79R12293 MFC-F


By:  Puente                                                       H.B. No. 2492



A BILL TO BE ENTITLED

AN ACT

relating to the authority of certain persons to bring suit to 
require an appraisal district or appraisal review board to comply 
with applicable law.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 43.01, Tax Code, is amended to read as 
follows:          
	Sec. 43.01.  AUTHORITY TO BRING SUIT.  (a) A taxing unit may 
sue the appraisal district that appraises property for the unit to 
compel the appraisal district to comply with the provisions of this 
title, rules of the comptroller, or other applicable law.
	(b)  A person may sue an appraisal district or appraisal 
review board to compel the appraisal district or appraisal review 
board to comply with the provisions of this title, rules of the 
comptroller, or other applicable law if the failure to comply 
causes or will cause substantial economic harm to or denial of a 
statutory or constitutional right of that person.  A person 
bringing an action under this subsection must pay $500 into the 
registry of the court.  The court shall distribute that amount to 
the prevailing party on entry of final judgment in the action.
	(c)  If the party bringing an action under this section 
prevails on the merits, the court shall enter an order compelling 
the appraisal district or appraisal review board to comply with the 
applicable law and ordering that the prevailing party recover its 
costs.
	(d)  This section applies only to a matter that may not be the 
subject of a motion under Section 25.25(c) or (d) or a protest or 
challenge under Chapter 41.
	SECTION 2.  This Act takes effect September 1, 2005.