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
2-25 -------------------------------------------------------------------
2-26 Name: George H. Moff x
2-27 Representing: Nueces Cty Appraisal Dist
2-28 City: Corpus Christi
2-29 -------------------------------------------------------------------
2-30 Name: Scott Anderson x
2-31 Representing: Various Oil & Gas Associations
2-32 City: Austin
2-33 -------------------------------------------------------------------
2-34 Name: Frank Powell x
2-35 Representing: Tx Assoc of Property Tax Prof
2-36 City: Austin
2-37 -------------------------------------------------------------------
2-38 Name: Jim Popp x
2-39 Representing: Popp and Ikard
2-40 City: Austin
2-41 -------------------------------------------------------------------
2-42 Name: Breck Bostwick x
2-43 Representing: Tx. Assoc. of Property Tax Asso.
2-44 City: Austin
2-45 -------------------------------------------------------------------