By Hilbert                                            H.B. No. 3617
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to identification of property not timely submitted to the
 1-3     appraisal board for review and determination of protests.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 25.22, Tax Code, is amended to read as
 1-6     follows:
 1-7           Sec. 25.22.  SUBMISSION FOR REVIEW AND PROTEST. (a) By May 15
 1-8     or as soon thereafter as practicable, the chief appraiser shall
 1-9     submit the completed appraisal records to the appraisal review
1-10     board for review and determination of protests.  However, the chief
1-11     appraiser may not submit the records until the chief appraiser has
1-12     delivered the notices required by Subsection (d) of Section 11.45,
1-13     Subsection (d) of Section 23.44, Subsection (d) of Section 23.57,
1-14     Subsection (d) of Section 23.79, Subsection (d) of Section 23.85,
1-15     Subsection (d) of Section 23.95, and Section 25.19 and has
1-16     determined an appraised value for and included in the records all
1-17     property included on the appraisal roll in the preceding year
1-18     unless the property no longer exists or is not subject to taxation
1-19     in the appraisal district and all new property.
1-20           (b)  The chief appraiser shall make and subscribe an
1-21     affidavit on the submission substantially as follows:
 2-1           "I, _____________________________, (Chief Appraiser)
 2-2           for ________________________ solemnly swear that I have
 2-3           made or caused to be made a diligent inquiry to
 2-4           ascertain all property in the district subject to
 2-5           appraisal by me and that I have included in the records
 2-6           all property that was on the appraisal roll in the
 2-7           preceding year unless it no longer exists or is no
 2-8           longer subject to taxation and all new property that I
 2-9           am aware of at an appraised value determined as
2-10           required by law."
2-11           (c)  The chief appraiser shall [may] require of his employees
2-12     who are engaged in listing and appraising property an affidavit
2-13     similar to his own to be attached on submission.
2-14           (d)  A property owner may bring suit against the chief
2-15     appraiser and the appraisal district by filing a petition or
2-16     application in district court to compel the chief appraiser to
2-17     comply with the requirements of this Section.  If the district
2-18     court determines that the chief appraiser has not complied with
2-19     this Section, the district court shall order compliance and shall
2-20     award court costs and reasonable attorney fees to the property
2-21     owner.
2-22           SECTION 2.  The importance of this legislation and the
2-23     crowded condition of the calendars in both houses create an
2-24     emergency and an imperative public necessity that the
2-25     constitutional rule requiring bills to be read on three several
 3-1     days in each house be suspended, and this rule is hereby suspended,
 3-2     and that this Act take effect and be in force from and after its
 3-3     passage, and it is so enacted.