By Palmer                                             H.B. No. 1245
         76R5624 SMH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the annual ratio study of an appraisal district and the
 1-3     annual school district property value study.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 5.10, Tax Code, is amended to read as
 1-6     follows:
 1-7           Sec. 5.10.  RATIO STUDIES.  (a)  An [The comptroller shall
 1-8     conduct an] annual study shall be conducted in each appraisal
 1-9     district to determine the degree of uniformity of and the median
1-10     level of appraisals by the appraisal district within each major
1-11     category of property.  The study shall be conducted in accordance
1-12     with standards adopted by the comptroller by rule.  The comptroller
1-13     may adopt the Standard on Ratio Studies, International Association
1-14     of Assessing Officers, if the comptroller determines that standard
1-15     to be appropriate. The comptroller shall establish the major
1-16     categories of property for purposes of this subsection.
1-17           (b)  A study in an appraisal district established for a
1-18     county with a population of 125,000 or more shall be conducted by
1-19     that appraisal district.  A study in an appraisal district
1-20     established for a county with a population of less than 125,000
1-21     shall be conducted by the comptroller unless the appraisal district
1-22     chooses to conduct the study.  An appraisal district may contract
1-23     with another person to conduct a study for that appraisal district.
1-24     The comptroller may:
 2-1                 (1)  audit a study conducted by an appraisal district
 2-2     or by another person on behalf of an appraisal district; and
 2-3                 (2)  conduct a study in an appraisal district if the
 2-4     comptroller determines that the study conducted by that appraisal
 2-5     district or by another person on behalf of that appraisal district
 2-6     was not conducted in accordance with standards adopted by the
 2-7     comptroller.
 2-8           (c)  The comptroller shall publish a report of the findings
 2-9     of each [the] study conducted under this section, including in the
2-10     report the median levels of appraisal for each major category of
2-11     property, the coefficient of dispersion around the median level of
2-12     appraisal for each major category of property, and any other
2-13     standard statistical measures that the comptroller considers
2-14     appropriate, as computed by the person conducting the study.  The
2-15     person [In] conducting the study[, the comptroller] shall apply
2-16     appropriate standard statistical analysis techniques to data
2-17     collected as part of the annual study of school district taxable
2-18     values required by Section 403.302, Government Code.
2-19           (d) [(b)]  The published findings [of a ratio study conducted
2-20     by the comptroller] shall be distributed to all members of the
2-21     legislature and to all appraisal districts.
2-22           (e)  A person [(c) In] conducting a study under this
2-23     section[, the comptroller] or the person's [comptroller's]
2-24     authorized representative may enter the premises of a business,
2-25     trade, or profession and inspect the property to determine the
2-26     existence and market value of property used for the production of
2-27     income.  An inspection under this subsection must be made during
 3-1     normal business hours or at a time mutually agreeable to the person
 3-2     conducting the study [comptroller] or the person's [comptroller's]
 3-3     authorized representative and the person in control of the
 3-4     premises.
 3-5           SECTION 2.  Sections 5.101(a) and (b), Tax Code, are amended
 3-6     to read as follows:
 3-7           (a)  The comptroller shall appoint a technical advisory
 3-8     committee for the purpose of providing professional and practical
 3-9     expertise to the comptroller and to review and comment on the
3-10     methodology used [by the comptroller] to conduct the annual studies
3-11     required by Section 5.10 [of this code] and by Section 403.302,
3-12     Government Code.  A member of the committee serves at the will of
3-13     the comptroller.
3-14           (b)  The committee shall:
3-15                 (1)  review the methodology used [by the comptroller]
3-16     to conduct the studies described in Subsection (a) [of this
3-17     section];
3-18                 (2)  make an annual report to the comptroller that
3-19     includes the committee's findings and recommendations relating to
3-20     the methodology used to conduct the studies; and
3-21                 (3)  meet as often as necessary to perform its duties,
3-22     but not less often than semi-annually.
