By Mowery                                             H.B. No. 2330
         76R8199 SMH-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the governance of appraisal districts by the elected
 1-3     county tax assessor-collector and to related changes to the
 1-4     administration of appraisal districts and appraisal review boards.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Sections 5.102(b) and (c), Tax Code, are amended
 1-7     to read as follows:
 1-8           (b)  If the review results in a finding that an appraisal
 1-9     district is not in compliance with generally accepted appraisal
1-10     standards and practices, the comptroller shall deliver a report
1-11     that details the comptroller's findings and recommendations for
1-12     improvement to the county assessor-collector who governs the
1-13     appraisal district [district's chief appraiser and board of
1-14     directors].
1-15           (c)  If noncompliance by an appraisal district with generally
1-16     accepted appraisal standards and practices is found in two
1-17     consecutive reviews and if the county assessor-collector who
1-18     governs the [an affected] appraisal district fails [district's
1-19     chief appraiser and board of directors fail] to take effective
1-20     remedial action as determined by the comptroller, the comptroller
1-21     may appoint a special master who may exercise supervision and
1-22     control over the operations of the district until full compliance
1-23     with generally accepted appraisal standards and practices is
1-24     achieved.  The appraisal district shall bear the costs related to
 2-1     the master's supervision and control.
 2-2           SECTION 2.   Section 5.12(b), Tax Code, is amended to read as
 2-3     follows:
 2-4           (b)  At the written request of the governing bodies of a
 2-5     majority of the taxing units participating in an appraisal district
 2-6     or of a majority of the group of taxing units composed of the
 2-7     municipalities, school districts, and county participating in an
 2-8     [entitled to vote on the appointment of] appraisal district
 2-9     [directors], the comptroller shall audit the performance of the
2-10     appraisal district.  The governing bodies may request a general
2-11     audit of the performance of the appraisal district or may request
2-12     an audit of only one or more particular duties, practices,
2-13     functions, departments, or other appraisal district matters.
2-14           SECTION 3.   Sections 5.13(c), (f), and (h), Tax Code, are
2-15     amended to read as follows:
2-16           (c)  The comptroller must approve the specific plan for the
2-17     performance audit of an appraisal district.  Before approving an
2-18     audit plan, the comptroller must provide any interested person an
2-19     opportunity to appear before the comptroller and to comment on the
2-20     proposed plan.  Not later than the 20th day before the date the
2-21     comptroller considers the plan for an appraisal district
2-22     performance audit, the comptroller must notify the county
2-23     assessor-collector who governs [presiding officer of] the appraisal
2-24     district [board of directors] that the comptroller intends to
2-25     consider the plan.  The notice must include the time, date, and
2-26     place of the meeting to consider the plan.  [Immediately after
2-27     receiving the notice, the presiding officer shall deliver a copy of
 3-1     the notice to the other members of the appraisal district board of
 3-2     directors.]
 3-3           (f)  The comptroller shall report the results of its audit in
 3-4     writing to the governing body of each taxing unit that participates
 3-5     in the appraisal district and[,] to the county assessor-collector
 3-6     who governs [chief appraiser, and to the presiding officer of] the
 3-7     appraisal district [board of directors].  If the audit was
 3-8     requested under Section 5.12(c) [of this code], the comptroller
 3-9     shall also provide a report to a representative of the property
3-10     owners who requested the audit.
3-11           (h)  At any time after the request for an audit is made, the
3-12     comptroller may discontinue the audit in whole or in part if
3-13     requested to do so by:
3-14                 (1)  the governing bodies of a majority of the taxing
3-15     units participating in the district, if the audit was requested by
3-16     a majority of those units;
3-17                 (2)  the governing bodies of a majority of the group of
3-18     taxing units composed of the municipalities, school districts, and
3-19     county participating in the [entitled to vote on the appointment
3-20     of] appraisal district [directors], if the audit was requested by a
3-21     majority of those units; or
3-22                 (3)  if the audit was requested under Section 5.12(c)
3-23     [of this code], by the taxpayers who requested the audit.
3-24           SECTION 4.   Sections 6.02(b) and (c), Tax Code, are amended
3-25     to read as follows:
3-26           (b)  A taxing unit that has boundaries extending into two or
3-27     more counties may choose to participate in only one of the
 4-1     appraisal districts.  In that event, the boundaries of the district
 4-2     chosen extend outside the county to the extent of the unit's
 4-3     boundaries.  To be effective, the choice must be approved by the
 4-4     county assessor-collector who governs [resolution of the board of
 4-5     directors of] the district chosen.  The choice of a school district
 4-6     to participate in a single appraisal district does not apply to
 4-7     property annexed to the school district under Subchapter C or G,
 4-8     Chapter 41, Education Code, unless:
 4-9                 (1)  the school district taxes property other than
4-10     property annexed to the district under Subchapter C or G, Chapter
4-11     41, Education Code, in the same county as the annexed property; or
4-12                 (2)  the annexed property is contiguous to property in
4-13     the school district other than property annexed to the district
4-14     under Subchapter C or G, Chapter 41, Education Code.
4-15           (c)  A taxing unit that has chosen to participate in a single
4-16     appraisal district under Subsection (b) [of this section] may
4-17     revoke that choice and, if permitted to do so by Subsection (b),
4-18     choose to participate in a single appraisal district other than the
4-19     one previously chosen.  [A taxing unit that has withdrawn from an
4-20     appraisal district under this subsection and chosen to participate
4-21     in another single appraisal district may not under this subsection
4-22     withdraw from that district.]
4-23           SECTION 5.  Sections 6.03 and 6.05, Tax Code, are amended to
4-24     read as follows:
4-25           Sec. 6.03.  GOVERNANCE [BOARD] OF APPRAISAL DISTRICT
4-26     [DIRECTORS].  (a)  An [The] appraisal district is governed by the
4-27     assessor-collector of the county for which the district is
 5-1     established.
 5-2           (b)  The county assessor-collector is entitled to
 5-3     compensation as provided by the appraisal district budget.  [a
 5-4     board of directors.  Five directors are appointed by the taxing
 5-5     units that participate in the district as provided by this section.
