By Hirschi                                            H.B. No. 1909
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the right of appeal of an appraisal review board order
    1-3  through binding arbitration.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 42.225, Tax Code, is amended to read as
    1-6  follows:
    1-7        Sec. 42.225.  <PROPERTY OWNER'S> RIGHT TO APPEAL THROUGH
    1-8  BINDING ARBITRATION.  (a)  A property owner and chief appraiser who
    1-9  jointly agree to an appeal brought <who appeals an appraisal review
   1-10  board order> under this chapter are <is> entitled to have the
   1-11  appeal resolved through binding arbitration.
   1-12        (b)  On motion by the property owner and chief appraiser, the
   1-13  court shall order the parties to submit to arbitration and shall
   1-14  appoint an impartial third party to conduct the arbitration.  The
   1-15  impartial third party is appointed by the court and serves as
   1-16  provided by Subchapter C, Chapter 154, Civil Practice and Remedies
   1-17  Code.  The motion must be filed within 60 days after a petition for
   1-18  review is filed with the district court.
   1-19        (c)  Each party or counsel for the party may present the
   1-20  position of the party before the impartial third party, who must
   1-21  render a specific arbitration award resolving the appeal.
   1-22        (d)  <Except as provided by Subsection (e), an> An
   1-23  arbitration award is binding and enforceable in the same manner as
    2-1  a contract obligation if:
    2-2              (1)  in a motion filed under Subsection (b), the
    2-3  property owner and the chief appraiser stipulate <stipulates> that
    2-4  the award is to be binding on all parties; or
    2-5              (2)  before the rendition of the award, the parties
    2-6  agree to be bound.
    2-7        <(e)  An arbitration award is not binding if it results or
    2-8  would result in an amount of taxes on the property that exceeds the
    2-9  amount of taxes assessed on the property under the order from which
   2-10  the appeal is taken.>
   2-11        (e) <(f)>  An arbitration award may include any remedy or
   2-12  relief that a court could order under this chapter.
   2-13        SECTION 2.  The importance of this legislation and the
   2-14  crowded condition of the calendars in both houses create an
   2-15  emergency and an imperative public necessity that the
   2-16  constitutional rule requiring bills to be read on three several
   2-17  days in each house be suspended, and this rule is hereby suspended,
   2-18  and this Act take effect and be in force from and after its
   2-19  passage, and it is so enacted.