By Haggerty                                           H.B. No. 2013
       74R4710 JD-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to ad valorem taxation and to the appraisal of property
    1-3  for ad valorem tax purposes.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 1.04(7), Tax Code, is amended to read as
    1-6  follows:
    1-7              (7)  "Market value" means the most probable price that
    1-8  a property would bring at a sale in a competitive and open market
    1-9  under all conditions requisite to a fair sale at which the buyer
   1-10  and seller each act prudently, knowledgeably, and assuming the
   1-11  price is not affected by an undue stimulus, with the consummation
   1-12  of the sale as of a specified date and the passing of title from
   1-13  seller to buyer under conditions such that:
   1-14                    (A)  the buyer and seller are typically
   1-15  motivated;
   1-16                    (B)  the buyer and seller are each well informed
   1-17  or well advised, the buyer is acting in what the buyer considers to
   1-18  be the buyer's best interest, and the seller is acting in what the
   1-19  seller considers to be the seller's best interest;
   1-20                    (C)  a reasonable time is allowed for exposure of
   1-21  the property for sale on the open market;
   1-22                    (D)  payment is made for the property in cash in
   1-23  United States currency or the equivalent; and
   1-24                    (E)  the price represents the normal
    2-1  consideration for the property sold unaffected by special or
    2-2  creative financing or sales concessions granted by a person
    2-3  associated with the sale <price at which a property would transfer
    2-4  for cash or its equivalent under prevailing market conditions if:>
    2-5                    <(A)  exposed for sale in the open market with a
    2-6  reasonable time for the seller to find a purchaser;>
    2-7                    <(B)  both the seller and the purchaser know of
    2-8  all the uses and purposes to which the property is adapted and for
    2-9  which it is capable of being used and of the enforceable
   2-10  restrictions on its use; and>
   2-11                    <(C)  both the seller and purchaser seek to
   2-12  maximize their gains and neither is in a position to take advantage
   2-13  of the exigencies of the other>.
   2-14        SECTION 2.  Section 5.04, Tax Code, is amended by adding
   2-15  Subsections (c)-(g) to read as follows:
   2-16        (c)  Every two years, the following appraisal district
   2-17  personnel must successfully complete at least 20 classroom hours of
   2-18  continuing education approved by the Texas Commission on Licensing
   2-19  and Regulation, of which at least six hours must relate to the laws
   2-20  and legal issues relating to property appraisal:
   2-21              (1)  the chief appraiser; and
   2-22              (2)  each employee of the appraisal district who:
   2-23                    (A)  appraises property for the district; or
   2-24                    (B)  is a supervisory employee in a commercial or
   2-25  residential property appraisal department of the district.
   2-26        (d)  A person covered by Subsection (c) who is an employee of
   2-27  an appraisal district on September 1, 1995, must initially complete
    3-1  the educational requirements of that section before September 1,
    3-2  1997.
    3-3        (e)  A person covered by Subsection (c) who is employed by an
    3-4  appraisal district after September 1, 1995, must complete the
    3-5  educational requirements of Subsection (c) before the second
    3-6  anniversary of the date that the person is employed by the
    3-7  district.
    3-8        (f)  The appraisal district that employs a person covered by
    3-9  Subsection (c) is prohibited from continuing the employment of the
   3-10  person if the person fails to comply with Subsection (d) or (e).
   3-11        (g)  The Texas Commission on Licensing and Regulation shall
   3-12  adopt rules to administer Subsections (c)-(f).  The rules must
   3-13  prescribe the means of establishing whether a person employed by an
   3-14  appraisal district has complied with those subsections.
   3-15        SECTION 3.  Subchapter A, Chapter 6, Tax Code, is amended by
   3-16  adding Section 6.14 to read as follows:
   3-17        Sec. 6.14.  APPLICABILITY OF OPEN RECORDS LAW; COST OF
   3-18  COPIES.  (a)  An appraisal district is subject to the open records
   3-19  law, Chapter 552, Government Code.
