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A BILL TO BE ENTITLED
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AN ACT
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relating to binding arbitration of certain appraisal review board |
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orders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 41A.01, Tax Code, is amended to read as |
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follows: |
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Sec. 41A.01. RIGHT OF APPEAL BY PROPERTY OWNER. As an |
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alternative to filing an appeal under Section 42.01, a property |
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owner is entitled to appeal through binding arbitration under this |
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chapter an appraisal review board order determining a protest filed |
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under Section 41.41(a)(1) or (2) [concerning the appraised or
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market value of real property if:
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[(1) the appraised or market value, as applicable, of
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the property as determined by the order is $1 million or less; and
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[(2) the appeal does not involve any matter in dispute
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other than the determination of the appraised or market value of the
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property]. |
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SECTION 2. The heading to Section 41A.06, Tax Code, is |
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amended to read as follows: |
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Sec. 41A.06. REGISTRY AND INITIAL QUALIFICATION |
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[QUALIFICATIONS] OF ARBITRATORS. |
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SECTION 3. Section 41A.06(b), Tax Code, is amended to read |
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as follows: |
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(b) To initially qualify to serve as an arbitrator under |
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this chapter, a person must: |
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(1) have completed at least 30 hours of training in |
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arbitration and alternative dispute resolution procedures from a |
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university, college, or legal or real estate trade association; |
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(2) have been licensed or certified continuously |
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during the five years preceding the date the person agrees to serve |
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as an arbitrator, as: |
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(A) [be licensed as] a real estate broker or |
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salesperson under Chapter 1101, Occupations Code;[,] or |
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(B) [be licensed or certified as] a real estate |
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appraiser under Chapter 1103, Occupations Code; and |
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(3) agree to conduct an arbitration for a fee that is |
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not more than 90 percent of the amount of the arbitration deposit |
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required by Section 41A.03. |
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SECTION 4. Chapter 41A, Tax Code, is amended by adding |
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Section 41A.061 to read as follows: |
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Sec. 41A.061. CONTINUED QUALIFICATION OF ARBITRATOR; |
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RENEWAL OF AGREEMENT. (a) The comptroller shall include a |
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qualified arbitrator in the registry until the second anniversary |
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of the date the person was added to the registry. To continue to be |
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included in the registry after the second anniversary of the date on |
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which the person was added to the registry, the person must renew |
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the person's agreement with the comptroller to serve as an |
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arbitrator on or as near as possible to the date on which the |
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person's license or certification issued under Chapter 1101 or |
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1103, Occupations Code, is renewed. |
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(b) To renew the person's agreement to serve as an |
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arbitrator, the person must: |
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(1) file a renewal application with the comptroller at |
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the time and in the manner prescribed by the comptroller; |
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(2) continue to meet the requirements provided by |
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Section 41A.06(b); and |
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(3) during the preceding two years have completed at |
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least eight hours of continuing education in arbitration and |
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alternative dispute resolution procedures offered by a university, |
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college, real estate trade association, or legal association. |
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(c) The comptroller shall remove a person from the registry |
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if the person fails or declines to renew the person's agreement to |
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serve as an arbitrator in the manner required by this section. |
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SECTION 5. Section 41A.08(b), Tax Code, as added by |
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Chapters 372 and 912, Acts of the 79th Legislature, Regular |
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Session, 2005, is reenacted and amended to read as follows: |
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(b) The parties to an arbitration proceeding under this |
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chapter may represent themselves or may be represented by: |
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(1) an employee of the appraisal district; |
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(2) an attorney who is licensed in this state; |
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(3) a person who is licensed as a real estate broker or |
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salesperson under Chapter 1101, Occupations Code, or is licensed or |
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certified as a real estate appraiser under Chapter 1103, |
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Occupations Code; [or] |
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(4) a property tax consultant registered under Chapter |
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1152, Occupations Code; or |
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(5) an individual who is licensed as a certified |
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accountant under Chapter 901, Occupations Code. |
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SECTION 6. (a) Sections 41A.01 and 41A.08, Tax Code, as |
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amended by this Act, apply only to an appeal through binding |
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arbitration under Chapter 41A of that code that is requested on or |
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after the effective date of this Act. |
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(b) Section 41A.06, Tax Code, as amended by this Act, |
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applies only to a person who initially qualifies to serve as an |
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arbitrator under Chapter 41A, Tax Code, on or after the effective |
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date of this Act. |
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(c) Section 41A.061, Tax Code, as added by this Act, does |
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not affect the eligibility of a person who is included on the |
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registry list of qualified arbitrators on the effective date of |
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this Act to continue to remain on that registry list before the date |
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on which the person's license or certificate under Chapter 1101 or |
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1103, Occupations Code, expires unless renewed. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |