79S30734 UM-D

By:  Wong                                                         H.B. No. 151


A BILL TO BE ENTITLED
AN ACT
relating to binding arbitration of certain appraisal review board orders. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 41A.01, Tax Code, is amended to read as follows: Sec. 41A.01. RIGHT OF APPEAL BY PROPERTY OWNER. (a) As an alternative to filing an appeal under Section 42.01, a property owner is entitled to appeal through binding arbitration under this chapter an appraisal review board order that the property owner is entitled to appeal under that section [determining a protest concerning the appraised or market value of real property] if: (1) the order relates to real property; and (2) the appraised [or market] value[, as applicable,] of the property as determined by the chief appraiser or the appraisal review board [the order] is $1 million or less[; and [(2) the appeal does not involve any matter in dispute other than the determination of the appraised or market value of the property]. (b) A property owner may not appeal under this chapter an appraisal review board order or part of such an order relating to personal property. If an appraisal review board order relates to both real and personal property, only the part of the order relating to real property may be appealed under this chapter. SECTION 2. Section 41A.03(b), Tax Code, is amended to read as follows: (b) A property owner who fails to strictly comply with this section waives the property owner's right to request arbitration under this chapter. A property owner who appeals an appraisal review board order [determining a protest concerning the appraised or market value, as applicable, of the owner's property] under Chapter 42 waives the owner's right to request binding arbitration under this chapter regarding the matters determined by the order [value of that property]. An arbitrator shall dismiss any pending arbitration proceeding if the property owner's rights are waived under this subsection. SECTION 3. Section 41A.04, Tax Code, is amended to read as follows: Sec. 41A.04. CONTENTS OF REQUEST FORM. The comptroller by rule shall prescribe the form of a request for binding arbitration under this chapter. The form must require the property owner to provide only: (1) a brief statement that explains the basis for the property owner's appeal of the appraisal review board order; (2) a statement of the property owner's opinion of the appraised or market value, as applicable, of the property that is the subject of the appeal, if the matter in dispute involves the determination of the appraised or market value of the property; and (3) any other information reasonably necessary for the appraisal district to request appointment of an arbitrator. SECTION 4. Section 41A.09, Tax Code, is amended by amending Subsections (b), (c), and (d) and adding Subsection (d-1) to read as follows: (b) An award under this section: (1) must include a determination of the appraised or market value, as applicable, of the property that is the subject of the appeal, if the matter in dispute involves the determination of the appraised or market value of the property; (2) may include any remedy or relief a court may order under Chapter 42 [in an appeal relating to the appraised or market value of property]; (3) shall specify the arbitrator's fee, which may not exceed the amount provided by Section 41A.06(b)(3); (4) is final and may not be appealed except as permitted under Section 171.088, Civil Practice and Remedies Code, for an award subject to that section; and (5) may be enforced in the manner provided by Subchapter D, Chapter 171, Civil Practice and Remedies Code. (c) If the appeal involves the determination of the appraised or market value of the property that is the subject of the appeal and the arbitrator determines that the appraised or market value, as applicable, of the property [that is the subject of the appeal] is nearer to the property owner's opinion of the appraised or market value, as applicable, of the property as stated in the request for binding arbitration submitted under Section 41A.03 than the value determined by the appraisal review board, the property owner is the prevailing party. In all other appeals, the arbitrator shall determine whether the property owner is the prevailing party, based on the arbitrator's determination of the matters that are the subject of the appeal. If the property owner is the prevailing party: (1) the comptroller, on receipt of a copy of the award, shall refund the property owner's arbitration deposit, less the amount retained by the comptroller under Section 41A.05(b); and (2) the appraisal district, on receipt of a copy of the award, shall pay the arbitrator's fee[; and [(3) the chief appraiser shall correct the appraised or market value, as applicable, of the property as shown in the appraisal roll to reflect the arbitrator's determination]. (d) If the property owner is not the prevailing party under Subsection (c), [arbitrator determines that the appraised or market value, as applicable, of the property that is the subject of the appeal is not nearer to the property owner's opinion of the appraised or market value, as applicable, of the property as stated in the request for binding arbitration submitted under Section 41A.03 than the value determined by the appraisal review board: [(1)] the comptroller, on receipt of a copy of the award, shall: (1) [(A)] pay the arbitrator's fee out of the owner's arbitration deposit; and (2) [(B)] refund to the owner the owner's arbitration deposit, less the arbitrator's fee and the amount retained by the comptroller under Section 41A.05(b).[; and] (d-1) On receipt of a copy of the arbitrator's award, [(2)] the chief appraiser shall correct the [appraised or market value, as applicable, of the property as shown in the] appraisal roll to reflect the arbitrator's determination of any matter other than the appraised or market value of the property, and shall correct the appraised or market value if the value as determined by the arbitrator is less than the value as determined by the appraisal review board. SECTION 5. Chapter 41A, Tax Code, is amended by adding Section 41A.091 to read as follows: Sec. 41A.091. CITATION OF APPRAISAL REVIEW BOARD MEMBER. (a) If during the course of an arbitration proceeding under this chapter the arbitrator finds that a member of the appraisal review board failed to follow the procedures governing protests under Subchapter C, Chapter 41, the arbitrator shall cite the member for the failure to follow the correct procedures. (b) The arbitrator shall send a copy of a citation under Subsection (a) to the chairman of the appraisal review board. (c) A member of an appraisal review board who receives three citations under this section is ineligible to continue serving as an appraisal review board member and is considered to have vacated the office of appraisal review board member on the date the chairman of the appraisal review board receives the copy of the third citation. SECTION 6. Sections 25.25(a) and (o), Tax Code, are amended to read as follows: (a) Except as provided by Chapters 41, 41A, and 42 of this code and by this section, the appraisal roll may not be changed. (o) The failure or refusal of a chief appraiser to change an appraisal roll under Subsection (b) is not: (1) an action that the appraisal review board is authorized to determine under this section; (2) an action that may be the subject of a suit to compel filed under Subsection (g); (3) an action that a property owner is entitled to protest under Section 41.41; or (4) an action that may be appealed under Chapter 41A or 42. SECTION 7. Chapter 41A, Tax Code, as amended by this Act, applies only to a request for binding arbitration filed by a property owner under that chapter on or after the effective date of this Act. SECTION 8. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2006.