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A BILL TO BE ENTITLED
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AN ACT
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relating to a criminal violation of the open meetings law committed |
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by a member of an appraisal district board of directors and to a |
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prohibition on certain communications between a member of the board |
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of directors and the chief appraiser of the district; providing |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 551.143, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) Except as provided by Subsection (c), an [An] offense |
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under Subsection (a) is a misdemeanor punishable by: |
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(1) a fine of not less than $100 or more than $500; |
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(2) confinement in the county jail for not less than |
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one month or more than six months; or |
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(3) both the fine and confinement. |
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(c) An offense under Subsection (a) committed by a member or |
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group of members of an appraisal district board of directors is a |
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misdemeanor punishable by: |
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(1) a fine of not less than $200 or more than $1,000; |
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(2) confinement in the county jail for not less than |
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two months or more than one year; or |
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(3) both the fine and confinement. |
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SECTION 2. Section 551.144, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) Except as provided by Subsection (b-1), an [An] offense |
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under Subsection (a) is a misdemeanor punishable by: |
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(1) a fine of not less than $100 or more than $500; |
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(2) confinement in the county jail for not less than |
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one month or more than six months; or |
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(3) both the fine and confinement. |
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(b-1) An offense under Subsection (a) committed by a member |
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of an appraisal district board of directors is a misdemeanor |
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punishable by: |
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(1) a fine of not less than $200 or more than $1,000; |
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(2) confinement in the county jail for not less than |
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two months or more than one year; or |
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(3) both the fine and confinement. |
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SECTION 3. Subchapter A, Chapter 6, Tax Code, is amended by |
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adding Section 6.15 to read as follows: |
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Sec. 6.15. EX PARTE COMMUNICATIONS; PENALTY. (a) A member |
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of the board of directors of an appraisal district commits an |
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offense if the member directly or indirectly communicates with the |
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chief appraiser on any matter relating to the appraisal of property |
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by the appraisal district, except in: |
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(1) an open meeting of the appraisal district board of |
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directors or another public forum; or |
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(2) a closed meeting of the board of directors held to |
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consult with the board's attorney about pending litigation, at |
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which the chief appraiser's presence is necessary for full |
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communication between the board and the board's attorney. |
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(b) A chief appraiser commits an offense if the chief |
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appraiser directly or indirectly communicates with a member of the |
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board of directors of the appraisal district on any matter relating |
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to the appraisal of property by the appraisal district, except in: |
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(1) an open meeting of the board of directors or |
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another public forum; or |
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(2) a closed meeting of the board of directors held to |
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consult with the board's attorney about pending litigation, at |
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which the chief appraiser's presence is necessary for full |
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communication between the board and the board's attorney. |
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(c) An offense under this section is a Class C misdemeanor. |
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SECTION 4. The changes in law made by this Act to Sections |
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551.143 and 551.144, Government Code, apply only to an offense |
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committed on or after the effective date of this Act. An offense |
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under Section 551.143 or 551.144, Government Code, committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2007. |