By:  Armbrister                                        S.B. No. 553
       73R5262 JD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to binding arbitration in certain ad valorem tax appraisal
    1-3  appeals.
    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 who appeals an
    1-9  appraisal review board order under this chapter is entitled to have
   1-10  the appeal resolved through binding arbitration if the appraised
   1-11  value of the property according to the order of the board is $1
   1-12  million or less.
   1-13        (b)  On motion by the property owner, the court shall order
   1-14  the parties to submit to arbitration and shall appoint an impartial
   1-15  third party to conduct the arbitration.  The impartial third party
   1-16  is appointed by the court and serves as provided by Subchapter C,
   1-17  Chapter 154, Civil Practice and Remedies Code.
   1-18        (c)  Each party or counsel for the party may present the
   1-19  position of the party before the impartial third party, who must
   1-20  render a specific arbitration award resolving the appeal.
   1-21        (d)  An <Except as provided by Subsection (e), an>
   1-22  arbitration award is binding and enforceable in the same manner as
   1-23  a contract obligation if:
   1-24              (1)  in a motion filed under Subsection (b), the
    2-1  property owner stipulates that the award is to be binding on all
    2-2  the parties; or
    2-3              (2)  before the rendition of the award, the parties
    2-4  agree to be bound.
    2-5        (e)  <An arbitration award is not binding if it results or
    2-6  would result in an amount of taxes on the property that exceeds the
    2-7  amount of taxes assessed on the property under the order from which
    2-8  the appeal is taken.>
    2-9        <(f)>  An arbitration award may include any remedy or relief
   2-10  that a court could order under this chapter.
   2-11        SECTION 2.  The change in Section 42.225, Tax Code, made by
   2-12  this Act applies only to a motion for arbitration filed by a
   2-13  property owner on or after the effective date of this Act.  A
   2-14  motion for arbitration filed by a property owner before the
   2-15  effective date is covered by Section 42.225 as it existed when the
   2-16  motion was filed, and that prior law is continued in effect for
   2-17  that purpose.
   2-18        SECTION 3.  The importance of this legislation and the
   2-19  crowded condition of the calendars in both houses create an
   2-20  emergency and an imperative public necessity that the
   2-21  constitutional rule requiring bills to be read on three several
   2-22  days in each house be suspended, and this rule is hereby suspended,
   2-23  and that this Act take effect and be in force from and after its
   2-24  passage, and it is so enacted.