By: Patterson S.B. No. 1015
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the correction of an ad valorem tax appraisal roll.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 25.25, Tax Code, is amended by amending
1-4 Subsection (e) and adding Subsections (l), (m), and (n) to read as
1-5 follows:
1-6 (e) A party bringing a motion under Subsection (c) or (d)
1-7 [of this section] is entitled on request to a hearing on and a
1-8 determination of the motion by the appraisal review board. A party
1-9 bringing a motion under this section must describe the error or
1-10 errors that the motion is seeking to correct. Not later than 15
1-11 days before the date of the hearing, the board shall [must] deliver
1-12 written notice of the date, time, and place of the hearing to the
1-13 chief appraiser, the property owner, and the presiding officer of
1-14 the governing body of each taxing unit in which the property is
1-15 located. The chief appraiser, the property owner, and each taxing
1-16 unit are entitled to present evidence and argument at the hearing
1-17 and to receive written notice of the board's determination of the
1-18 motion. A property owner who files the motion must comply with the
1-19 payment requirements of Section 42.08 [of this code] or forfeit the
1-20 [he forfeits his] right to a final determination of the motion.
1-21 (l) A motion may be filed under Subsection (c) regardless of
1-22 whether, for a tax year to which the motion relates, the owner of
1-23 the property protested under Chapter 41 an action relating to the
2-1 value of the property that is the subject of the motion.
2-2 (m) The hearing on a motion under Subsection (c) or (d)
2-3 shall be conducted in the manner provided by Subchapter C, Chapter
2-4 41.
2-5 (n) The appraisal review board shall accept and consider a
2-6 motion filed by an agent of a property owner if an agency
2-7 authorization is filed at or before the hearing on the motion.
2-8 SECTION 2. Section 42.01, Tax Code, is amended to read as
2-9 follows:
2-10 Sec. 42.01. RIGHT OF APPEAL BY PROPERTY OWNER. A property
2-11 owner is entitled to appeal:
2-12 (1) an order of the appraisal review board
2-13 determining:
2-14 (A) a protest by the property owner as provided
2-15 by Subchapter C of Chapter 41 [of this code]; or
2-16 (B) a determination of an appraisal review board
2-17 on a motion filed under Section 25.25; or
2-18 (2) [an order of the comptroller determining a protest
2-19 by the property owner of the appraisal, interstate allocation, or
2-20 intrastate apportionment of transportation business intangibles as
2-21 provided by Subchapter A, Chapter 24 of this code; or]
2-22 [(3)] an order of the comptroller issued as provided
2-23 by Subchapter B, Chapter 24, [of this code] apportioning among the
2-24 counties the appraised value of railroad rolling stock owned by the
2-25 property owner.
3-1 SECTION 3. The change in law made by Section 1 of this Act
3-2 applies only to a motion to correct an appraisal roll filed on or
3-3 after the effective date of this Act. A motion filed before the
3-4 effective date of this Act is covered by the law in effect when the
3-5 motion was filed, and that law is continued in effect for that
3-6 purpose.
3-7 SECTION 4. This Act takes effect September 1, 1997.
3-8 SECTION 5. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended.