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.