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Senate Bill 1351 |
Senate Author: Williams et al. |
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Effective: 9-1-05 |
House Sponsor: Hill et al. |
Senate Bill 1351 amends the Tax Code to allow a property owner to appeal an appraisal review board's determination, in a protest concerning the appraised or market value of real property, through binding arbitration instead of through judicial review by a district court if the property's appraised or market value is $1 million or less and the appeal does not involve any matter in dispute other than the property's appraised or market value. The bill establishes notice requirements to inform a property owner of the property owner's right to appeal through binding arbitration and establishes procedures and deadlines for a property owner requesting arbitration and for an appraisal district processing a request. The bill requires the comptroller to prescribe a form for requesting arbitration in such cases and to maintain a registry of qualified arbitrators from which the property owner and the appraisal district may select an arbitrator or from which the comptroller may select an arbitrator if the two parties are unable to agree. The bill establishes procedures for the appointment of an arbitrator, for the conduct of and representation at an arbitration hearing, and for the making of an arbitration award and payment of the arbitrator's fee. Parties to the arbitration may be represented by a licensed attorney, a licensed real estate broker or salesperson, a licensed or certified real estate appraiser, or a registered property tax consultant; the appraisal district may be represented by a district employee. The bill provides that the pendency of an appeal through binding arbitration does not affect the delinquency date of the taxes due on the property subject to the appeal and prohibits a property owner from filing an appeal if the taxes on that property are delinquent.