SRC-SEW C.S.S.B. 1737 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1737
77R10054 JD-FBy: Cain
Intergovernmental Relations
4/19/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, the Tax Code states that property owners or their agents can
view and inspect appraisal records relating to their properties.  However,
some appraisal firms operating under contract for appraisal districts have
taken this language as permissive and not allowed full inspection or
copying of appraisal documents.  C.S.S.B. 1737 clarifies and affirms that
property owners or their agents are entitled to inspect and copy all
information pertaining to the property that the firm considers in
appraising the property and prohibits action by an appraisal review board
until the requested information has been provided. 

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 25.195, Tax Code, by amending Subsection (a) and
adding Subsections (c), (d), and (e), as follows: 

(a) Provides that after the chief appraiser has submitted the appraisal
records to the appraisal review board as provided by Section 25.22(a), a
property owner or the owner's designated agent is entitled to (rather than
is authorized to) inspect and copy certain stated materials. 

(c) Provides that a property owner or the designated agent of an owner
whose property is appraised by a private appraisal firm under a contract
for appraisal services with an appraisal district is entitled to inspect
and copy, at the office of that firm, certain information.  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 relating 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
within a certain time frame.   

(e) Prohibits an appraisal review board, if a property owner or agent
performs certain functions, from conducting a hearing concerning the merits
of any claim relating to the property and from approving the appraisal
records relating to the property until certain requirements are met. 

SECTION 2.  Effective date: upon passage or September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

 Amends As Filed S.B. 1737 as follows:

SECTION 1.  Amends Section 25.195, Tax Code, as follows:

(a) Adds the text "to be provided by the appraisal district under a
contract for appraisal services."   

(c) Makes nonsubstantive changes.  Deletes text referring to "thought
processes." 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 relating to the owner's
property, including otherwise confidential information.  Omits text
regarding making information available and a firm's noncompliance with
certain requests.   

Adds new Subsections (d) and (e), as follows:

(d) Redesignates some text from Subsection (c) and makes a conforming
change. Replaces the text "within 15 days" with "by the owner or agent not
later than the 15th day." 
  
(e) Redesignates some text from Subsection (c) and makes conforming and
nonsubstantive changes.  Replaces "hold a hearing" with "conduct a
hearing."   

SECTION 2.  No change.