By:  Harris of Tarrant                                S.B. No. 1430
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the right of appeal of an appraisal review board order
    1-2  through binding arbitration.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 42.225, Tax Code, is amended to read as
    1-5  follows:
    1-6        Sec. 42.225.  Property Owner's Right to Appeal Through
    1-7  Binding Arbitration.  (a)  A property owner who appeals an
    1-8  appraisal review board order under this chapter is entitled to have
    1-9  the appeal resolved through binding arbitration with the consent of
   1-10  the appraisal district.
   1-11        (b)  On motion by the property owner with the consent of the
   1-12  appraisal district, the court shall order the parties to submit to
   1-13  arbitration and shall appoint an impartial third party to conduct
   1-14  the arbitration.  The impartial third party is appointed by the
   1-15  court and serves as provided by Subchapter C, Chapter 154, Civil
   1-16  Practice and Remedies Code.
   1-17        (c)  Each party or counsel for the party may present the
   1-18  position of the party before the impartial third party, who must
   1-19  render a specific arbitration award resolving the appeal.
   1-20        (d)  <Except as provided by Subsection (e), a> An arbitration
   1-21  award is binding and enforceable in the same manner as a contract
   1-22  obligation if:
   1-23              (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.>  Prior to submission of a case to arbitration
    2-9  the court shall determine matters related to jurisdiction, venue
   2-10  and interpretation of the law.
   2-11        (f)  An arbitration award may include any remedy or relief
   2-12  that a court could order under this chapter.
   2-13        SECTION 2.  The Act applies to all appeals pending on or
   2-14  after the date this Act takes effect.
   2-15        SECTION 3.  The importance of this legislation and the
   2-16  crowded condition of the calendars in both houses create an
   2-17  emergency and an imperative public necessity that the
   2-18  constitutional rule requiring bills to be read on three several
   2-19  days in each house be suspended, and this rule is hereby suspended,
   2-20  and that this Act take effect and be in force from and after its
   2-21  passage, and it is so enacted.