3-23           SECTION 3.  Sections 5.12(a), (d), and (f), Tax Code, are
3-24     amended to read as follows:
3-25           (a)  The comptroller shall audit the performance of an
3-26     appraisal district if one or more of the following conditions exist
3-27     according to each of two consecutive annual studies conducted [by
 4-1     the comptroller] under Section 5.10 [of this code], regardless of
 4-2     whether the prescribed condition or conditions that exist are the
 4-3     same for each of those studies:
 4-4                 (1)  the overall median level of appraisal for all
 4-5     property in the district for which [the comptroller determines] a
 4-6     median level of appraisal is determined is less than 0.75;
 4-7                 (2)  the coefficient of dispersion around the overall
 4-8     median level of appraisal of the properties used to determine the
 4-9     overall median level of appraisal for all property in the district
4-10     for which [the comptroller determines] a median level of appraisal
4-11     is determined exceeds 0.30; or
4-12                 (3)  the difference between the median levels of
4-13     appraisal for any two classes of property in the district for which
4-14     [the comptroller determines] a median level of appraisal is
4-15     determined is more than 0.45.
4-16           (d)  A request for a performance audit of an appraisal
4-17     district may not be made under Subsection (b) or (c) [of this
4-18     section] if according to each of the two most recently published
4-19     annual studies conducted [by the comptroller] under Section 5.10
4-20     [of this code]:
4-21                 (1)  the overall median level of appraisal for all
4-22     property in the district for which [the comptroller determines] a
4-23     median level of appraisal is determined is more than 0.90 and less
4-24     than 1.10;
4-25                 (2)  the coefficient of dispersion around the overall
4-26     median level of appraisal of the properties used to determine the
4-27     overall median level of appraisal for all property in the district
 5-1     for which [the comptroller determines] a median level of appraisal
 5-2     is determined is less than 0.15; and
 5-3                 (3)  the difference between the highest and lowest
 5-4     median levels of appraisal in the district for the classes of
 5-5     property for which [the comptroller determines] a median level of
 5-6     appraisal is determined is less than 0.20.
 5-7           (f)  For purposes of this section, "class of property" means
 5-8     a major category [kind] of property for which [the comptroller
 5-9     determines] a median level of appraisal is determined under Section
5-10     5.10 [of this code].
5-11           SECTION 4.  Section 42.26(c), Tax Code, is amended to read as
5-12     follows:
5-13           (c)  For purposes of establishing the median level of
5-14     appraisal under Subsection (a)(1), the median level of appraisal in
5-15     the appraisal district as determined [by the comptroller] under
5-16     Section 5.10 is admissible as evidence of the median level of
5-17     appraisal of a reasonable and representative sample of properties
5-18     in the appraisal district for the year of the [comptroller's]
5-19     determination, subject to the Texas Rules of Evidence and the Texas
5-20     Rules of Civil Procedure.
5-21           SECTION 5.  Section 403.302, Government Code, as amended by
5-22     Section 44, Chapter 1039, Section 63, Chapter 1040, and Section 27,
5-23     Chapter 1071, Acts of the 75th Legislature, Regular Session, 1997,
5-24     is reenacted and amended to read as follows:
5-25           Sec. 403.302.  DETERMINATION OF SCHOOL DISTRICT PROPERTY
5-26     VALUES.  (a)  An [The comptroller shall conduct an] annual study
5-27     shall be conducted using comparable sales and generally accepted
 6-1     auditing and sampling techniques to determine the total taxable
 6-2     value of all property in each school district.  The study shall be
 6-3     conducted in accordance with standards adopted by the comptroller
 6-4     by rule.  The comptroller may adopt the Standard on Ratio Studies,
 6-5     International Association of Assessing Officers, if the comptroller
 6-6     determines that standard to be appropriate.  The study shall
 6-7     determine the taxable value of all property and of each major
 6-8     category of property in the district, as established by the
 6-9     comptroller under Section 5.10, Tax Code, and the productivity
6-10     value of all land that qualifies for appraisal on the basis of its
6-11     productive capacity and for which the owner has applied for and
6-12     received a productivity appraisal.  Each person conducting a study
6-13     [The comptroller] shall make appropriate adjustments in the study
6-14     to account for actions taken under Chapter 41, Education Code.