 5-6     If the county assessor-collector is not appointed to the board, the
 5-7     county assessor-collector serves as a nonvoting director.  The
 5-8     county assessor-collector is ineligible to serve if the board
 5-9     enters into a contract under Section 6.05(b) or if the
5-10     commissioners court of the county enters into a contract under
5-11     Section 6.24(b).  To be eligible to serve on the board of
5-12     directors, an individual other than a county assessor-collector
5-13     serving as a nonvoting director must be a resident of the district
5-14     and must have resided in the district for at least two years
5-15     immediately preceding the date the individual takes office.  An
5-16     individual who is otherwise eligible to serve on the board is not
5-17     ineligible because of membership on the governing body of a taxing
5-18     unit.  To be eligible to serve on the board of an appraisal
5-19     district established for a county having a population of at least
5-20     200,000 bordering a county having a population of at least
5-21     2,000,000 and the Gulf of Mexico, an individual other than a county
5-22     assessor-collector serving as a nonvoting director must be a member
5-23     of the governing body or an elected officer of a taxing unit
5-24     entitled to vote on the appointment of board members under this
5-25     section.  However, an employee of a taxing unit that participates
5-26     in the district is not eligible to serve on the board unless the
5-27     individual is also a member of the governing body or an elected
 6-1     official of a taxing unit that participates in the district.]
 6-2           [(b)  Members of the board of directors other than a county
 6-3     assessor-collector serving as a nonvoting director serve two-year
 6-4     terms beginning on January 1 of even-numbered years.]
 6-5           [(c)  Members of the board of directors other than a county
 6-6     assessor-collector serving as a nonvoting director are appointed by
 6-7     vote of the governing bodies of the incorporated cities and towns,
 6-8     the school districts, and, if entitled to vote, the conservation
 6-9     and reclamation districts that participate in the district and of
6-10     the county.  A governing body may cast all its votes for one
6-11     candidate or distribute them among candidates for any number of
6-12     directorships.  Conservation and reclamation districts are not
6-13     entitled to vote unless at least one conservation and reclamation
6-14     district in the district delivers to the chief appraiser a written
6-15     request to nominate and vote on the board of directors by June 1 of
6-16     each odd-numbered year.  On receipt of a request, the chief
6-17     appraiser shall certify a list by June 15 of all eligible
6-18     conservation and reclamation districts that are imposing taxes and
6-19     that participate in the district.]
6-20           [(d)  The voting entitlement of a taxing unit that is
6-21     entitled to vote for directors is determined by dividing the total
6-22     dollar amount of property taxes imposed in the district by the
6-23     taxing unit for the preceding tax year by the sum of the total
6-24     dollar amount of property taxes imposed in the district for that
6-25     year by each taxing unit that is entitled to vote, by multiplying
6-26     the quotient by 1,000, and by rounding the product to the nearest
6-27     whole number.  That number is multiplied by the number of
 7-1     directorships to be filled.  A taxing unit participating in two or
 7-2     more districts is entitled to vote in each district in which it
 7-3     participates, but only the taxes imposed in a district are used to
 7-4     calculate voting entitlement in that district.]
 7-5           [(e)  The chief appraiser shall calculate the number of votes
 7-6     to which each taxing unit other than a conservation and reclamation
 7-7     district is entitled and shall deliver written notice to each of
 7-8     those units of its voting entitlement before October 1 of each
 7-9     odd-numbered year.  The chief appraiser shall deliver the notice:]
7-10                 [(1)  to the county judge and each commissioner of the
7-11     county served by the appraisal district;]
7-12                 [(2)  to the presiding officer of the governing body of
7-13     each city or town participating in the appraisal district, to the
7-14     city manager of each city or town having a city manager, and to the
7-15     city secretary or clerk, if there is one, of each city or town that
7-16     does not have a city manager; and]
7-17                 [(3)  to the presiding officer of the governing body of
7-18     each school district participating in the district and to the
7-19     superintendent of those school districts.]
7-20           [(f)  The chief appraiser shall calculate the number of votes
7-21     to which each conservation and reclamation district entitled to
7-22     vote for district directors is entitled and shall deliver written
7-23     notice to the presiding officer of each conservation and
7-24     reclamation district of its voting entitlement and right to
7-25     nominate a person to serve as a director of the district before
7-26     July 1 of each odd-numbered year.]
7-27           [(g)  Each taxing unit other than a conservation and
 8-1     reclamation district that is entitled to vote may nominate by
 8-2     resolution adopted by its governing body one candidate for each
 8-3     position to be filled on the board of directors.  The presiding
 8-4     officer of the governing body of the unit shall submit the names of
 8-5     the unit's nominees to the chief appraiser before October 15.]
 8-6           [(h)  Each conservation and reclamation district entitled to
 8-7     vote may nominate by resolution adopted by its governing body one
 8-8     candidate for the district's board of directors.  The presiding
 8-9     officer of the conservation and reclamation district's governing
8-10     body shall submit the name of the district's nominee to the chief
8-11     appraiser before July 15 of each odd-numbered year.  Before August
8-12     1, the chief appraiser shall prepare a nominating ballot, listing
8-13     all the nominees of conservation and reclamation districts
8-14     alphabetically by surname, and shall deliver a copy of the
8-15     nominating ballot to the presiding officer of the board of
8-16     directors of each district.  The board of directors of each
8-17     district shall determine its vote by resolution and submit it to
8-18     the chief appraiser before August 15.  The nominee on the ballot
8-19     with the most votes is the nominee of the conservation and
8-20     reclamation districts in the appraisal district if the nominee
8-21     received more than 10 percent of the votes entitled to be cast by
8-22     all of the conservation and reclamation districts in the appraisal
8-23     district, and shall be named on the ballot with the candidates
8-24     nominated by the other taxing units.  The chief appraiser shall
8-25     resolve a tie vote by any method of chance.]
