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.