By: Paxton, et al. (Senate Sponsor - Williams) H.B. No. 2188

(In the Senate - Received from the House April 16, 2007; April 17, 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. 2188 By: Williams

A BILL TO BE ENTITLED

AN ACT

relating to the exception of certain ad valorem tax appraisal information from required disclosure under the public information law.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 552, Government Code, is amended by adding Section 552.148 to read as follows:

Sec. 552.148. EXCEPTION: RECORDS OF COMPTROLLER OR APPRAISAL DISTRICT RECEIVED FROM PRIVATE ENTITY. (a) Information relating to real property sales prices, descriptions, characteristics, and other related information received from a private entity by the comptroller or the chief appraiser of an appraisal district under Chapter 6, Tax Code, is excepted from the requirements of Section 552.021.

(b) Notwithstanding Subsection (a), the property owner or the owner's agent may, on request, obtain from the chief appraiser of the applicable appraisal district a copy of each item of information described by Section 41.461(a)(2), Tax Code, and a copy of each item of information that the chief appraiser took into consideration but does not plan to introduce at the hearing on the protest. In addition, the property owner or agent may, on request, obtain from the chief appraiser comparable sales data from a reasonable number of sales that is relevant to any matter to be determined by the appraisal review board at the hearing on the property owner's protest. Information obtained under this subsection:

(1) remains confidential in the possession of the property owner or agent; and

(2) may not be disclosed or used for any purpose except as evidence or argument at the hearing on the protest.

(c) Notwithstanding Subsection (a) or Section 403.304, Government Code, so as to assist a property owner, a school district, or an appraisal district in a protest filed under Section 403.303, Government Code, the property owner, district, or an agent of the property owner or district may, on request, obtain from the comptroller any information, including confidential information, obtained by the comptroller in connection with the comptroller's finding that is being protested. Confidential information obtained by a property owner, a school district, an appraisal district, or an agent of the owner or district under this subsection:

(1) remains confidential in the possession of the owner, district, or agent; and

(2) may not be disclosed to a person who is not authorized to receive or inspect the information.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.

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