8-26           [(i)  If no nominee of the conservation and reclamation
8-27     districts receives more than 10 percent of the votes entitled to be
 9-1     cast under Subsection (h), the chief appraiser, before September 1,
 9-2     shall notify the presiding officer of the board of directors of
 9-3     each conservation and reclamation district of the failure to select
 9-4     a nominee.  Each conservation and reclamation district may submit a
 9-5     nominee by September 15 to the chief appraiser as provided by
 9-6     Subsection (h).  The chief appraiser shall submit a second
 9-7     nominating ballot by October 1 to the conservation and reclamation
 9-8     districts as provided by Subsection (h).  The conservation and
 9-9     reclamation districts shall submit their votes for nomination
9-10     before October 15 as provided by Subsection (h).  The nominee on
9-11     the second nominating ballot with the most votes is the nominee of
9-12     the conservation and reclamation districts in the appraisal
9-13     district and shall be named on the ballot with the candidates
9-14     nominated by the other taxing units.  The chief appraiser shall
9-15     resolve a tie vote by any method of chance.]
9-16           [(j)  Before October 30, the chief appraiser shall prepare a
9-17     ballot, listing the candidates alphabetically according to the
9-18     first letter in each candidate's surname, and shall deliver a copy
9-19     of the ballot to the presiding officer of the governing body of
9-20     each taxing unit that is entitled to vote.]
9-21           [(k)  The governing body of each taxing unit entitled to vote
9-22     shall determine its vote by resolution and submit it to the chief
9-23     appraiser before November 15.  The chief appraiser shall count the
9-24     votes, declare the five candidates who receive the largest
9-25     cumulative vote totals elected, and submit the results before
9-26     December 1 to the governing body of each taxing unit in the
9-27     district and to the candidates. For purposes of determining the
 10-1    number of votes received by the candidates, the candidate receiving
 10-2    the most votes of the conservation and reclamation districts is
 10-3    considered to have received all of the votes cast by conservation
 10-4    and reclamation districts and the other candidates are considered
 10-5    not to have received any votes of the conservation and reclamation
 10-6    districts. The chief appraiser shall resolve a tie vote by any
 10-7    method of chance.]
 10-8          [(l)  If a vacancy occurs on the board of directors other
 10-9    than a vacancy in the position held by a county assessor-collector
10-10    serving as a nonvoting director, each taxing unit that is entitled
10-11    to vote by this section may nominate by resolution adopted by its
10-12    governing body a candidate to fill the vacancy.  The unit shall
10-13    submit the name of its nominee to the chief appraiser within 10
10-14    days after notification from the board of directors of the
10-15    existence of the vacancy, and the chief appraiser shall prepare and
10-16    deliver to the board of directors within the next five days a list
10-17    of the nominees.  The board of directors shall elect by majority
10-18    vote of its members one of the nominees to fill the vacancy.]
10-19          [(m)  If a school district participates in an appraisal
10-20    district in which the only property of the school district located
10-21    in the appraisal district is property annexed to the school
10-22    district under Subchapter C or G, Chapter 41, Education Code, an
10-23    individual who does not meet the residency requirements of
10-24    Subsection (a) is eligible to be appointed to the board of
10-25    directors of the appraisal district if:]
10-26                [(1)  the individual is a resident of the school
10-27    district; and]
 11-1                [(2)  the individual is nominated as a candidate for
 11-2    the board of directors by the school district or, if the taxing
 11-3    units have adopted a change in the method of appointing board
 11-4    members that does not require a nomination, the school district
 11-5    appoints or participates in the appointment of the individual.]
 11-6          Sec. 6.05.  APPRAISAL OFFICE; CHIEF APPRAISER.  (a)  Except
 11-7    as authorized by Subsection (b) [of this section], each appraisal
 11-8    district shall establish an appraisal office.  The appraisal office
 11-9    must be located in the county for which the district is
11-10    established.  An appraisal district may establish branch appraisal
11-11    offices outside the county for which the district is established.
11-12          (b)  The county assessor-collector who governs [board of
11-13    directors of] an appraisal district may contract with an appraisal
11-14    office in another district or with a taxing unit in the district to
11-15    perform the duties of the appraisal office for the district.
11-16          (c)  The county assessor-collector serves as the chief
11-17    appraiser for the appraisal district unless the county
11-18    assessor-collector appoints another person to serve as the chief
11-19    appraiser.
11-20          (d)  A county assessor-collector who appoints another person
11-21    to serve as the chief appraiser shall notify the comptroller and
11-22    each taxing unit that participates in the appraisal district of
11-23    that appointment.
11-24          (e)  An appointed chief appraiser serves at the pleasure of
11-25    the county assessor-collector and acts on behalf of the county
11-26    assessor-collector on all matters delegated to the appointed chief
11-27    appraiser by the county assessor-collector.
 12-1          (f)  The chief appraiser is the chief administrator of the
 12-2    appraisal office.  [The chief appraiser is appointed by and serves
 12-3    at the pleasure of the appraisal district board of directors.  If a
 12-4    taxing unit performs the duties of the appraisal office pursuant to
 12-5    a contract, the assessor for the unit is the chief appraiser.]
 12-6          (g)  An appointed [(d)  The] chief appraiser is entitled to
 12-7    compensation as provided by the appraisal district budget [adopted
 12-8    by the board of directors].  The chief appraiser [He] may employ
 12-9    and compensate professional, clerical, and other personnel as
12-10    provided by the budget.
12-11          (h) [(e)]  The chief appraiser may delegate authority to the
12-12    chief appraiser's [his] employees.
12-13          [(f)  The chief appraiser may not employ any individual
12-14    related to a member of the board of directors within the second
12-15    degree by affinity or within the third degree by consanguinity, as
12-16    determined under Chapter 573, Government Code.  A person commits an
12-17    offense if the person intentionally or knowingly violates this
12-18    subsection.  An offense under this subsection is a misdemeanor
12-19    punishable by a fine of not less than $100 or more than $1,000.]
12-20          [(g)  The chief appraiser is an officer of the appraisal
12-21    district for purposes of the nepotism law, Chapter 573, Government
12-22    Code.  An appraisal district may not employ or contract with an
12-23    individual or the spouse of an individual who is related to the
12-24    chief appraiser within the first degree by consanguinity or
12-25    affinity, as determined under Chapter 573, Government Code.]
