By Hartnett                                            H.B. No. 356
       74R1390 JD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to auxiliary members of an appraisal review board and to
    1-3  the removal of board members.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 6.41, Tax Code, is amended by amending
    1-6  Subsection (c) and adding Subsection (f) to read as follows:
    1-7        (c)  To be eligible to serve on the board, an individual must
    1-8  be a resident of the district and must have resided in the district
    1-9  for at least two years.  A member of the appraisal district board
   1-10  of directors or an officer or employee of the comptroller, the
   1-11  appraisal office, or a taxing unit is ineligible to serve on the
   1-12  board.  In an appraisal district established for a county having a
   1-13  population of more than 50,000, an individual who has served for
   1-14  all or part of three previous terms as a board member or auxiliary
   1-15  board member on the appraisal review board is ineligible to serve
   1-16  on the appraisal review board.  In an appraisal district
   1-17  established for any other county, an individual who has served for
   1-18  all or part of two consecutive terms as a board member or auxiliary
   1-19  board member on the appraisal review board is ineligible to serve
   1-20  on the appraisal review board during a term that begins on the next
   1-21  January 1 following the second of those consecutive terms.
   1-22        (f)  A member of the board may be removed from the board by a
   1-23  majority vote of the appraisal district board of directors.
   1-24  Grounds for removal are:
    2-1              (1)  a violation of Section 6.412 or 6.413; or
    2-2              (2)  good cause relating to the attendance of members
    2-3  at called meetings of the board as established by written policy
    2-4  adopted by a majority of the appraisal district board of directors.
    2-5        SECTION 2.  Subchapter C, Chapter 6, Tax Code, is amended by
    2-6  adding Section 6.411 to read as follows:
    2-7        Sec. 6.411.  AUXILIARY BOARD MEMBERS IN CERTAIN COUNTIES.
    2-8  (a)  The board of directors of an appraisal district may appoint
    2-9  auxiliary members to the appraisal review board to hear taxpayer
   2-10  protests before the appraisal review board and to assist the board
   2-11  in performing its other duties.
   2-12        (b)  The number of auxiliary members that may be appointed
   2-13  is:
   2-14              (1)  for a county with a population of 1,000,000 or
   2-15  more, not more than 30 auxiliary members;
   2-16              (2)  for a county with a population of at least 500,000
   2-17  but less than 1,000,000, not more than 20 auxiliary members;
   2-18              (3)  for a county with a population of at least 250,000
   2-19  but less than 500,000, not more than 10 auxiliary members; and
   2-20              (4)  for a county with a population of less than
   2-21  250,000, not more than 6 auxiliary members.
   2-22        (c)  Sections 6.41(c), (d), and (e) and Sections 6.412 and
   2-23  6.413 apply to auxiliary board members appointed under this
   2-24  section.
   2-25        (d)  An auxiliary member of the appraisal review board
   2-26  appointed under this section may not vote in a determination made
   2-27  by the board, may not serve as chairman or secretary of the board,
    3-1  and is not included in determining what constitutes a quorum of the
    3-2  board or whether a quorum is present at any meeting of the board.
    3-3        (e)  An auxiliary member of the appraisal review board
    3-4  appointed under this section is entitled to make a recommendation
    3-5  to the board in a protest heard by the member but is not entitled
    3-6  to vote on the determination of the protest by the board.
    3-7        (f)  An auxiliary member of the appraisal review board
    3-8  appointed under this section is entitled to the per diem set by the
    3-9  appraisal district budget for each day on which the member actively
   3-10  engages in performing the member's duties under Subsection (a) or
   3-11  (e) and is entitled to actual and necessary expenses incurred in
   3-12  performing those duties in the same manner as other members of the
   3-13  appraisal review board.
   3-14        SECTION 3.  The importance of this legislation and the
   3-15  crowded condition of the calendars in both houses create an
   3-16  emergency and an imperative public necessity that the
   3-17  constitutional rule requiring bills to be read on three several
   3-18  days in each house be suspended, and this rule is hereby suspended.