6-15           (b)  A study relating to a school district for which an
6-16     appraisal district established for a county with a population of
6-17     125,000 or more appraises property shall be conducted by the
6-18     appraisal district.  A study relating to a school district for
6-19     which an appraisal district established for a county with a
6-20     population of less than 125,000 appraises property shall be
6-21     conducted by the comptroller unless the appraisal district chooses
6-22     to conduct the study.  An appraisal district may contract with
6-23     another person to conduct a study relating to a school district for
6-24     which the appraisal district appraises property.  If a school
6-25     district participates in more than one appraisal district, a
6-26     separate study shall be conducted in each appraisal district in
6-27     which the school district participates for the appropriate portion
 7-1     of the school district. The comptroller may:
 7-2                 (1)  audit any study conducted by an appraisal district
 7-3     or by another person on behalf of an appraisal district; and
 7-4                 (2)  conduct a study relating to a school district for
 7-5     which an appraisal district appraises property if the comptroller
 7-6     determines that the study conducted by that appraisal district or
 7-7     by another person on behalf of that appraisal district was not
 7-8     conducted in accordance with standards adopted by the comptroller.
 7-9           (c)  The person [In] conducting a [the] study relating to a
7-10     school district[, the comptroller] shall determine the taxable
7-11     value of property in the [each] school district:
7-12                 (1)  using, if appropriate, samples selected through
7-13     generally accepted sampling techniques; and
7-14                 (2)  according to generally accepted standard
7-15     valuation, statistical compilation, and analysis techniques.
7-16           (d) [(c)]  If the person conducting a study relating to a
7-17     school district [comptroller] determines [in the annual study] that
7-18     the market value of property in the [a] school district according
7-19     to the appraisal roll for the tax year for which the study is
7-20     conducted [as determined by the appraisal district that appraises
7-21     property for the school district], less the total of the amounts
7-22     and values listed in Subsection (e) according to the appraisal roll
7-23     [(d) as determined by that appraisal district], is valid, the
7-24     market value of property in the school district according to the
7-25     appraisal roll for the tax year for which the study is conducted
7-26     [as determined by the appraisal district that appraises property
7-27     for the school district], less the total of the amounts and values
 8-1     listed in Subsection (e) according to the appraisal roll [(d) as
 8-2     determined by that appraisal district], is presumed to represent
 8-3     taxable value. If the person conducts the study for only a portion
 8-4     of a school district that participates in more than one appraisal
 8-5     district, the person shall make the determination only for that
 8-6     portion of the school district. In the absence of [such] a
 8-7     presumption under this subsection, the taxable value is the value
 8-8     determined [by the comptroller] under Subsection (a).