12-26          [(h)  The board of directors of an appraisal district by
12-27    resolution may prescribe that specified actions of the chief
 13-1    appraiser relating to the finances or administration of the
 13-2    appraisal district are subject to the approval of the board.]
 13-3          SECTION 6.  Section 6.051, Tax Code, is amended to read as
 13-4    follows:
 13-5          Sec. 6.051.  Ownership or Lease of Real Property.  (a)  The
 13-6    county assessor-collector who governs [board of directors of] an
 13-7    appraisal district may purchase or lease real property and may
 13-8    construct improvements as necessary to establish and operate the
 13-9    appraisal office or a branch appraisal office.
13-10          (b)  The acquisition or conveyance of real property or the
13-11    construction or renovation of a building or other improvement by an
13-12    appraisal district must be approved by the governing bodies of
13-13    three-fourths of the group of taxing units composed of the
13-14    municipalities, school districts, and county participating in the
13-15    appraisal district [entitled to vote on the appointment of board
13-16    members].  The county assessor-collector [board of directors by
13-17    resolution] may propose a property transaction or other action for
13-18    which this subsection requires approval of the taxing units.  The
13-19    county assessor-collector [chief appraiser] shall notify the
13-20    presiding officer of each governing body entitled to vote on the
13-21    approval of the proposal by delivering a copy of the proposal
13-22    [board's resolution], together with information showing the costs
13-23    of other available alternatives to the proposal.  On or before the
13-24    30th day after the date the presiding officer receives notice of
13-25    the proposal, the governing body of a taxing unit by resolution may
13-26    approve or disapprove the proposal.  If a governing body fails to
13-27    act on or before that 30th day or fails to file its resolution with
 14-1    the county assessor-collector [chief appraiser] on or before the
 14-2    10th day after that 30th day, the proposal is treated as if it were
 14-3    disapproved by the governing body.
 14-4          (c)  The county assessor-collector [board of directors] may
 14-5    convey real property owned by the district, and the proceeds shall
 14-6    be credited to each taxing unit that participates in the district
 14-7    in proportion to the unit's allocation of the appraisal district
 14-8    budget in the year in which the transaction occurs.  A conveyance
 14-9    must be approved as provided by Subsection (b) [of this section],
14-10    and any proceeds shall be apportioned by an amendment to the annual
14-11    budget made as provided by Section 6.06(c) [Subsection (c) of
14-12    Section 6.06 of this code].
14-13          [(d)  An acquisition of real property by an appraisal
14-14    district before January 1, 1988, may be validated before March 1,
14-15    1988, in the manner provided by Subsection (b) of this section for
14-16    the acquisition of real property.]
14-17          SECTION 7.  Section 6.06, Tax Code, is amended by amending
14-18    Subsections (a)-(d) and (f)-(j) and adding Subsection (k) to read
14-19    as follows:
14-20          (a)  Each year the county assessor-collector [chief
14-21    appraiser] shall prepare a proposed budget for the operations of
14-22    the district for the following tax year and shall submit copies to
14-23    each taxing unit participating in the district [and to the district
14-24    board of directors] before June 15.  The county assessor-collector
14-25    [He] shall include in the budget a list showing each proposed
14-26    position, the proposed salary for the position, all benefits
14-27    proposed for the position, each proposed capital expenditure, and
 15-1    an estimate of the amount of the budget that will be allocated to
 15-2    each taxing unit.  Each municipality, each school district, and the
 15-3    county participating in the district [taxing unit entitled to vote
 15-4    on the appointment of board members] shall maintain a copy of the
 15-5    proposed budget for public inspection at its principal
 15-6    administrative office.
 15-7          (b)  The county assessor-collector [board of directors] shall
 15-8    hold a public hearing to consider the budget.  The county
 15-9    assessor-collector [secretary of the board] shall deliver to the
15-10    presiding officer of the governing body of each taxing unit
15-11    participating in the district not later than the 10th day before
15-12    the date of the hearing a written notice of the date, time, and
15-13    place fixed for the hearing.  The county assessor-collector [board]
15-14    shall complete the [its] hearings, make necessary [any] amendments
15-15    to the proposed budget [it desires], and finally approve a budget
15-16    before September 15.  If governing bodies of a majority of the
15-17    group of taxing units composed of the municipalities, school
15-18    districts, and county participating in the appraisal district
15-19    [taxing units entitled to vote on the appointment of board members]
15-20    adopt resolutions disapproving a budget and file them with the
15-21    county assessor-collector [secretary of the board] within 30 days
15-22    after its adoption, the budget does not take effect, and the county
15-23    assessor-collector [board] shall adopt a new budget within 30 days
15-24    of the disapproval.
15-25          (c)  The county assessor-collector [board] may amend the
15-26    approved budget at any time, but [the secretary of the board] must
15-27    deliver a written copy of a proposed amendment to the presiding
 16-1    officer of the governing body of each taxing unit participating in
 16-2    the district not later than the 30th day before the date the county
 16-3    assessor-collector approves the amendment [board acts on it].
 16-4          (d)  Each taxing unit participating in the district is
 16-5    allocated a portion of the amount of the budget equal to the
 16-6    proportion that the total taxable value [dollar amount] of property
 16-7    located [taxes imposed] in the unit [district by the unit] for the
 16-8    tax year in which the budget proposal is prepared bears to the sum
 16-9    of the total taxable value [dollar amount] of property located
16-10    [taxes imposed] in each participating unit [the district by each
16-11    participating unit] for that year.  For purposes of this
16-12    subsection, the taxable value for each taxing unit is determined
16-13    separately, without regard to the inclusion of the same property in
16-14    the determination of the taxable value for other taxing units.  If
16-15    a taxing unit participates in two or more districts, only the
16-16    taxable value of property appraised for the unit by [taxes imposed
16-17    in] a district is [are] used to calculate the unit's cost
16-18    allocations in that district.  If the number of real property
16-19    parcels in a taxing unit is less than 5 percent of the total number
16-20    of real property parcels in the district and the total taxable
16-21    value of property located in the taxing unit exceeds [imposes in
16-22    excess of] 25 percent of the sum of the total taxable value of
16-23    property in each participating taxing unit [total amount of the
16-24    property taxes imposed in the district by all of the participating
16-25    taxing units] for a year, the unit's allocation may not exceed a
16-26    percentage of the appraisal district's budget equal to three times
16-27    the unit's percentage of the total number of real property parcels
 17-1    appraised by the district.
