1 | 1 | | 89R2550 MLH-D |
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2 | 2 | | By: Metcalf H.B. No. 4864 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the eligibility of a person to serve as an arbitrator in |
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10 | 10 | | a binding arbitration of an appeal of an appraisal review board |
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11 | 11 | | order. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 41A.06(b), Tax Code, is amended to read |
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14 | 14 | | as follows: |
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15 | 15 | | (b) To initially qualify to serve as an arbitrator under |
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16 | 16 | | this chapter, a person must: |
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17 | 17 | | (1) meet the following requirements, as applicable: |
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18 | 18 | | (A) be licensed as an attorney in this state; or |
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19 | 19 | | (B) have: |
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20 | 20 | | (i) completed at least 30 hours of training |
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21 | 21 | | in arbitration and alternative dispute resolution procedures from a |
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22 | 22 | | university, college, or legal or real estate trade association; and |
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23 | 23 | | (ii) been licensed or certified |
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24 | 24 | | continuously during the five years preceding the date the person |
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25 | 25 | | agrees to serve as an arbitrator as: |
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26 | 26 | | (a) a real estate broker or sales |
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27 | 27 | | agent under Chapter 1101, Occupations Code; |
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28 | 28 | | (b) a real estate appraiser under |
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29 | 29 | | Chapter 1103, Occupations Code; [or] |
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30 | 30 | | (c) a certified public accountant |
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31 | 31 | | under Chapter 901, Occupations Code; or |
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32 | 32 | | (d) a registered professional |
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33 | 33 | | appraiser under Chapter 1151, Occupations Code; |
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34 | 34 | | (2) complete the courses for training and education of |
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35 | 35 | | appraisal review board members established under Sections 5.041(a) |
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36 | 36 | | and (e-1) and be issued a certificate for each course indicating |
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37 | 37 | | course completion; |
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38 | 38 | | (3) complete the training program on property tax law |
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39 | 39 | | for the training and education of arbitrators established under |
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40 | 40 | | Section 5.043; and |
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41 | 41 | | (4) agree to conduct an arbitration for a fee that is |
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42 | 42 | | not more than: |
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43 | 43 | | (A) $400, if the property qualifies as the |
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44 | 44 | | owner's residence homestead under Section 11.13 and the appraised |
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45 | 45 | | or market value, as applicable, of the property is $500,000 or less, |
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46 | 46 | | as determined by the order; |
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47 | 47 | | (B) $450, if the property qualifies as the |
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48 | 48 | | owner's residence homestead under Section 11.13 and the appraised |
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49 | 49 | | or market value, as applicable, of the property is more than |
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50 | 50 | | $500,000, as determined by the order; |
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51 | 51 | | (C) $450, if the property does not qualify as the |
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52 | 52 | | owner's residence homestead under Section 11.13 and the appraised |
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53 | 53 | | or market value, as applicable, of the property is $1 million or |
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54 | 54 | | less, as determined by the order; |
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55 | 55 | | (D) $750, if the property does not qualify as the |
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56 | 56 | | owner's residence homestead under Section 11.13 and the appraised |
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57 | 57 | | or market value, as applicable, of the property is more than $1 |
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58 | 58 | | million but not more than $2 million, as determined by the order; |
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59 | 59 | | (E) $1,000, if the property does not qualify as |
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60 | 60 | | the owner's residence homestead under Section 11.13 and the |
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61 | 61 | | appraised or market value, as applicable, of the property is more |
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62 | 62 | | than $2 million but not more than $3 million, as determined by the |
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63 | 63 | | order; or |
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64 | 64 | | (F) $1,500, if the property does not qualify as |
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65 | 65 | | the owner's residence homestead under Section 11.13 and the |
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66 | 66 | | appraised or market value, as applicable, of the property is more |
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67 | 67 | | than $3 million but not more than $5 million, as determined by the |
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68 | 68 | | order. |
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69 | 69 | | SECTION 2. This Act takes effect immediately if it receives |
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70 | 70 | | a vote of two-thirds of all the members elected to each house, as |
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71 | 71 | | provided by Section 39, Article III, Texas Constitution. If this |
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72 | 72 | | Act does not receive the vote necessary for immediate effect, this |
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73 | 73 | | Act takes effect September 1, 2025. |
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