 8-9           (e) [(d)]  For the purposes of this section, "taxable value"
8-10     means the market value of all taxable property less:
8-11                 (1)  the total dollar amount of any residence homestead
8-12     exemptions lawfully granted under Section 11.13(b) or (c), Tax
8-13     Code, in the year that is the subject of the study for each school
8-14     district;
8-15                 (2)  the total dollar amount of any exemptions granted
8-16     before May 31, 1993, within a reinvestment zone under agreements
8-17     authorized by Chapter 312, Tax Code;
8-18                 (3)  the total dollar amount of any captured appraised
8-19     value of property that is located in a reinvestment zone on August
8-20     31, 1999, generates a tax increment paid into a tax increment fund,
8-21     and is eligible for tax increment financing under Chapter 311, Tax
8-22     Code, under a reinvestment zone financing plan approved under
8-23     Section 311.011(d), Tax Code, before September 1, 1999;
8-24                 (4)  the total dollar amount of any exemptions granted
8-25     under Section 11.251, Tax Code;
8-26                 (5)  the difference between the [comptroller's estimate
8-27     of the] market value and the productivity value of land that
 9-1     qualifies for appraisal on the basis of its productive capacity,
 9-2     except that the productivity value [estimated by the comptroller]
 9-3     may not exceed the fair market value of the land;
 9-4                 (6)  the portion of the appraised value of residence
 9-5     homesteads of the elderly on which school district taxes are not
 9-6     imposed in the year that is the subject of the study, calculated as
 9-7     if the residence homesteads were appraised at the full value
 9-8     required by law;
 9-9                 (7)  a portion of the market value of property not
9-10     otherwise fully taxable by the district at market value because of
9-11     action required by statute or the constitution of this state that,
9-12     if the tax rate adopted by the district is applied to it, produces
9-13     an amount equal to the difference between the tax that the district
9-14     would have imposed on the property if the property were fully
9-15     taxable at market value and the tax that the district is actually
9-16     authorized to impose on the property, if this subsection does not
9-17     otherwise require that portion to be deducted;
9-18                 (8)  the market value of all tangible personal
9-19     property, other than manufactured homes, owned by a family or
9-20     individual and not held or used for the production of income;
9-21                 (9)  the appraised value of property the collection of
9-22     delinquent taxes on which is deferred under Section 33.06, Tax
9-23     Code;
9-24                 (10)  the portion of the appraised value of property
9-25     the collection of delinquent taxes on which is deferred under
9-26     Section 33.065, Tax Code; and
9-27                 (11)  the amount by which the market value of a
 10-1    residence homestead to which Section 23.23, Tax Code, applies
 10-2    exceeds the appraised value of that property as calculated under
 10-3    that section.
 10-4          (f)  A [(e)  The] study shall determine the values as of
 10-5    January 1 of each year.
 10-6          (g)  If a study is conducted by an appraisal district or by
 10-7    another person on behalf of an appraisal district, the appraisal
 10-8    district shall provide a copy of the study to the comptroller. If a
 10-9    school district is the subject of more than one study because the
10-10    school district participates in more than one appraisal district,
10-11    the comptroller shall combine the findings of the studies.
10-12    [(f)]  The comptroller shall publish preliminary findings, listing
10-13    values by school district, before February 1 of the year following
10-14    the year of a [the] study.  Preliminary findings shall be delivered
10-15    to each school district and shall be certified to the commissioner
10-16    of education.
10-17          [(g)  On request of the commissioner of education or a school
10-18    district, the comptroller may audit a school district to determine
10-19    the total taxable value of property in the school district,
10-20    including the productivity values of land only if the land
10-21    qualifies for appraisal on that basis and the owner of the land has
10-22    applied for and received a productivity appraisal.  The comptroller
10-23    shall certify the comptroller's findings to the commissioner.]
10-24          [(h)  For purposes of Sections 41.0011 and 42.2511, Education
10-25    Code, for the 1996 and 1997 tax years, the comptroller shall
10-26    certify to the commissioner of education:]
10-27                [(1)  a final value for each school district computed
 11-1    on a residence homestead exemption under Section 1-b(c), Article
 11-2    VIII, Texas Constitution, of $5,000; and]
 11-3                [(2)  a final value for each school district computed
 11-4    on:]
 11-5                      [(A)  a residence homestead exemption under
 11-6    Section 1-b(c), Article VIII, Texas Constitution, of $15,000; and]
 11-7                      [(B)  the effect of the additional limitation on
 11-8    tax increases under Section 1-b(d), Article VIII, Texas
 11-9    Constitution, as proposed by H.J.R. No. 4, 75th Legislature,
11-10    Regular Session, 1997.]
11-11          [(i)  Subsection (h) and this subsection expire September 1,
11-12    1999.]