   3-20        (b)  The amount charged by an appraisal district for a copy
   3-21  of a public record may not exceed the amount authorized by
   3-22  Subchapter F, Chapter 552, Government Code.
   3-23        SECTION 4.  Section 6.03(a), Tax Code, is amended to read as
   3-24  follows:
   3-25        (a)  The appraisal district is governed by a board of five
   3-26  directors.  To be eligible to serve on the board of directors, an
   3-27  individual must be a resident of the district and <must> have
    4-1  resided in the district for at least two years immediately
    4-2  preceding the date the individual takes office, and may not owe
    4-3  delinquent taxes to any taxing unit served by the district.  In an
    4-4  appraisal district established for a county having a population of
    4-5  more than 50,000, an individual who has served for all or part of
    4-6  three previous terms on the board is ineligible to serve on the
    4-7  board.  In an appraisal district established for any other county,
    4-8  an individual who has served for all or part of two consecutive
    4-9  terms on the board is ineligible to serve on the board during a
   4-10  term that begins on the next January 1 following the second of
   4-11  those consecutive terms.  To be eligible to serve on the board of
   4-12  an appraisal district established for a county having a population
   4-13  of at least 200,000 bordering a county having a population of at
   4-14  least 2,000,000 and the Gulf of Mexico, an individual must be a
   4-15  member of the governing body or an elected officer of a taxing unit
   4-16  entitled to vote on the appointment of board members under this
   4-17  section. However, an employee of a taxing unit that participates in
   4-18  the district is not eligible to serve on the board unless the
   4-19  individual is also a member of the governing body or an elected
   4-20  official of a taxing unit that participates in the district.
   4-21        SECTION 5.  Section 6.05(c), Tax Code, is amended to read as
   4-22  follows:
   4-23        (c)  The chief appraiser is the chief administrator of the
   4-24  appraisal office.  The chief appraiser is appointed by and serves
   4-25  at the pleasure of the appraisal district board of directors.  If a
   4-26  taxing unit performs the duties of the appraisal office pursuant to
   4-27  a contract, the assessor for the unit is the chief appraiser.  To
    5-1  be eligible to serve as chief appraiser, a person must:
    5-2              (1)  meet or exceed the educational qualifications
    5-3  required under Article 8886, Revised Statutes, for registration as
    5-4  a senior property tax consultant; and
    5-5              (2)  have passed the examination required for
    5-6  registration as a senior property tax consultant under that
    5-7  article.
    5-8        SECTION 6.  Section 11.18, Tax Code, is amended by adding
    5-9  Subsection (k) to read as follows:
   5-10        (k)  The amount of an exemption under Subsection (a) may not
   5-11  exceed the amount computed by multiplying the market value of the
   5-12  organization's property subject to the exemption in the taxing unit
   5-13  by the ratio of the organization's charitable functions to all of
   5-14  the organization's functions, as determined by the chief appraiser.
   5-15        SECTION 7.  Section 11.23(i), Tax Code, is amended to read as
   5-16  follows:
   5-17        (i)  Community Service Clubs.  An association that qualifies
   5-18  as a community service club is entitled to an exemption from
   5-19  taxation of the tangible property the club owns that qualifies
   5-20  under Article VIII, Section 2, of the constitution and that is not
   5-21  used for profit or held for gain.  To qualify as a community
   5-22  service club for the purposes of this subsection, an association
   5-23  must:
   5-24              (1)  be organized to promote and must engage
   5-25  <primarily> in promoting:
   5-26                    (A)  the religious, educational, and physical
   5-27  development of boys, girls, young men, or young women;
    6-1                    (B)  the development of the concepts of
    6-2  patriotism and love of country; or <and>
    6-3                    (C)  the development of interest in community,
    6-4  national, and international affairs;
    6-5              (2)  be affiliated with a state or national
    6-6  organization of similar purpose;
    6-7              (3)  be open to membership without regard to race,
    6-8  religion, or national origin; and
    6-9              (4)  be operated in a way that does not result in
   6-10  accrual of distributable profits, realization of private gain
   6-11  resulting from payment of compensation in excess of a reasonable
   6-12  allowance for salary or other compensation for services rendered,
   6-13  or realization of any other form of private gain.