 17-2          (f)  Payments shall be made to a depository designated by the
 17-3    county assessor-collector [district board of directors].  The
 17-4    district's funds may be disbursed only by a written check, draft,
 17-5    or order signed by the county assessor-collector [chairman and
 17-6    secretary of the board or, if authorized by resolution of the
 17-7    board, by the chief appraiser].
 17-8          (g)  If a taxing unit decides not to impose taxes for any tax
 17-9    year, the unit is not liable for any of the costs of operating the
17-10    district in that year, and those costs are allocated among the
17-11    other taxing units [as if that unit had not imposed taxes in the
17-12    year used to calculate allocations].  However, if that unit has
17-13    made any payments, it is not entitled to a refund.
17-14          (h)  If a newly formed taxing unit or a taxing unit that did
17-15    not impose taxes in the preceding year imposes taxes in any tax
17-16    year, that unit is allocated a portion of the amount budgeted to
17-17    operate the district.  The total taxable value for the current year
17-18    of property in the unit and appraised for the unit by the district
17-19    [as if it had imposed taxes in the preceding year, except that the
17-20    amount of taxes the unit imposes in the current year] is used to
17-21    calculate its allocation.  Before the total taxable value for the
17-22    current year of property in the unit and appraised for the unit by
17-23    the district [amount of taxes to be imposed for the current year]
17-24    is known, the allocation may be based on an estimate to which the
17-25    county assessor-collector [district board of directors] and the
17-26    governing body of the unit agree, and the payments made after that
17-27    amount is known shall be adjusted to reflect the actual amount
 18-1    [imposed].  The payments of a newly formed taxing unit that has no
 18-2    source of funds are postponed until the unit has received adequate
 18-3    tax or other revenues.
 18-4          (i)  The fiscal year of an appraisal district is the calendar
 18-5    year unless the governing bodies of three-fourths of the group of
 18-6    taxing units composed of the municipalities, school districts, and
 18-7    county participating in the appraisal district [taxing units
 18-8    entitled to vote on the appointment of board members] adopt
 18-9    resolutions proposing a different fiscal year and file them with
18-10    the county assessor-collector [secretary of the board] not more
18-11    than 12 and not less than eight months before the first day of the
18-12    fiscal year proposed by the resolutions.  If the fiscal year of an
18-13    appraisal district is changed under this subsection, the county
18-14    assessor-collector [chief appraiser] shall prepare a proposed
18-15    budget for the fiscal year as provided by Subsection (a) [of this
18-16    section] before the 15th day of the seventh month preceding the
18-17    first day of the fiscal year established by the change, and [the
18-18    board of directors] shall adopt a budget for the fiscal year as
18-19    provided by Subsection (b) [of this section] before the 15th day of
18-20    the fourth month preceding the first day of the fiscal year
18-21    established by the change.  Unless the appraisal district adopts a
18-22    different method of allocation under Section 6.061 [of this code],
18-23    the allocation of the budget to each taxing unit shall be
18-24    calculated as provided by Subsection (d) [of this section] using
18-25    the appropriate total taxable values [amount of property taxes
18-26    imposed by each participating taxing unit] in the most recent tax
18-27    year preceding the fiscal year established by the change for which
 19-1    the necessary information is available.  Each taxing unit shall pay
 19-2    its allocation as provided by Subsection (e) [of this section],
 19-3    except that the first payment shall be made before the first day of
 19-4    the fiscal year established by the change and subsequent payments
 19-5    shall be made quarterly.  In the year in which a change in the
 19-6    fiscal year occurs, the budget that takes effect on January 1 of
 19-7    that year may be amended as necessary as provided by Subsection (c)
 19-8    [of this section in order] to accomplish the change in fiscal
 19-9    years.
19-10          (j)  If the total amount of the payments made or due to be
19-11    made by the taxing units participating in an appraisal district
19-12    exceeds the amount actually spent or obligated to be spent during
19-13    the fiscal year for which the payments were made, the county
19-14    assessor-collector [chief appraiser] shall credit the excess amount
19-15    against each taxing unit's allocated payments for the following
19-16    year in proportion to the amount of each unit's budget allocation
19-17    for the fiscal year for which the payments were made.  If a taxing
19-18    unit that paid its allocated amount is not allocated a portion of
19-19    the district's budget for the following fiscal year, the county
19-20    assessor-collector [chief appraiser] shall refund to the taxing
19-21    unit its proportionate share of the excess funds not later than the
19-22    150th day after the end of the fiscal year for which the payments
19-23    were made.
19-24          (k)  In this subsection, "special district or authority"
19-25    means any taxing unit other than a school district, municipality,
19-26    or county and includes a junior college district or hospital
19-27    district.  Notwithstanding any other provision of this section, if
 20-1    the sum total portion of the budget of the appraisal district
 20-2    allocated under another provision of this section to the special
 20-3    districts or authorities that participate in the appraisal district
 20-4    exceeds 10 percent of the budget, the sum total portion of the
 20-5    budget that may be allocated to those special districts or
 20-6    authorities may not exceed 10 percent.  The other provisions of
 20-7    this section govern the allocation of:
 20-8                (1)  that portion of the budget among the special
 20-9    districts or authorities if more than one special district or
20-10    authority participates in the appraisal district; and
20-11                (2)  the remainder of the budget among the other taxing
20-12    units that participate in the appraisal district.
