SRC-JEC S.B. 1095 77(R)BILL ANALYSIS


Senate Research CenterS.B. 1095
By: Carona
Intergovernmental Relations
6/20/2001
Enrolled


DIGEST AND PURPOSE 

Currently, no property tax is levied at the state level; however, the laws
governing the operation and administration of such a tax are made at the
state level to ensure consistency and uniformity.  S.B. 1095 streamlines
the state operation and administration of property taxes. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 5.101(b), Tax Code, to require the technical
advisory committee to meet as often as necessary to perform its duties.
Deletes text requiring a meeting not less often than semi-annually. 

SECTION 2.  Amends Chapter 24B, Tax Code, by adding Section 24.365, as
follows: 

Sec. 24.365.  CORRECTION OF CERTIFIED AMOUNT.  (a) Requires a chief
appraiser who discovers that the chief appraiser's certification to the
comptroller of the amount of the market value of rolling stock allocated to
this state under Section 24.36 was incomplete or incorrect to immediately
certify the correct amount of that market value to the comptroller. 

(b) Requires the comptroller, as soon as possible after the comptroller
receives the correct certification from the chief appraiser, to certify to
the county assessor-collector for each affected county the information
required by Section 24.38 as corrected. 

SECTION 3.  Amends Section 25.195, Tax Code, by amending Subsection (a) and
adding Subsections (c), (d), and (e), as follows: 

(a)  Entitles a property owner or owner's agent to inspect and copy the
appraisal records relating to the property together with certain other
information held by the chief appraiser or required by Section 25.01(c) to
be provided to the appraisal district under a contract for appraisal
services. 

(c)  Entitles a property owner or owner's agent whose property is appraised
by a private appraisal firm under a contract for appraisal services to
inspect and copy, at the office of that firm, all information pertaining to
the property that the firm considered in appraising the property, including
information showing each method of appraisal used to determine the value of
the property and all calculations, personal notes, correspondence, and
working papers used in appraising the property. Provides that this
subsection does not apply to information made confidential by Section
22.27, except that the property owner or agent is entitled to inspect and
copy any information related to the owner's property, including otherwise
confidential information. 
 
(d)  Requires the appraisal firm to make the information covered by
Subsection (c) available for inspection and copying by the owner or agent
not later than the 15th day after the date the owner or agent delivers a
written request to inspect the information, unless the owner or agent
agrees in writing to a later date.   

(e)  Prohibits an appraisal review board, if an owner or agent states under
oath in a certain document that the applicable appraisal firm has not
complied with a request for inspection or copying under Subsection (c)
related to the property that is the subject of the proceeding, from holding
a hearing on the merits of any claim relating to the property and from
approving the appraisal records relating to that property until it has
determined in a hearing that: 

(1)  the appraisal firm has made the information available for inspection
and copying as required by Subsection (c); or 

(2)  the owner or agent has withdrawn the motion or protest that initiated
the proceeding. 

SECTION 4.  Amends Section 312.005(a), Tax Code, to require the chief
appraiser of each appraisal district that appraises property for a taxing
unit that has designated a reinvestment zone or executed a tax abatement
agreement under this chapter to deliver to the comptroller before July 1,
rather than April 1, of the year following the year in which the zone is
designated or the agreement is executed a report providing certain
information.  Makes a conforming change. 

SECTION 5.  Effective date: September 1, 2001.