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.