By: Hill (Senate Sponsor - Hegar) H.B. No. 402
         (In the Senate - Received from the House March 29, 2007;
  April 3, 2007, read first time and referred to Committee on State
  Affairs; April 30, 2007, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 8, Nays 0;
  April 30, 2007, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 402 By:  Harris
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to a prohibition on ex parte communications between a
  member of the board of directors and the chief appraiser of an
  appraisal district; providing a penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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) A member
  of the board of directors of an appraisal district commits an
  offense if the member directly or indirectly communicates with the
  chief appraiser on any matter relating to the appraisal of property
  by the appraisal district, except in:
               (1)  an open meeting of the appraisal district board of
  directors or another public forum; or
               (2)  a closed meeting of the board of directors held to
  consult with the board's attorney about pending litigation, at
  which the chief appraiser's presence is necessary for full
  communication between the board and the board's attorney.
         (b)  A chief appraiser commits an offense if the chief
  appraiser directly or indirectly communicates with a member of the
  board of directors of the appraisal district on any matter relating
  to the appraisal of property by the appraisal district, except in:
               (1)  an open meeting of the board of directors or
  another public forum; or
               (2)  a closed meeting of the board of directors held to
  consult with the board's attorney about pending litigation, at
  which the chief appraiser's presence is necessary for full
  communication between the board and the board's attorney.
         (c)  Subsections (a) and (b) do not apply to a routine
  communication between the chief appraiser and the county
  assessor-collector that relates to the administration of an
  appraisal roll, including a communication made in connection with
  the certification, correction, or collection of an account,
  regardless of whether the county assessor-collector was appointed
  to the board of directors of the appraisal district or serves as a
  nonvoting director.
         (d)  An offense under this section is a Class C misdemeanor.
         SECTION 2.  This Act takes effect September 1, 2007.
 
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