79R1959 MFC-F

By:  Rose                                                         H.B. No. 2818


A BILL TO BE ENTITLED
AN ACT
relating to the appeal of certain ad valorem tax determinations through binding arbitration. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle F, Title 1, Tax Code, is amended by adding Chapter 41A to read as follows:
CHAPTER 41A. APPEAL THROUGH BINDING ARBITRATION
Sec. 41A.01. RIGHT OF APPEAL BY PROPERTY OWNER. 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 determining a protest concerning the appraised or market value of real property if the appraised or market value, as applicable, of the property as determined by the order is $1 million or less. Sec. 41A.02. NOTICE OF RIGHT TO ARBITRATION. An appraisal review board that delivers notice of issuance of an order described by Section 41A.01 and a copy of the order to a property owner as required by Section 41.47 shall include with the notice and copy: (1) a notice of the property owner's rights under this chapter; and (2) a copy of the form prescribed under Section 41A.03(1). Sec. 41A.03. REQUEST FOR ARBITRATION. To appeal an appraisal review board order under this chapter, a property owner must file with the appraisal district not later than the 15th day after the date the property owner receives notice of the order: (1) a completed request for binding arbitration under this chapter in the form prescribed by Section 41A.04; and (2) an arbitration deposit in the amount of $500, made payable to the comptroller. Sec. 41A.04. CONTENTS OF REQUEST FORM. (a) The chief appraiser 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; and (2) any other information reasonably necessary for the appraisal district to request appointment of an arbitrator. (b) The comptroller by rule shall prescribe a model form for purposes of this section. Sec. 41A.05. PROCESSING OF REGISTRATION REQUEST. (a) Not later than the 10th day after the date an appraisal district receives from a property owner a completed request for binding arbitration under this chapter and an arbitration deposit as required by Section 41A.03, the appraisal district shall: (1) certify the request; (2) submit the request and deposit to the comptroller; and (3) request the comptroller to appoint a qualified arbitrator to conduct the arbitration. (b) The comptroller may retain an amount equal to 10 percent of the deposit to cover the comptroller's administrative costs. Sec. 41A.06. REGISTRY AND QUALIFICATIONS OF ARBITRATORS. (a) The comptroller shall maintain a registry listing the qualified persons who have agreed to serve as arbitrators under this chapter. (b) To qualify to serve as an arbitrator under this chapter, a person must: (1) have completed at least 30 hours of training in arbitration and alternative dispute resolution procedures from a university, college, or legal or real estate trade association; (2) be licensed as a real estate broker or salesperson under Chapter 1101, Occupations Code, or be licensed or certified as a real estate appraiser under Chapter 1103, Occupations Code; and (3) agree to conduct an arbitration for a fee that is not more than 90 percent of the amount of the arbitration deposit required by Section 41A.03. Sec. 41A.07. APPOINTMENT OF ARBITRATOR. (a) On receipt of the request and deposit under Section 41A.05, the comptroller shall send the property owner and the appraisal district a copy of the comptroller's registry of qualified arbitrators and request that the parties select an arbitrator from the registry. The parties shall attempt to select an arbitrator from the registry. (b) Not later than the 10th day after the date the parties receive the registry, the appraisal district shall notify the comptroller that: (1) the parties have selected an arbitrator and request that the comptroller appoint the selected arbitrator; or (2) the parties were unable to select an arbitrator and request the comptroller to appoint an arbitrator. (c) On receipt of notice from the appraisal district under Subsection (b), the comptroller shall: (1) appoint: (A) the arbitrator selected under Subsection (b)(1), if applicable; or (B) any arbitrator included in the comptroller's registry, if Subsection (b)(2) applies; and (2) send notice to the arbitrator appointed, requesting that the arbitrator conduct the arbitration. (d) If the arbitrator appointed is unable or unwilling to conduct the arbitration for any reason, the arbitrator shall promptly notify the comptroller that the arbitrator does not accept the appointment and state the reason. The comptroller shall appoint a substitute arbitrator promptly after receipt of the notice. Sec. 41A.08. NOTICE AND HEARING; REPRESENTATION OF PARTIES. (a) On acceptance of an appointment to conduct an arbitration under this chapter, the arbitrator shall set the date, time, and place of a hearing on the arbitration. The arbitrator shall give notice of and conduct the hearing in the manner provided by Subchapter C, Chapter 171, Civil Practice and Remedies Code. (b) The parties to an arbitration proceeding under this chapter may be represented by an attorney or by a property tax consultant, real estate appraiser, or real estate broker acting under power of attorney. Each party is responsible for the fees of its own representative. Sec. 41A.09. AWARD; PAYMENT OF ARBITRATOR'S FEE. (a) Not later than the 20th day after the date the hearing under Section 41A.08 is concluded, the arbitrator shall make an arbitration award and deliver a copy of the award to the property owner, appraisal district, and comptroller. (b) An award under this section: (1) shall include a determination of the appraised or market value, as applicable, of the property that is the subject of the appeal; (2) may include any remedy or relief a court may order under Chapter 42; (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 arbitrator determines that the appraised or market value, as applicable, of the property that is the subject of the appeal is less than 99 percent of the appraised or market value, as applicable, of the property as determined by the appraisal review board: (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. (d) If the arbitrator determines that the appraised or market value, as applicable, of the property that is the subject of the appeal is at least 99 percent of the appraised or market value, as applicable, of the property as determined by the appraisal review board, the comptroller, on receipt of a copy of the award, shall: (1) pay the arbitrator's fee out of the property owner's arbitration deposit; and (2) refund to the property owner the property owner's arbitration deposit, less the arbitrator's fee and the amount retained by the comptroller under Section 41A.05(b). Sec. 41A.10. POSTAPPEAL ADMINISTRATIVE PROCEDURES. An arbitration award under this chapter is considered to be a final determination of an appeal for purposes of Subchapter C, Chapter 42. Sec. 41A.11. RULES. The comptroller may adopt rules necessary to implement and administer this chapter. SECTION 2. As soon as practicable after the effective date of this Act, but not later than January 1, 2006: (1) each appraisal district shall prescribe the form of an arbitration request as provided by Section 41A.04, Tax Code, as added by this Act; and (2) the comptroller shall: (A) prescribe the model form for an arbitration request as provided by Section 41A.04, Tax Code, as added by this Act; and (B) establish a registry of qualified arbitrators as provided by Section 41A.06(a), Tax Code, as added by this Act. SECTION 3. This Act takes effect September 1, 2005.