S.B. 1452 78(R)    BILL ANALYSIS


S.B. 1452
By: Harris
Local Government Ways and Means
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Ex parte communication between members of the appraisal review board and
the chief appraiser 
or the appraiser's staff is prohibited by the Texas Tax Code, but there is
no penalty for a violation 
of the Act.  S.B. 1452 makes ex parte communication between members of the
appraisal 
review board and the chief appraiser or the appraiser's staff a Class C
misdemeanor. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1. Amends Subchapter C, Chapter 6, Tax Code, by adding Section
6.411, as follows: 
Sec. 6.411. EX PARTE COMMUNICATIONS; PENALTY. 

(a) Provides that a member of an appraisal review board commits an offense
if the member communicates with the chief appraiser or another employee of
the appraisal district for which the appraisal review board is established
in violation of Section 41.66(f). 

(b) Provides that a chief appraiser or another employee of an appraisal
district commits an offense if the chief appraiser or other employee
communicates with a member of the appraisal review board established for
the appraisal district in a circumstance in which the appraisal review
board member is prohibited by Section 41.66(f) from communicating with the
chief appraiser or other employee. 

(c) Provides that this section does not apply to communications that do
not discuss the specific evidence, argument, facts, merits, or property
involved in a hearing currently pending before the appraisal review board
or to communications between the appraisal review board and its legal
counsel. 

 (d) Provides that an offense under this section is a Class C misdemeanor.

SECTION 2. Effective date: September 1, 2003.


EFFECTIVE DATE

September 1, 2003.