |
---|
57 | 58 | | of County Government. On completion of the training by a member of |
---|
58 | 59 | | the board of directors of an appraisal district, the institution |
---|
59 | 60 | | providing the training shall provide a certificate of completion to |
---|
60 | 61 | | the member. |
---|
61 | 62 | | (e) A member of the board of directors of an appraisal |
---|
62 | 63 | | district who completes the training required by this section shall |
---|
63 | 64 | | file the certificate of completion provided to the member with the |
---|
64 | 65 | | appraisal district. The appraisal district shall provide each |
---|
65 | 66 | | certificate filed with the district since the comptroller completed |
---|
66 | 67 | | the most recent review of the district under Section 5.102 to the |
---|
67 | 68 | | comptroller as part of each review conducted under that section. |
---|
68 | 69 | | (f) For purposes of removal under Subchapter B, Chapter 87, |
---|
69 | 70 | | Local Government Code, "incompetency" in the case of a member of the |
---|
70 | 71 | | board of directors of an appraisal district includes the failure to |
---|
71 | 72 | | timely complete the training required by this section. |
---|
72 | 73 | | SECTION 2. Subchapter A, Chapter 6, Tax Code, is amended by |
---|
73 | 74 | | adding Section 6.0302 to read as follows: |
---|
74 | 75 | | Sec. 6.0302. ACKNOWLEDGEMENT OF DIRECTOR'S DUTIES. (a) An |
---|
75 | 76 | | individual may not be appointed to an appointive position on the |
---|
76 | 77 | | board of directors of an appraisal district unless the individual |
---|
77 | 78 | | has: |
---|
78 | 79 | | (1) signed the acknowledgement described by this |
---|
79 | 80 | | section; and |
---|
80 | 81 | | (2) submitted the signed acknowledgement to the chief |
---|
81 | 82 | | appraiser of the appraisal district. |
---|
82 | 83 | | (b) An individual may not file an application for a place on |
---|
83 | 84 | | the ballot for an elective position on the board of directors of an |
---|
84 | 85 | | appraisal district under Section 6.032 unless the individual has: |
---|
85 | 86 | | (1) signed the acknowledgement described by this |
---|
86 | 87 | | section; and |
---|
87 | 88 | | (2) submitted the signed acknowledgement to the chief |
---|
88 | 89 | | appraiser of the appraisal district. |
---|
89 | 90 | | (c) Each candidate for an appointive or elective position on |
---|
90 | 91 | | the board of directors of an appraisal district must sign a |
---|
91 | 92 | | statement in the following form: |
---|
92 | 93 | | "ACKNOWLEDGMENT OF DUTIES OF MEMBER OF APPRAISAL DISTRICT BOARD OF |
---|
93 | 94 | | DIRECTORS |
---|
94 | 95 | | "I hereby acknowledge that I have read and understand the |
---|
95 | 96 | | duties of a member of the board of directors of an appraisal |
---|
96 | 97 | | district. I understand that the statutory responsibilities |
---|
97 | 98 | | include: |
---|
98 | 99 | | "(1) establishing the appraisal district office; |
---|
99 | 100 | | "(2) hiring a chief appraiser; |
---|
100 | 101 | | "(3) adopting the appraisal district's annual operating |
---|
101 | 102 | | budget after filing notice and holding a public hearing; |
---|
102 | 103 | | "(4) adopting a new budget if voting taxing units |
---|
103 | 104 | | disapprove of the initial budget; |
---|
104 | 105 | | "(5) determining whether to remove members of the |
---|
105 | 106 | | appraisal review board if the board of directors of the appraisal |
---|
106 | 107 | | district is the appointing authority and potential grounds for |
---|
107 | 108 | | removal arise; |
---|
108 | 109 | | "(6) notifying voting taxing units of any vacancy in an |
---|
109 | 110 | | appointive position on the board and electing a replacement from |
---|
110 | 111 | | submitted nominees; |
---|
111 | 112 | | "(7) appointing a person to fill a vacancy in an |
---|
112 | 113 | | elective position on the board; |
---|
