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  80R2799 JD-D
 
  By: Hill H.B. No. 402
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to a criminal violation of the open meetings law committed
by a member of an appraisal district board of directors and to a
prohibition on certain communications between the chief executive
officer or a member of the governing body of a taxing unit and a
chief appraiser or a member of an appraisal district board of
directors; providing penalties.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 551.143, Government Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
       (b)  Except as provided by Subsection (c), an [An] offense
under Subsection (a) is a misdemeanor punishable by:
             (1)  a fine of not less than $100 or more than $500;
             (2)  confinement in the county jail for not less than
one month or more than six months; or
             (3)  both the fine and confinement.
       (c)  An offense under Subsection (a) committed by a member or
group of members of an appraisal district board of directors is a
misdemeanor punishable by:
             (1)  a fine of not less than $200 or more than $1,000;
             (2)  confinement in the county jail for not less than
two months or more than one year; or
             (3)  both the fine and confinement.
       SECTION 2.  Section 551.144, Government Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
       (b)  Except as provided by Subsection (b-1), an [An] offense
under Subsection (a) is a misdemeanor punishable by:
             (1)  a fine of not less than $100 or more than $500;
             (2)  confinement in the county jail for not less than
one month or more than six months; or
             (3)  both the fine and confinement.
       (b-1)  An offense under Subsection (a) committed by a member
of an appraisal district board of directors is a misdemeanor
punishable by:
             (1)  a fine of not less than $200 or more than $1,000;
             (2)  confinement in the county jail for not less than
two months or more than one year; or
             (3)  both the fine and confinement.
       SECTION 3.  Subchapter A, Chapter 6, Tax Code, is amended by
adding Section 6.15 to read as follows:
       Sec. 6.15.  EX PARTE COMMUNICATIONS; PENALTY. (a) The chief
executive officer or a member of the governing body of a taxing unit
commits an offense if the officer or member directly or indirectly
communicates with the chief appraiser or a member of the board of
directors of an appraisal district that appraises property for the
taxing unit on any matter relating to the appraisal of property by
the appraisal district, except in:
             (1)  an open meeting of:
                   (A)  the appraisal district board of directors; or
                   (B)  the governing body of the taxing unit; or
             (2)  another public forum.
       (b)  An offense under this section is a Class C misdemeanor.
       SECTION 4.  The changes in law made by this Act to Sections
551.143 and 551.144, Government Code, apply only to an offense
committed on or after the effective date of this Act. An offense
under Section 551.143 or 551.144, Government Code, committed before
the effective date of this Act is governed by the law in effect on
the date the offense was committed, and the former law is continued
in effect for that purpose.
       SECTION 5.  This Act takes effect September 1, 2007.