   6-14        SECTION 8.  Section 25.02(a), Tax Code, is amended to read as
   6-15  follows:
   6-16        (a)  The appraisal records shall be in the form prescribed by
   6-17  the comptroller and shall include:
   6-18              (1)  the name and address of the owner or, if the name
   6-19  or address is unknown, a statement that it is unknown;
   6-20              (2)  a description of real property;
   6-21              (3)  a description of separately taxable estates or
   6-22  interests in real property, including taxable possessory interests
   6-23  in exempt real property;
   6-24              (4)  a description of personal property;
   6-25              (5)  the appraised value of land and, if the land is
   6-26  appraised as provided by Subchapter C, D, or E, Chapter 23 of this
   6-27  code, the market value of the land;
    7-1              (6)  the appraised value of improvements to land;
    7-2              (7)  the appraised value of a separately taxable estate
    7-3  or interest in land;
    7-4              (8)  the appraised value of personal property;
    7-5              (9)  the kind of any partial exemption the owner is
    7-6  entitled to receive, whether the exemption applies to appraised or
    7-7  assessed value, and, in the case of an exemption authorized by
    7-8  Section 11.23 of this code, the amount of the exemption;
    7-9              (10)  the tax year to which the appraisal applies; and
   7-10              (11)  an identification of each taxing unit in which
   7-11  the property is taxable.
   7-12        SECTION 9.  Section 41.43, Tax Code, is amended to read as
   7-13  follows:
   7-14        Sec. 41.43.  Protest of Inequality of Appraisal.  A protest
   7-15  on the ground of unequal appraisal of property shall be determined
   7-16  in favor of the protesting party if the protesting party
   7-17  establishes that the appraised value <appraisal ratio> of the
   7-18  property is greater than the median level of appraisal of:
   7-19              (1)  a reasonable and representative sample of other
   7-20  properties in the appraisal district; or
   7-21              (2)  a sample of properties in the appraisal district
   7-22  consisting of a reasonable number of other properties similarly
   7-23  situated to, or of the same general kind or character as, the
   7-24  property subject to the protest.
   7-25        SECTION 10.  Subchapter B, Chapter 42, Tax Code, is amended
   7-26  by adding Section 42.255 to read as follows:
   7-27        Sec. 42.255.  REMEDY FOR DENIAL OF APPRAISAL AS LAND
    8-1  DESIGNATED FOR AGRICULTURAL USE.  If the court determines that
    8-2  property for which appraisal under Subchapter C or D, Chapter 23,
    8-3  has been denied is eligible for appraisal under the applicable
    8-4  subchapter, the property owner is entitled to a reduction of the
    8-5  appraised value on the appraisal roll to the appraised value
    8-6  determined by the court.
    8-7        SECTION 11.  Section 42.29, Tax Code, is amended to read as
    8-8  follows:
    8-9        Sec. 42.29.  Attorney's Fees.  A property owner who prevails
   8-10  in an appeal to the court under Section 42.25, 42.255, or <Section>
   8-11  42.26 of this code may be awarded reasonable attorney's fees not to
   8-12  exceed the greater of $15,000 or 20 percent of the total amount by
   8-13  which the property owner's tax liability is reduced as a result of
   8-14  the appeal. The award of attorney's fees, however, may not exceed
   8-15  the total amount by which the property owner's tax liability is
   8-16  reduced as a result of the appeal.
   8-17        SECTION 12.  This Act takes effect January 1, 1996.
   8-18        SECTION 13.  The importance of this legislation and the
   8-19  crowded condition of the calendars in both houses create an
   8-20  emergency and an imperative public necessity that the
   8-21  constitutional rule requiring bills to be read on three several
   8-22  days in each house be suspended, and this rule is hereby suspended.