81R22599 SMH-D
 
  By: Villarreal, Flores H.B. No. 2317
 
  Substitute the following for H.B. No. 2317:
 
  By:  Otto C.S.H.B. No. 2317
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the qualifications and training of appraisal review
  board members.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 5.041, Tax Code, is amended by amending
  Subsection (a) and adding Subsections (e-1), (e-2), and (e-3) to
  read as follows:
         (a)  The comptroller shall:
               (1)  approve curricula and provide materials for use in
  training and educating members of an appraisal review board; and
               (2)  supervise a comprehensive course for training and
  education of appraisal review board members and issue certificates
  indicating course completion.
         (e-1)  In addition to the course established under
  Subsection (a), the comptroller shall approve curricula and provide
  materials for use in a continuing education course for members of an
  appraisal review board.  The curricula and materials must include
  information regarding:
               (1)  the cost, income, and market data comparison
  methods of appraising property;
               (2)  the appraisal of business personal property;
               (3)  the determination of capitalization rates for
  property appraisal purposes;
               (4)  the duties of an appraisal review board;
               (5)  the requirements regarding the independence of an
  appraisal review board from the board of directors and the chief
  appraiser and other employees of the appraisal district;
               (6)  the prohibitions against ex parte communications
  applicable to appraisal review board members;
               (7)  the Uniform Standards of Professional Appraisal
  Practice;
               (8)  the duty of the appraisal district to substantiate
  the district's determination of the value of property; and
               (9)  the requirements regarding the equal and uniform
  appraisal of property.
         (e-2)  As soon as practicable after the beginning of the
  second year of an appraisal review board member's term of office,
  the member must successfully complete the course established under
  Subsection (e-1). A person who fails to timely complete the course
  established under Subsection (e-1) may not be reappointed to an
  additional term on the appraisal review board. If the person is
  reappointed to an additional term on the appraisal review board,
  the person must successfully complete the course established under
  Subsection (e-1) in each year the member continues to serve.
         (e-3)  The comptroller may contract with service providers
  to assist with the duties imposed under Subsection (e-1), but the
  course required by that subsection may not be provided by an
  appraisal district or a taxing unit. The comptroller may assess a
  fee to recover a portion of the costs incurred for the continuing
  education course, but the fee may not exceed $50 for each person
  trained.
         SECTION 2.  Section 6.42(a), Tax Code, is amended to read as
  follows:
         (a)  A majority of the appraisal review board constitutes a
  quorum. The board of directors of the appraisal district by
  resolution shall select [elect] a chairman and a secretary from
  among the [its] members of the appraisal review board. The board of
  directors of the appraisal district is encouraged to select as
  chairman of the appraisal review board a member of the appraisal
  review board, if any, who has a background in law and property
  appraisal.
         SECTION 3.  The change in law made by this Act to continuing
  education requirements under Section 5.041, Tax Code, applies only
  to a term of office that expires on or after the effective date of
  this Act.
         SECTION 4.  This Act takes effect September 1, 2009.