20-13          SECTION 8.  Section 6.061, Tax Code, is amended to read as
20-14    follows:
20-15          Sec. 6.061.  CHANGES IN METHOD OF FINANCING.  (a)  The county
20-16    assessor-collector who governs [board of directors of] an appraisal
20-17    district, by signed order [resolution adopted and] delivered to
20-18    each taxing unit participating in the district after June 15 and
20-19    before August 15, may prescribe a different method of allocating
20-20    the costs of operating the district unless the governing body of
20-21    any taxing unit that participates in the district adopts a
20-22    resolution opposing the different method, and files it with the
20-23    county assessor-collector [board of directors] before September 1.
20-24    If a [board] proposal is rejected, the county assessor-collector
20-25    [board] shall notify, in writing, each taxing unit participating in
20-26    the district before September 15.
20-27          (b)  The taxing units participating in an appraisal district
 21-1    may adopt a different method of allocating the costs of operating
 21-2    the district if the governing bodies of three-fourths of the group
 21-3    of taxing units composed of the municipalities, school districts,
 21-4    and county participating in the appraisal district [taxing units
 21-5    that are entitled to vote on the appointment of board members]
 21-6    adopt resolutions providing for the other method.  However, a
 21-7    change under this subsection is not valid if it requires any taxing
 21-8    unit to pay a greater proportion of the appraisal district's costs
 21-9    than the unit would pay under Section 6.06 [of this code] without
21-10    the consent of the governing body of that unit.
21-11          (c)  An official copy of a resolution under this section must
21-12    be filed with the county assessor-collector [chief appraiser of the
21-13    appraisal district] after April 30 and before May 15 or the
21-14    resolution is ineffective.
21-15          (d)  Before May 20, the county assessor-collector [chief
21-16    appraiser] shall determine whether a sufficient number of eligible
21-17    taxing units have filed valid resolutions proposing a change in the
21-18    allocation of district costs for the change to take effect.  Before
21-19    May 25, the county assessor-collector [chief appraiser] shall
21-20    notify each taxing unit participating in the district of each
21-21    change that is adopted.
21-22          (e)  A change in allocation of district costs made as
21-23    provided by this section remains in effect until changed in a
21-24    manner provided by this section or rescinded by resolution of a
21-25    majority of the governing bodies of the group of taxing units
21-26    composed of the municipalities, school districts, and county
21-27    participating in the appraisal district [that are entitled to vote
 22-1    on appointment of board members under Section 6.03 of this code].
 22-2          SECTION 9.   Sections 6.062(a) and (c), Tax Code, are amended
 22-3    to read as follows:
 22-4          (a)  Not later than the 10th day before the date of the
 22-5    public hearing at which the county assessor-collector [board of
 22-6    directors] considers the appraisal district budget, the county
 22-7    assessor-collector [chief appraiser] shall give notice of the
 22-8    public hearing by publishing the notice in a newspaper having
 22-9    general circulation in the county for which the appraisal district
22-10    is established.  The notice may not be smaller than one-quarter
22-11    page of a standard-size or tabloid-size newspaper and may not be
22-12    published in the part of the paper in which legal notices and
22-13    classified advertisements appear.
22-14          (c)  The notice must state that the appraisal district is
22-15    supported solely by payments from the local taxing units served by
22-16    the appraisal district.  The notice must also contain the following
22-17    statement:  "If approved by the county assessor-collector
22-18    [appraisal district board of directors] at the public hearing, this
22-19    proposed budget will take effect automatically unless disapproved
22-20    by the governing bodies of the county, school districts, and
22-21    municipalities [cities, and towns] served by the appraisal
22-22    district.  A copy of the proposed budget is available for public
22-23    inspection in the office of each of those governing bodies."
22-24          SECTION 10.   Section 6.063, Tax Code, is amended to read as
22-25    follows:
22-26          Sec. 6.063.  Financial Audit.  (a)  At least once each year,
22-27    the county assessor-collector who governs [board of directors of]
 23-1    an appraisal district shall have prepared an audit of its affairs
 23-2    by an independent certified public accountant or a firm of
 23-3    independent certified public accountants.
 23-4          (b)  The report of the audit is a public record.  A copy of
 23-5    the report shall be delivered to the county assessor-collector, the
 23-6    county judge, and the presiding officer of the governing body of
 23-7    each municipality and school district participating in the
 23-8    appraisal district [taxing unit eligible to vote on the appointment
 23-9    of district directors], and a reasonable number of copies shall be
23-10    available for inspection at the appraisal office.
23-11          SECTION 11.   Sections 6.09(b) and (c), Tax Code, are amended
23-12    to read as follows:
23-13          (b)  The county assessor-collector who governs an appraisal
23-14    district [board of directors] shall designate as the district
23-15    depository the financial institution or institutions that offer the
23-16    most favorable terms and conditions for the handling of the
23-17    district's funds.
23-18          (c)  The county assessor-collector [board] shall solicit bids
23-19    to be designated as depository for the district at least once in
23-20    each two-year period.
23-21          SECTION 12.   Sections 6.11(a) and (b), Tax Code, are amended
23-22    to read as follows:
23-23          (a)  The county assessor-collector who governs [board of
23-24    directors of] an appraisal district may not make a contract for the
23-25    district requiring an expenditure of more than $15,000 unless the
23-26    proposed contract is submitted to competitive bidding.
23-27          (b)  The county assessor-collector [board of directors] is
 24-1    subject to the same requirements and has the same powers regarding
 24-2    the following matters as apply to a commissioners court under the
 24-3    Certificate of Obligation Act of 1971 (Subchapter C, Chapter 271,
 24-4    Local Government Code):
 24-5                (1)  notice of the contract;
 24-6                (2)  issuance of the contract to the lowest responsible
 24-7    bidder;
 24-8                (3)  rejection of bids;
 24-9                (4)  expenditure of funds on the completion and
24-10    acceptance of the contract;
24-11                (5)  exceptions to the competitive bidding requirement;
24-12                (6)  change orders; and
24-13                (7)  effect of noncompliance with the competitive
24-14    bidding requirements.
24-15          SECTION 13.   Section 6.12(a), Tax Code, is amended to read
24-16    as follows:
24-17          (a)  The county assessor-collector who governs an [chief
24-18    appraiser of each] appraisal district shall appoint[, with the
24-19    advice and consent of the board of directors,] an agricultural
24-20    advisory board composed of three or more members as determined by
24-21    the needs of the district [board].
