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A BILL TO BE ENTITLED
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AN ACT
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relating to an appeal of an order of an appraisal review board to a |
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district court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.21, Tax Code, is amended by amending |
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Subsection (c) and adding Subsection (c-1) to read as follows: |
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(c) If an appeal under this chapter is pending when the |
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appraisal review board issues an order in a subsequent year under a |
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protest by the same property owner and that protest relates to the |
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same property that is involved in the pending appeal, except as |
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provided by Subsection (c-1), the property owner may appeal the |
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subsequent appraisal review board order by amending the original |
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petition for the pending appeal to include the grounds for |
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appealing the subsequent order. The amended petition must be filed |
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with the court in the period provided by Subsection (a) for filing a |
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petition for review of the subsequent order. A property owner may |
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appeal the subsequent appraisal review board order under this |
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subsection or may appeal the order independently of the pending |
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appeal as otherwise provided by this section, but may not do both. |
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A property owner may change the election of remedies provided by |
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this subsection at any time before the end of the period provided by |
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Subsection (a) for filing a petition for review. |
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(c-1) A petition for review filed by a property owner may |
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not be amended to include more than one order issued in a subsequent |
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year by an appraisal review board. |
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SECTION 2. Section 42.23, Tax Code, is amended by adding |
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Subsections (f), (g), (h), and (i) to read as follows: |
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(f) Notwithstanding anything to the contrary in the Texas |
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Rules of Civil Procedure, in an appeal brought under this chapter |
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the discovery deadlines prescribed by Subsections (g)-(i) apply. |
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(g) If a property owner invokes the modified discovery rules |
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described by Subsection (d), each party must designate expert |
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witnesses and furnish written reports not later than 90 days before |
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trial. |
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(h) If a property owner does not invoke the modified |
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discovery rules described by Subsection (d): |
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(1) the party seeking affirmative relief must |
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designate expert witnesses and furnish written reports not later |
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than 90 days before trial; and |
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(2) each other party must designate expert witnesses |
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and furnish written reports not later than 60 days before trial. |
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(i) The discovery deadlines prescribed by this section may |
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be waived by agreement of the parties to the appeal. The parties |
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may agree to alternative discovery deadlines. |
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SECTION 3. Subchapter B, Chapter 42, Tax Code, is amended by |
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adding Section 42.235 to read as follows: |
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Sec. 42.235. TRIAL DEADLINE; DEFAULT FOR FAILURE TO MEET |
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DEADLINE; DISMISSAL FOR WANT OF PROSECUTION. (a) In an appeal |
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brought under this chapter, all parties must be ready for trial and |
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submit an agreed order setting a trial date on or before the second |
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anniversary of the date the petition for review was filed with the |
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district court. |
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(b) If a party has not announced ready for trial on or before |
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the second anniversary of the date the petition for review was |
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filed, or if a party does not agree to an order setting a trial date |
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on or before the second anniversary of the date the petition for |
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review was filed, the district court, after that second |
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anniversary, may: |
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(1) strike the pleadings of that party; and |
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(2) on a motion of a party that has announced ready for |
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trial, enter a default judgment against the party that has not |
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announced ready for trial or agreed to an order setting a trial |
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date. |
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(c) If a petition for review is amended under Section 42.21 |
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to add an appeal of an order of the appraisal review board issued in |
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a subsequent year, the deadlines imposed by Subsection (a) are |
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extended until the second anniversary of the date the amended |
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petition for review was filed with the district court. |
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(d) An appeal brought under this chapter may not be |
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dismissed for want of prosecution before the applicable deadline |
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prescribed by this section. If none of the parties to the appeal |
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has announced ready for trial on or before the applicable deadline |
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prescribed by this section, after giving notice to the parties of |
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the court's intention to dismiss the appeal in the manner required |
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by Rule 165a, Texas Rules of Civil Procedure, the district court may |
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dismiss the appeal for want of prosecution. |
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(e) The district court shall grant a continuance or an |
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extension of the deadlines prescribed by this section: |
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(1) on a showing of good cause by a party to the |
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appeal; or |
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(2) on the court's own motion if the court finds a |
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substantial and unavoidable reason for a delay. |
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SECTION 4. Section 23.101(a), Government Code, is amended |
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to read as follows: |
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(a) The trial courts of this state shall regularly and |
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frequently set hearings and trials of pending matters, giving |
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preference to hearings and trials of the following: |
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(1) temporary injunctions; |
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(2) criminal actions, with the following actions given |
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preference over other criminal actions: |
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(A) criminal actions against defendants who are |
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detained in jail pending trial; |
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(B) criminal actions involving a charge that a |
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person committed an act of family violence, as defined by Section |
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71.004, Family Code; |
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(C) an offense under: |
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(i) Section 21.02 or 21.11, Penal Code; |
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(ii) Chapter 22, Penal Code, if the victim |
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of the alleged offense is younger than 17 years of age; |
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(iii) Section 25.02, Penal Code, if the |
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victim of the alleged offense is younger than 17 years of age; |
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(iv) Section 25.06, Penal Code; or |
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(v) Section 43.25, Penal Code; and |
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(D) an offense described by Article 62.001(6)(C) |
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or (D), Code of Criminal Procedure; |
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(3) election contests and suits under the Election |
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Code; |
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(4) orders for the protection of the family under |
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Subtitle B, Title 4, Family Code; |
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(5) appeals of final rulings and decisions of the |
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division of workers' compensation of the Texas Department of |
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Insurance regarding workers' compensation claims and claims under |
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the Federal Employers' Liability Act and the Jones Act; |
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(6) appeals of final orders of the commissioner of the |
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General Land Office under Section 51.3021, Natural Resources Code; |
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(7) actions in which the claimant has been diagnosed |
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with malignant mesothelioma, other malignant asbestos-related |
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cancer, malignant silica-related cancer, or acute silicosis; and |
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(8) appeals brought under Section 42.01 or 42.015, Tax |
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Code, of orders of appraisal review boards of appraisal districts |
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[established for counties with a population of less than 175,000]. |
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SECTION 5. The change in the law made by this Act applies |
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only to an appeal under Chapter 42, Tax Code, for which a petition |
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for review is filed on or after the effective date of this Act. An |
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appeal under Chapter 42, Tax Code, for which a petition for review |
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was filed before the effective date of this Act is governed by the |
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law in effect on the date the petition for review was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2009. |