1-1 By: Cain S.B. No. 1737
1-2 (In the Senate - Filed March 9, 2001; March 14, 2001, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 19, 2001, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 7, Nays 0;
1-6 April 19, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1737 By: Cain
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to a property owner's right to inspect and copy records
1-11 and information used to appraise the owner's property for ad
1-12 valorem tax purposes.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 25.195, Tax Code, is amended by amending
1-15 Subsection (a) and adding Subsections (c), (d), and (e) to read as
1-16 follows:
1-17 (a) After the chief appraiser has submitted the appraisal
1-18 records to the appraisal review board as provided by Section
1-19 25.22(a), a property owner or the owner's designated agent is
1-20 entitled to [may] inspect and copy the appraisal records relating
1-21 to property of the property owner, together with supporting data,
1-22 schedules, and, except as provided by Subsection (b), any other
1-23 material or information held by the chief appraiser or required by
1-24 Section 25.01(c) to be provided to the appraisal district under a
1-25 contract for appraisal services, including material or information
1-26 obtained under Section 22.27, that is obtained or used in making
1-27 appraisals for the appraisal records relating to that property.
1-28 (c) A property owner or the designated agent of an owner
1-29 whose property is appraised by a private appraisal firm under a
1-30 contract for appraisal services with an appraisal district is
1-31 entitled to inspect and copy, at the office of that firm, all
1-32 information pertaining to the property that the firm considered in
1-33 appraising the property, including information showing each method
1-34 of appraisal used to determine the value of the property and all
1-35 calculations, personal notes, correspondence, and working papers
1-36 used in appraising the property. This subsection does not apply to
1-37 information made confidential by Section 22.27, except that the
1-38 property owner or agent is entitled to inspect and copy any
1-39 information relating to the owner's property, including otherwise
1-40 confidential information.
1-41 (d) The appraisal firm shall make information covered by
1-42 Subsection (c) available for inspection and copying by the owner or
1-43 agent not later than the 15th day after the date the owner or agent
1-44 delivers a written request to inspect the information, unless the
1-45 owner or agent agrees in writing to a later date.
1-46 (e) If an owner or agent states under oath in a document
1-47 filed with an appraisal review board in connection with a
1-48 proceeding initiated under Section 25.25 or Chapter 41 that the
1-49 applicable appraisal firm has not complied with a request for
1-50 inspection or copying under Subsection (c) related to the property
1-51 that is the subject of the proceeding, the board may not conduct a
1-52 hearing on the merits of any claim relating to that property and
1-53 may not approve the appraisal records relating to that property
1-54 until the board determines in a hearing that:
1-55 (1) the appraisal firm has made the information
1-56 available for inspection and copying as required by Subsection (c);
1-57 or
1-58 (2) the owner or agent has withdrawn the motion or
1-59 protest that initiated the proceeding.
1-60 SECTION 2. This Act takes effect immediately if it receives
1-61 a vote of two-thirds of all the members elected to each house, as
1-62 provided by Section 39, Article III, Texas Constitution. If this
1-63 Act does not receive the vote necessary for immediate effect, this
1-64 Act takes effect September 1, 2001.
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