11-13          SECTION 6.  Sections 403.303(a)-(c), Government Code, are
11-14    amended to read as follows:
11-15          (a)  A school district or a property owner whose property is
11-16    included in the study under Section 403.302 and whose tax liability
11-17    on the property is $100,000 or more may protest the [comptroller's]
11-18    findings under Section 403.302(g) [403.302(f) or (g)] by filing a
11-19    petition with the comptroller. The petition must be filed not later
11-20    than the 40th day after the date on which the [comptroller's]
11-21    findings are certified to the commissioner of education and must
11-22    specify the grounds for objection and the value claimed to be
11-23    correct by the school district or property owner.
11-24          (b)  After receipt of a petition, the comptroller shall
11-25    notify the commissioner of education of the values specified by the
11-26    school district or property owner. If the study was conducted by an
11-27    appraisal district or by another person acting on behalf of the
 12-1    appraisal district, the comptroller shall also notify the appraisal
 12-2    district. If the school district participates in more than one
 12-3    appraisal district, the comptroller shall notify each appraisal
 12-4    district in which the school district participates, in the case of
 12-5    a petition filed by a school district, or the appraisal district
 12-6    that appraises the property owner's property, in the case of a
 12-7    petition filed by a property owner. The comptroller [and] shall
 12-8    hold a hearing.  The comptroller or the appraisal district, as
 12-9    appropriate, has the burden to prove the accuracy of the findings.
12-10    Until a final decision is made by the comptroller, the taxable
12-11    value of property in the district is determined, with respect to
12-12    property subject to the protest, according to the value claimed by
12-13    the school district or property owner, except that the value to be
12-14    used while a final decision is pending may not be less than the
12-15    appraisal roll value for the year of the study.  If after a hearing
12-16    the comptroller concludes that the findings should be changed, the
12-17    comptroller shall order the appropriate changes and shall certify
12-18    the changes to the commissioner of education.  The comptroller
12-19    shall complete all protest hearings and certify all changes as
12-20    necessary to comply with Chapter 42, Education Code.  A hearing
12-21    conducted under this subsection is not a contested case for
12-22    purposes of Section 2001.003.
12-23          (c)  The comptroller shall adopt procedural rules governing
12-24    the conduct of protest hearings.  The rules shall provide each
12-25    protesting school district and property owner with the requirements
12-26    for submitting a petition initiating a protest and shall provide
12-27    each protesting school district and property owner and an appraisal
 13-1    district described by Subsection (b) with adequate notice of a
 13-2    hearing, an opportunity to present evidence and oral argument, and
 13-3    notice of the comptroller's decision on the hearing.
 13-4          SECTION 7.  Section 403.304, Government Code, is amended to
 13-5    read as follows:
 13-6          Sec. 403.304.  CONFIDENTIALITY.  (a)  All information a
 13-7    person conducting a study under Section 403.302 [the comptroller]
 13-8    obtains from a person, other than a government or governmental
 13-9    subdivision or agency, under an assurance that the information will
13-10    be kept confidential, in the course of conducting the [a] study [of
13-11    school district values] is confidential and may not be disclosed
13-12    except as provided in Subsection (b).
13-13          (b)  Information made confidential by this section may be
13-14    disclosed:
13-15                (1)  in a judicial or administrative proceeding
13-16    pursuant to a lawful subpoena;
13-17                (2)  to the person who gave the information to the
13-18    person conducting the study [comptroller]; or
13-19                (3)  for statistical purposes if in a form that does
13-20    not identify specific property or a specific property owner.
13-21          SECTION 8.  This Act takes effect September 1, 1999, and
13-22    applies only to an annual ratio study of an appraisal district or
13-23    an annual school district property value study conducted for a tax
13-24    year that begins on or after January 1, 2000.
13-25          SECTION 9.  The importance of this legislation and the
13-26    crowded condition of the calendars in both houses create an
13-27    emergency and an imperative public necessity that the
 14-1    constitutional rule requiring bills to be read on three several
 14-2    days in each house be suspended, and this rule is hereby suspended.