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A BILL TO BE ENTITLED
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AN ACT
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relating to the appeal of an appraisal review board order to |
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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(c), Tax Code, is amended to read as |
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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, the property |
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owner may appeal the subsequent appraisal review board order by |
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amending the original petition for the pending appeal to include |
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the grounds for appealing the subsequent order if the original |
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petition for the pending appeal has not previously been amended to |
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add a subsequent appraisal review board order. The amended |
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petition must be filed with the court in the period provided by |
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Subsection (a) for filing a petition for review of the subsequent |
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order. A property owner may appeal the subsequent appraisal review |
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board order under this subsection or may appeal the order |
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independently of the pending appeal as otherwise provided by this |
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section, but may not do both. A property owner may change the |
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election of remedies provided by this subsection at any time before |
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the end of the period provided by Subsection (a) for filing a |
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petition for review. Only one subsequent appraisal review board |
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order may be added to an existing appeal by amending the original |
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petition. After a petition has been amended to include a subsequent |
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appraisal review board order, no additional subsequent appraisal |
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review board orders may be added to that appeal. |
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SECTION 2. Section 42.23, Tax Code, is amended by adding |
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Subsections (f) and (g) 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 under this chapter the |
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following deadlines shall apply: |
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(1) if a property owner invokes the modified discovery |
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rules described in Subsection (d), each party must designate expert |
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witnesses and furnish written reports no later than 90 days prior to |
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trial; or |
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(2) if a property owner does not invoke the modified |
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discovery rules described in Subsection (d), the party seeking |
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affirmative relief must designate expert witnesses and furnish |
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written reports no later than 90 days prior to trial, and all other |
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parties must designate expert witnesses and furnish written reports |
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no later than 60 days prior to trial. |
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(g) The discovery deadlines prescribed by this section may |
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be amended by agreement of the parties. |
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SECTION 3. Chapter 42, Tax Code, is amended by adding |
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Section 42.265 to read as follows: |
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Sec. 42.265. 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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under this chapter, all parties must be ready for trial and submit |
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an agreed order setting a trial date no later than the second |
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anniversary of the date the petition for review was filed with the |
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district clerk. |
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(b) If a party is not ready for trial by the second |
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anniversary of the date the petition for review was filed, or if a |
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party will not agree to an order setting a trial date by the second |
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anniversary of the date the petition for review was filed, the |
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trial court may strike the pleadings of that party and, upon motion |
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of the party that is ready for trial, enter a default judgment |
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against the party that is not ready. |
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(c) If a petition for review is amended pursuant to Section |
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42.21 to add a claim for a subsequent year, the deadline contained |
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in Subsection (a) is extended to the second anniversary of the date |
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the amended petition for review was filed with the district clerk. |
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(d) An appeal under this chapter may not be dismissed for |
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want of prosecution prior to the trial deadlines prescribed by this |
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section. If neither party has announced ready for trial pursuant to |
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the trial deadlines prescribed by this section, the trial court may |
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dismiss the appeal for want of prosecution after notice to the |
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parties of its intent to do so pursuant to Rule 165a, Texas Rules of |
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Civil Procedure. |
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(e) The trial court shall grant a continuance or an |
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extension of the deadlines prescribed by this section upon a |
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showing of good cause by a party or on its own motion if the court |
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finds substantial and unavoidable reasons 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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Sec. 23.101. (a) The trial courts of this state shall |
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regularly and frequently set hearings and trials of pending |
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matters, giving 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 |