113 | 114 | | "(8) electing a chairman and a secretary of the board at |
---|
114 | 115 | | the first meeting each year; |
---|
115 | 116 | | "(9) holding board meetings at least quarterly; |
---|
116 | 117 | | "(10) developing and implementing policies regarding |
---|
117 | 118 | | reasonable access to the board; |
---|
118 | 119 | | "(11) preparing information describing the board's |
---|
119 | 120 | | functions and complaint procedures and making that information |
---|
120 | 121 | | available to the public and to participating taxing units; |
---|
121 | 122 | | "(12) notifying parties to a complaint filed with the |
---|
122 | 123 | | board of the status of the complaint, unless otherwise provided; |
---|
123 | 124 | | "(13) in populous counties, appointing a taxpayer |
---|
124 | 125 | | liaison officer and deputy taxpayer liaison officers; |
---|
125 | 126 | | "(14) annually evaluating the performance of the |
---|
126 | 127 | | taxpayer liaison officer and any deputy taxpayer liaison officers, |
---|
127 | 128 | | including reviewing the timeliness of complaint resolution; |
---|
128 | 129 | | "(15) referring matters investigated by a taxpayer |
---|
129 | 130 | | liaison officer relating to the appraisal review board's conduct to |
---|
130 | 131 | | the local administrative district judge with a recommendation; |
---|
131 | 132 | | "(16) developing a biennial written plan for the |
---|
132 | 133 | | periodic reappraisal of all property in the appraisal district, |
---|
133 | 134 | | filing notice and holding a public hearing on the plan, approving |
---|
134 | 135 | | the plan, and distributing copies of the plan to participating |
---|
135 | 136 | | taxing units and the comptroller; |
---|
136 | 137 | | "(17) making agreements with newly formed taxing units |
---|
137 | 138 | | on an estimated budget allocation for that taxing unit; |
---|
138 | 139 | | "(18) having an annual financial audit prepared by an |
---|
139 | 140 | | independent certified public accountant, delivering a copy of the |
---|
140 | 141 | | audit to each voting taxing unit, and making the audit available for |
---|
141 | 142 | | inspection at the appraisal district office; |
---|
142 | 143 | | "(19) designating the appraisal district depository |
---|
143 | 144 | | biennially; |
---|
144 | 145 | | "(20) receiving resolutions from voting taxing units |
---|
145 | 146 | | disapproving of board actions; |
---|
146 | 147 | | "(21) adhering to Local Government Code requirements |
---|
147 | 148 | | for purchasing and entering into contracts; |
---|
148 | 149 | | "(22) providing advice and consent to the chief |
---|
149 | 150 | | appraiser concerning the appointment of an agricultural appraisal |
---|
150 | 151 | | advisory board and determining the number of members of that |
---|
151 | 152 | | advisory board; |
---|
152 | 153 | | "(23) adhering to laws concerning the preservation, |
---|
153 | 154 | | microfilming, destruction, or other disposition of records; and |
---|
154 | 155 | | "(24) adopting and implementing a policy for the |
---|
155 | 156 | | temporary replacement of a member of an appraisal review board who |
---|
156 | 157 | | violates ex parte communication requirements. |
---|
157 | 158 | | "Furthermore, I recognize that the board does not appraise |
---|
158 | 159 | | property or review the value of individual properties. I |
---|
159 | 160 | | acknowledge that tax rates and tax burdens are determined by |
---|
160 | 161 | | applicable taxing jurisdictions, not the appraisal district board |
---|
161 | 162 | | of directors." |
---|
162 | 163 | | SECTION 3. Sections 5.044 and 6.0302, Tax Code, as added by |
---|
163 | 164 | | this Act, apply only to a person appointed or elected to the board |
---|
164 | 165 | | of directors of an appraisal district whose term begins on or after |
---|
165 | 166 | | January 1, 2026. |
---|
166 | 167 | | SECTION 4. This Act takes effect September 1, 2025. |
---|