1-1  By:  Harris of Tarrant                                S.B. No. 1430
    1-2        (In the Senate - Filed April 26, 1993; April 27, 1993, read
    1-3  first time and referred to Committee on Finance; May 3, 1993,
    1-4  reported adversely, with favorable Committee Substitute by the
    1-5  following vote:  Yeas 12, Nays 0; May 3, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Montford           x                               
    1-9        Turner             x                               
   1-10        Armbrister                                     x   
   1-11        Barrientos         x                               
   1-12        Bivins             x                               
   1-13        Ellis              x                               
   1-14        Haley              x                               
   1-15        Moncrief           x                               
   1-16        Parker             x                               
   1-17        Ratliff            x                               
   1-18        Sims               x                               
   1-19        Truan              x                               
   1-20        Zaffirini          x                               
   1-21  COMMITTEE SUBSTITUTE FOR S.B. No. 1430                By:  Moncrief
   1-22                         A BILL TO BE ENTITLED
   1-23                                AN ACT
   1-24  relating to the right of appeal of an appraisal review board order
   1-25  through arbitration.
   1-26        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-27        SECTION 1.  Section 42.225, Tax Code, is amended to read as
   1-28  follows:
   1-29        Sec. 42.225.  PROPERTY OWNER'S RIGHT TO APPEAL THROUGH
   1-30  <BINDING> ARBITRATION.  (a)  A property owner who appeals an
   1-31  appraisal review board order under this chapter is entitled to have
   1-32  the appeal submitted to nonbinding <resolved through binding>
   1-33  arbitration if he so requests.  If nonbinding arbitration is
   1-34  requested, the court shall order that it be conducted in accordance
   1-35  with Chapter 154, Civil Practice and Remedies Code.
   1-36        (b)  On motion by the property owner with the consent of the
   1-37  appraisal district, the court shall order the parties to an appeal
   1-38  of an appraisal review board order under this chapter to submit to
   1-39  binding arbitration and shall appoint an impartial third party to
   1-40  conduct the arbitration.  The impartial third party is appointed by
   1-41  the court and serves as provided by Subchapter C, Chapter 154,
   1-42  Civil Practice and Remedies Code.  In binding arbitration the
   1-43  following provisions shall be applicable:
   1-44              (1) <(c)>  Each party or counsel for the party may
   1-45  present the position of the party before the impartial third party,
   1-46  who must render a specific arbitration award resolving the appeal.
   1-47              (2)  An <(d)  Except as provided by Subsection (e), an>
   1-48  arbitration award is binding and enforceable in the same manner as
   1-49  a contract obligation <if:>
   1-50              <(1)  in a motion filed under Subsection (b), the
   1-51  property owner stipulates that the award is to be binding on all
   1-52  the parties; or>
   1-53              <(2)  before the rendition of the award, the parties
   1-54  agree to be bound>.
   1-55              (3)  Prior to submission of a case to arbitration the
   1-56  court shall determine matters related to jurisdiction, venue, and
   1-57  interpretation of the law <(e)  An arbitration award is not binding
   1-58  if it results or would result in an amount of taxes on the property
   1-59  that exceeds the amount of taxes assessed on the property under the
   1-60  order from which the appeal is taken>.
   1-61              (4) <(f)>  An arbitration award may include any remedy
   1-62  or relief that a court could order under this chapter.
   1-63        SECTION 2.  This Act applies to all appeals pending on or
   1-64  after the effective date of this Act.
   1-65        SECTION 3.  The importance of this legislation and the
   1-66  crowded condition of the calendars in both houses create an
   1-67  emergency and an imperative public necessity that the
   1-68  constitutional rule requiring bills to be read on three several
    2-1  days in each house be suspended, and this rule is hereby suspended,
    2-2  and that this Act take effect and be in force from and after its
    2-3  passage, and it is so enacted.
    2-4                               * * * * *
    2-5                                                         Austin,
    2-6  Texas
    2-7                                                         May 3, 1993
    2-8  Hon. Bob Bullock
    2-9  President of the Senate
   2-10  Sir:
   2-11  We, your Committee on Finance to which was referred S.B. No. 1430,
   2-12  have had the same under consideration, and I am instructed to
   2-13  report it back to the Senate with the recommendation that it do not
   2-14  pass, but that the Committee Substitute adopted in lieu thereof do
   2-15  pass and be printed.
   2-16                                                         Montford,
   2-17  Chairman
   2-18                               * * * * *
   2-19                               WITNESSES
   2-20                                                  FOR   AGAINST  ON
   2-21  ___________________________________________________________________
   2-22  Name:  James Collins, Lawyer                     x
   2-23  Representing:  Self
   2-24  City:  Lubbock
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   2-26  Name:  George H. Moff                            x
   2-27  Representing:  Nueces Cty Appraisal Dist
   2-28  City:  Corpus Christi
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   2-30  Name:  Scott Anderson                                    x
   2-31  Representing:  Various Oil & Gas Associations
   2-32  City:  Austin
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   2-34  Name:  Frank Powell                                      x
   2-35  Representing:  Tx Assoc of Property Tax Prof
   2-36  City:  Austin
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   2-38  Name:  Jim Popp                                          x
   2-39  Representing:  Popp and Ikard
   2-40  City:  Austin
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   2-42  Name:  Breck Bostwick                                    x
   2-43  Representing:  Tx. Assoc. of Property Tax Asso.
   2-44  City:  Austin
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