24-22          SECTION 14.  Subchapter A, Chapter 6, Tax Code, is amended by
24-23    adding Section 6.14 to read as follows:
24-24          Sec. 6.14.  CONTRACTS WITH TAXING UNITS.  The county
24-25    assessor-collector who governs an appraisal district may contract
24-26    with the governing body of a taxing unit that participates in the
24-27    appraisal district to consolidate employee benefit plans, vendor
 25-1    contracts, leases, or purchases if the consolidation will reduce
 25-2    the costs of those items for the appraisal district and the taxing
 25-3    unit.
 25-4          SECTION 15.  Sections 6.24(a) and (b), Tax Code, are amended
 25-5    to read as follows:
 25-6          (a)  The governing body of a taxing unit other than a county
 25-7    may contract as provided by the Interlocal Cooperation Act with the
 25-8    governing body of another taxing unit [or with the board of
 25-9    directors of an appraisal district] for the other unit [or the
25-10    district] to perform duties relating to the assessment or
25-11    collection of taxes.
25-12          (b)  The commissioners court with the approval of the county
25-13    assessor-collector may contract as provided by the Interlocal
25-14    Cooperation Act with the governing body of another taxing unit in
25-15    the county [or with the board of directors of the appraisal
25-16    district] for the other unit [or the district] to perform duties
25-17    relating to the assessment or collection of taxes for the county.
25-18    If a county contracts to have its taxes assessed and collected by
25-19    another taxing unit [or by the appraisal district], the contract
25-20    shall require the other unit [or the district] to assess and
25-21    collect all taxes the county is required to assess and collect.
25-22          SECTION 16.  Section 6.26(f), Tax Code, is amended to read as
25-23    follows:
25-24          (f)  If a majority of the qualified voters voting on the
25-25    question in the election favor the proposition, the entity or
25-26    office named by the ballot shall perform the functions named by the
25-27    ballot beginning with the next time property taxes are assessed or
 26-1    collected, as applicable, that is more than 90 days after the date
 26-2    of the election.  If the governing bodies, [(]and the county
 26-3    assessor-collector who governs the appraisal district [board of
 26-4    directors] when the district is involved,[)] agree, a function may
 26-5    be consolidated when performance of the function begins in less
 26-6    than 90 days after the date of the election.
 26-7          SECTION 17.  Sections 6.41(b), (c), (d), (e), and (f), Tax
 26-8    Code, are amended to read as follows:
 26-9          (b)  The board consists of three members.  However, the
26-10    county assessor-collector who governs the appraisal district [board
26-11    of directors by resolution of a majority of its members] may
26-12    increase the size of the appraisal review board to not more than
26-13    nine members or, in a district established for a county with a
26-14    population of at least 250,000, to not more than 15 members or, in
26-15    a district established for a county with a population of at least
26-16    one million, to not more than 30 members or, in a district
26-17    established for a county with a population of at least 1,500,000,
26-18    to not more than 45 members.
26-19          (c)  To be eligible to serve on the board, an individual must
26-20    be a resident of the district and must have resided in the district
26-21    for at least two years.  An [A member of the appraisal district
26-22    board of directors or an] officer or employee of the comptroller,
26-23    the appraisal office, or a taxing unit is ineligible to serve on
26-24    the board.  In an appraisal district established for a county
26-25    having a population of more than 300,000, an individual who has
26-26    served for all or part of three previous terms as a board member or
26-27    auxiliary board member on the appraisal review board, is a former
 27-1    member of the governing body or an officer [or employee] of a
 27-2    taxing unit, or is a former director, officer, or employee of the
 27-3    appraisal district is ineligible to serve on the appraisal review
 27-4    board.  In an appraisal district established for any other county,
 27-5    an individual who has served for all or part of three consecutive
 27-6    terms as a board member or auxiliary board member on the appraisal
 27-7    review board is ineligible to serve on the appraisal review board
 27-8    during a term that begins on the next January 1 following the third
 27-9    of those consecutive terms.
27-10          (d)  Members of the board are appointed by the governing
27-11    bodies of the group of taxing units composed of the municipalities,
27-12    school districts, and county participating in the appraisal
27-13    district in accordance with a procedure adopted by the county
27-14    assessor-collector who governs the appraisal district.  The
27-15    procedure shall provide for equal representation of each
27-16    municipality, school district, and county participating in the
27-17    appraisal district, to the extent practicable [by resolution of a
27-18    majority of the appraisal district board of directors].  A vacancy
27-19    on the board is filled in the same manner for the unexpired portion
27-20    of the term.
27-21          (e)  Members of the board hold office for terms of two years
27-22    beginning January 1.  The county assessor-collector [appraisal
27-23    district board of directors by resolution] shall provide for
27-24    staggered terms, so that the terms of as close to one-half of the
27-25    members as possible expire each year.  In making the initial
27-26    appointments, the county assessor-collector [board of directors]
27-27    shall designate those members who serve terms of one year.
 28-1          (f)  A member of the board may be removed from the board by
 28-2    the county assessor-collector who governs [a majority vote of] the
 28-3    appraisal district [board of directors].  Grounds for removal are:
 28-4                (1)  a violation of Section 6.412 or 6.413; or
 28-5                (2)  good cause relating to the attendance of members
 28-6    at called meetings of the board as established by written policy
 28-7    adopted by the county assessor-collector [a majority of the
 28-8    appraisal district board of directors].
 28-9          SECTION 18.  Section 6.411(a), Tax Code, is amended to read
28-10    as follows:
28-11          (a)  The county assessor-collector who governs [board of
28-12    directors of] an appraisal district may appoint auxiliary members
28-13    to hear taxpayer protests before the appraisal review board and to
28-14    assist the board in performing its other duties.  The appointment
28-15    of an auxiliary member must be approved by resolutions adopted by a
28-16    majority of the group of taxing units composed of the
28-17    municipalities, school districts, and county participating in the
28-18    appraisal district.
