79R6066 MFC-D

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 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)  This subsection applies only to a matter that may not be 
the subject of a protest under Subchapter C, Chapter 41.  A person 
may sue an appraisal district to compel the appraisal district to 
comply with the provisions of this title, rules of the comptroller, 
or other applicable law if the failure to comply prejudices a 
substantial right of that person.  Before the person may initiate an 
action under this subsection, the person 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 to comply with the applicable law and 
ordering that the prevailing party recover its costs.
	SECTION 2.  This Act takes effect September 1, 2005.