By Brimer                                       H.B. No. 3171

      75R3552 SMH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the administration of appraisal review boards and to

 1-3     the appointment and qualifications of appraisal review board

 1-4     members and auxiliary members.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Sections 6.41(b), (d), (e), and (f), Tax Code,

 1-7     are amended to read as follows:

 1-8           (b)  The board consists of three members.  However, the

 1-9     commissioners court of the county for which the appraisal district

1-10     is established [board of directors] by resolution of a majority of

1-11     the [its] members of the court may increase the size of the

1-12     appraisal review board to not more than nine members or, in a

1-13     district established for a county with a population of at least

1-14     250,000, to not more than 15 members or, in a district established

1-15     for a county with a population of at least one million, to not more

1-16     than 30 members or, in a district established for a county with a

1-17     population of at least 1,500,000, to not more than 45 members.

1-18           (d)  Members of the board are appointed by resolution of a

1-19     majority of the members of the commissioners court of the county

1-20     for which the appraisal district is established [board of

1-21     directors].  A vacancy on the board is filled in the same manner

1-22     for the unexpired portion of the term.

1-23           (e)  Members of the board hold office for terms of two years

1-24     beginning January 1.  A majority of the members of the

 2-1     commissioners court of the county for which the [The] appraisal

 2-2     district is established [board of directors] by resolution shall

 2-3     provide for staggered terms, so that the terms of as close to

 2-4     one-half of the members as possible expire each year.  In making

 2-5     the initial appointments, the commissioners court [board of

 2-6     directors] shall designate those members who serve terms of one

 2-7     year.

 2-8           (f)  A member of the board may be removed from the board by a

 2-9     majority [vote] of the members of the commissioners court of the

2-10     county for which the appraisal district is established [board of

2-11     directors].  Grounds for removal are:

2-12                 (1)  a violation of Section 6.412 or 6.413; or

2-13                 (2)  good cause relating to the attendance of members

2-14     at called meetings of the board as established by written policy

2-15     adopted by a majority of the appraisal district board of directors.

2-16           SECTION 2.  Section 6.411, Tax Code, is amended to read as

2-17     follows:

2-18           Sec. 6.411.  AUXILIARY [BOARD] MEMBERS IN CERTAIN COUNTIES.

2-19     (a)  A majority of the members of the commissioners court of the

2-20     county for which [The board of directors of] an appraisal district

2-21     is established may appoint auxiliary members to [the appraisal

2-22     review board to] hear taxpayer protests before the appraisal review

2-23     board and to assist the board in performing its other duties.

2-24           (b)  The number of auxiliary members that may be appointed

2-25     is:

2-26                 (1)  for a county with a population of 1,000,000 or

2-27     more, not more than 30 auxiliary members;

 3-1                 (2)  for a county with a population of at least 500,000

 3-2     but less than 1,000,000, not more than 20 auxiliary members;

 3-3                 (3)  for a county with a population of at least 250,000

 3-4     but less than 500,000, not more than 10 auxiliary members; and

 3-5                 (4)  for a county with a population of less than

 3-6     250,000, not more than 6 auxiliary members.

 3-7           (c)  Sections 6.41(c), (d), and (e) and Sections 6.412, [and]

 3-8     6.413, and 6.44 apply to auxiliary [board] members [appointed under

 3-9     this section].

3-10           (d)  An auxiliary member [of the appraisal review board

3-11     appointed under this section] may not vote in a determination made

3-12     by the board[, may not serve as chairman or secretary of the

3-13     board,] and is not included in determining what constitutes a

3-14     quorum of the board or whether a quorum is present at any meeting

3-15     of the board.

3-16           (e)  An auxiliary member [of the appraisal review board

3-17     appointed under this section] is entitled to make a recommendation

3-18     to the board in a protest heard by the member but is not entitled

3-19     to vote on the determination of the protest by the board.

3-20           (f)  An auxiliary member [of the appraisal review board

3-21     appointed under this section] is entitled to [the] per diem [set by

3-22     the appraisal district budget] for each day on which the member

3-23     actively engages in performing the member's duties under Subsection

3-24     (a) or (e) and is entitled to actual and necessary expenses

3-25     incurred in performing those duties in the same manner as [other]

3-26     members of the appraisal review board.

3-27           SECTION 3.  Section 6.42(c), Tax Code, is amended to read as

 4-1     follows:

 4-2           (c)  Members of the board are entitled to per diem [set by

 4-3     the  appraisal district budget] for each day the board meets and to

 4-4     reimbursement for actual and necessary expenses incurred in the

 4-5     performance of board functions [as provided by the district

 4-6     budget].  A majority of the members of the commissioners court of

 4-7     the county for which the appraisal district is established by

 4-8     resolution or order shall set the amount of per diem.  The county

 4-9     shall issue a warrant for the per diem or expenses of a board

4-10     member based on a voucher submitted by the board member in the

4-11     manner provided by Subchapter C, Chapter 113, Local Government

4-12     Code.  The appraisal district shall reimburse the county for the

4-13     amount of per diem and expenses.

4-14           SECTION 4.  Subchapter C, Chapter 6, Tax Code, is amended by

4-15     adding Section 6.44 to read as follows:

4-16           Sec. 6.44.  TRAINING OF BOARD MEMBERS.  (a) A member of an

4-17     appraisal review board shall successfully complete a course of

4-18     instruction of at least:

4-19                 (1)  40 hours on this title and related law; and

4-20                 (2)  24 hours on dispute resolution, at least 8 hours

4-21     of which focuses on resolving disputes between a governmental

4-22     agency and a member of the public.

4-23           (b)  The commissioners court of the county for which the

4-24     appraisal district is established shall provide the training

4-25     described by Subsection (a) or contract in the manner provided by

4-26     Subchapter C, Chapter 271, Local Government Code, with a person to

4-27     provide the training.  The appraisal district shall reimburse the

 5-1     county for the cost of the training.

 5-2           (c)  The appraisal district may train members of the board on

 5-3     district procedures.

 5-4           (d)  A member of an appraisal review board who does not

 5-5     comply with this section before the 91st day after the date the

 5-6     member begins service on the board is ineligible to continue

 5-7     serving on the board.

 5-8           SECTION 5.  (a)  This Act takes effect January 1, 1998.

 5-9           (b)  As soon as practicable on or after the effective date of

5-10     this Act, the commissioners court of the county for which an

5-11     appraisal district is established by resolution shall in the manner

5-12     provided by Section 6.41, Tax Code, as amended by this Act, appoint

5-13     the members of the appraisal review board for the district.  In

5-14     making the initial appointments, the commissioners court shall

5-15     designate those members who serve terms of one year.

5-16           (c)  The term of an appraisal review board member serving on

5-17     December 31, 1997, expires on January 1, 1998.

5-18           (d)  Auxiliary members may be appointed under Section 6.411,

5-19     Tax Code, as amended by this Act, by the commissioners court of the

5-20     county for which an appraisal district is established on or after

5-21     January 1, 1998.

5-22           (e)  The term of an auxiliary member serving on December 31,

5-23     1997, expires on January 1, 1998.

5-24           SECTION 6.  The importance of this legislation and the

5-25     crowded condition of the calendars in both houses create an

5-26     emergency and an imperative public necessity that the

5-27     constitutional rule requiring bills to be read on three several

 6-1     days in each house be suspended, and this rule is hereby suspended.