28-19          SECTION 19.  Section 25.01(b), Tax Code, is amended to read
28-20    as follows:
28-21          (b)  The county assessor-collector who governs the appraisal
28-22    district [chief appraiser with the approval of the board of
28-23    directors of the district] may contract with a private appraisal
28-24    firm to perform appraisal services for the district, subject to the
28-25    county assessor-collector's [his] approval.  A contract for private
28-26    appraisal services is void if the amount of compensation to be paid
28-27    the private appraisal firm is contingent on the amount of or
 29-1    increase in appraised, assessed, or taxable value of property
 29-2    appraised by the appraisal firm.
 29-3          SECTION 20.  Section 25.19(g), Tax Code, is amended to read
 29-4    as follows:
 29-5          (g)  The county assessor-collector who governs the appraisal
 29-6    district [chief appraiser, with the approval of the appraisal
 29-7    district board of directors,] may dispense with the notice required
 29-8    by [Subdivision (1) of] Subsection (a)(1) [of this section] if the
 29-9    amount of increase in appraised value is $1,000 or less.
29-10          SECTION 21.  Section 25.25(b), Tax Code, is amended to read
29-11    as follows:
29-12          (b)  The chief appraiser may change the appraisal roll at any
29-13    time to correct a name or address, a description of property, or a
29-14    clerical error or other inaccuracy as prescribed by board rule that
29-15    does not increase the amount of tax liability.  Before the 10th day
29-16    after the end of each calendar quarter, the chief appraiser shall
29-17    submit to the appraisal review board [and to the board of directors
29-18    of the appraisal district] a written report of each change made
29-19    under this subsection that decreases the tax liability of the owner
29-20    of the property.  The report must include:
29-21                (1)  a description of each property; and
29-22                (2)  the name of the owner of that property.
29-23          SECTION 22.  Section 41.66(g), Tax Code, is amended to read
29-24    as follows:
29-25          (g)  At the beginning of a hearing on a protest, each member
29-26    of the appraisal review board hearing the protest must sign an
29-27    affidavit stating that the board member has not communicated with
 30-1    another person in violation of Subsection (f). If a board member
 30-2    has communicated with another person in violation of Subsection
 30-3    (f), the member must be recused from the proceeding and may not
 30-4    hear, deliberate on, or vote on the determination of the protest.
 30-5    The county assessor-collector who governs [board of directors of]
 30-6    the appraisal district shall adopt and implement a policy
 30-7    concerning the temporary replacement of an appraisal review board
 30-8    member who has communicated with another person in violation of
 30-9    Subsection (f).
30-10          SECTION 23.  Section 42.02, Tax Code, is amended to read as
30-11    follows:
30-12          Sec. 42.02.  Right of Appeal by Chief Appraiser.  The chief
30-13    appraiser is entitled to appeal an order of the appraisal review
30-14    board determining a taxpayer protest as provided by Subchapter C,
30-15    Chapter 41 [of this code if he has written approval of the local
30-16    appraisal district board of directors to appeal].
30-17          SECTION 24.  Subchapter Z, Chapter 152, Local Government
30-18    Code, is amended by adding Section 152.907 to read as follows:
30-19          Sec. 152.907.  COMPENSATION OF COUNTY TAX ASSESSOR-COLLECTOR.
30-20    In setting the amount of the compensation of the county tax
30-21    assessor-collector, the commissioners court of the county may not
30-22    take into account the compensation the county tax
30-23    assessor-collector receives for serving as the chief appraiser of
30-24    the appraisal district established for the county.
30-25          SECTION 25.  Section 22, The Property Taxation Professional
30-26    Certification Act (Article 8885, Revised Statutes), is amended to
30-27    read as follows:
 31-1          Sec. 22.  The county assessor-collector who governs an [No]
 31-2    appraisal district [board of directors] or the governing body of a
 31-3    taxing unit of this state may not, as a necessity for employment,
 31-4    require that an appraiser, assessor, or collector act in an
 31-5    unprofessional manner or commit acts in violation of this Act.  A
 31-6    complaint of a violation of this section shall be thoroughly
 31-7    investigated by the board.
 31-8          SECTION 26.   The following provisions of the Tax Code are
 31-9    repealed:
31-10                (1)  Section 6.031;
31-11                (2)  Section 6.033;
31-12                (3)  Section 6.034;
31-13                (4)  Section 6.035;
31-14                (5)  Section 6.036;
31-15                (6)  Section 6.037;
31-16                (7)  Section 6.04;
31-17                (8)  Section 6.052;
31-18                (9)  Section 6.10; and
31-19                (10)  Section 31.03(c).
31-20          SECTION 27.   (a)  On the effective date of this Act, the tax
31-21    assessor-collector of each county begins to govern the appraisal
31-22    district established for that county and begins to serve as the
31-23    chief appraiser of the appraisal district, and the board of
31-24    directors of each appraisal district ceases to exist.  On that
31-25    date, the appraisal district as governed by the county
31-26    assessor-collector succeeds to all the rights, duties, privileges,
31-27    property, obligations, and liabilities of the appraisal district as
 32-1    governed by the board of directors.
 32-2          (b)  A measure taken or adopted by an appraisal district
 32-3    board of directors before the effective date of this Act that is in
 32-4    effect on the effective date continues in effect after the
 32-5    effective date of this Act until superseded by the county
 32-6    assessor-collector governing the district.
 32-7          (c)  The amendment by this Act of Section 6.02, Tax Code,
 32-8    does not affect the choice of a taxing unit to participate in a
 32-9    single appraisal district before the effective date of this Act.
32-10          (d)  The amendment by this Act of Section 6.41, Tax Code,
32-11    does not affect the term of a member of an appraisal review board
32-12    appointed before the effective date of this Act.
32-13          SECTION 28.   This Act takes effect January 1, 2000.
32-14          SECTION 29.  The importance of this legislation and the
32-15    crowded condition of the calendars in both houses create an
32-16    emergency and an imperative public necessity that the
32-17    constitutional rule requiring bills to be read on three several
32-18    days in each house be suspended, and this rule is hereby suspended.