SRC-VRA H.B. 396 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 396
By: Mowery (Williams)
Intergovernmental Relations
5/12/2003
Engrossed


DIGEST AND PURPOSE 

Under current law, a taxpayer is required to appeal the decision of an
appraisal review board to the district court. Appeals to a district court
are often costly for the parties involved and these expenses may prevent
those who cannot afford the costs from taking an appeal to court.
Litigation costs are lower in small claims court, but taxpayers are not
allowed to appeal a decision of the appraisal review board to such a
court.  H.B. 396 allows a taxpayer to appeal a decision of an appraisal
review board to a small claims court if the amount of taxes in dispute is
within the jurisdiction of the small claims court and sets forth
procedures for the court's handling of the appeal. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subsection 41.47(e), Tax Code, to provide that notice
of the issuance of an order by an appraisal review board must contain a
statement of the property owner's right to appeal the board's decision to
small claims court.  Makes conforming  

SECTION 2.  Amends the heading of Subchapter B, Chapter 42, Tax Code, to
read as follows: 

   SUBCHAPTER B.  JUDICIAL REVIEW.

SECTION 3.  Amends Subsection 42.21(a), Tax Code, to make conforming
changes. 

SECTION 4.  Amends Subchapter B, Chapter 42, Tax Code, by adding Sections
42.211 and 42.212 as follows: 

Sec.  42.211.  JURISDICTION.  (a)  Requires an appeal under this
subchapter, except as provided by this section, to be made to a district
court. 

(b)  Authorizes a property owner to appeal an order of an appraisal review
board under Section 42.01(1) to a small claims court if the amount of
taxes due on the portion of the taxable value of the property that is in
dispute calculated using the preceding year's tax rates is an amount that
is within the jurisdiction of that small claims court.  Requires the small
claims court to determine the appeal and enter final judgement within 60
days. 

(c)  Requires a small claims court to dismiss the appeal if the small
claims court determines that the appeal is not within the court's
jurisdiction. Authorizes the property owner, in that event, to appeal the
order to district court by filing a petition for review with the district
court not later than the 30th day after the date of the dismissal.  

(d)  Requires a property owner to pay an additional fee of $200 upon
filing of an appeal in small claims court.  Requires the fee, if the
appeal is dismissed for lack of jurisdiction under Subsection (c) above,
to be refunded to the property owner.  Requires the appraisal district, if
the property owner is the prevailing party in the appeal, to refund the
fee to the property. 

Sec.  42.212.  REPRESENTATION IN SMALL CLAIMS COURT.  Authorizes but does
not require an appraisal district, in an appeal brought under Section
42.01(1) to a small claims court to be represented by legal counsel.  

SECTION 5.  Reenacts and amends Section 42.22, Tax Code, as amended by
Chapters 667 and 1033, Acts of the 73rd Legislature, Regular Session, 1993
as follows: 

(a)  Provides that the venue of an action in small claims court is in any
justice precinct in the county in which the appraisal review board that
issued the order appealed is located. 

 (b)  Makes a conforming change.

(d)  Provides that venue of action brought under Section 42.01(1) in small
claims court is in any justice precinct in the county in which the
appraisal review board that issued the order appealed is located. 

SECTION 6. Amends Subsection 42.23(a), Tax Code, to make conforming
changes. 

SECTION 7. Amends Section 42.24, Tax Code, to make conforming changes.

SECTION 8. Amends Sections 42.26(a) and (d), Tax Code, to make conforming
changes. 

SECTION 9. Amends Subchapter B, Chapter 42, Tax Code, by adding Section
42.27, as follows: 

Sec.  42.27.  SMALL CLAIMS COURT JUDGMENT NOT APPEALABLE.   Prohibits the
final judgment of a small claims court in an appeal to the small claims
court brought under Section 42.01(1) from being appealed by any person.  

SECTION 10. Amends Section 28.003, Government Code, by adding Subsection
(a-1), to provide that the small claims court has jurisdiction over
appeals brought under Section 42.01(1), Tax Code, if the amount of taxes
in dispute does not exceed $5,000. 

SECTION 11. Amends Section 28.011, Government Code, to make conforming
changes. 

SECTION 12. (a)  Effective date:  September 1, 2003.
  (b)  Makes application of this Act prospective.