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A BILL TO BE ENTITLED
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AN ACT
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relating to appraisal review board members. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 6.41, Tax Code, is amended by amending |
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Subsections (c), (d), (d-2), (d-3), (e), (f), and (g) and adding |
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Subsection (i) to read as follows: |
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(c) To be eligible to serve on the board, an individual |
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must: |
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(1) be a citizen of the United States; |
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(2) be a resident of the district; and |
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(3) [must] have resided in the district for at least |
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two years. |
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(d) Members [Except as provided by Subsection (d-1),
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members] of the board are appointed by the local administrative |
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district judge in the county in which the appraisal district is |
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established [resolution of a majority of the appraisal district
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board of directors]. A vacancy on the board is filled in the same |
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manner for the unexpired portion of the term. |
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(d-2) A local administrative district judge [making
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appointments under Subsection (d-1)] may make [such] appointments |
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under Subsection (d) directly or may, by written order, appoint |
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from three to five persons to perform the duties of appraisal review |
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board commissioner. If the local administrative district judge |
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chooses to appoint appraisal review board commissioners, each |
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commissioner shall possess the same qualifications as those |
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required of an appraisal review board member. |
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(d-3) The local administrative district judge [making
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appointments under Subsection (d-1)] shall cause the proper officer |
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to notify the [such] appointees of their [such] appointment, and |
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when and where they are to appear. |
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(e) Members of the board hold office for terms of two years |
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beginning January 1. The appraisal district board of directors by |
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resolution shall provide for staggered terms, so that the terms of |
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as close to one-half of the members as possible expire each year. |
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In making the initial or subsequent appointments, [the board of
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directors or] the local administrative district judge or the |
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judge's designee shall designate those members who serve terms of |
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one year as needed to comply with this subsection. |
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(f) A member of the board may be removed from the board [by a
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majority vote of the appraisal district board of directors, or] by |
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the local administrative district judge or the judge's designee[,
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as applicable, that appointed the member]. Grounds for removal |
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are: |
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(1) ineligibility, including a violation of Section |
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6.412 or [,] 6.413; |
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(2) a violation of Section [,] 41.66(f)[,] or 41.69; |
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or |
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(3) [(2)] good cause relating to the attendance of |
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members at called meetings or hearings of the board as established |
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by written policy adopted by a majority of the appraisal district |
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board of directors. |
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(g) Subsection (a) does not preclude the boards of directors |
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of two or more adjoining appraisal districts from providing for the |
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operation of a consolidated appraisal review board by interlocal |
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contract. Members of a consolidated appraisal review board are |
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appointed jointly by the local administrative district judges in |
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the counties in which the appraisal districts that are parties to |
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the contract are established. |
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(i) Service on a board does not constitute employment for |
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the purposes of Chapter 201, Labor Code. |
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SECTION 2. Section 411.1296, Government Code, is amended to |
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read as follows: |
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Sec. 411.1296. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: EMPLOYMENT BY APPRAISAL DISTRICT AND APPOINTMENT TO |
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APPRAISAL REVIEW BOARD. (a) Except as provided by Subsection (b), |
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an appraisal district established by Section 6.01, Tax Code, and a |
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local administrative district judge acting under Section 6.41, Tax |
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Code, are [is] entitled to obtain from the department criminal |
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history record information maintained by the department that |
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relates to a person who is an applicant for employment by the |
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appraisal district or appointment to the appraisal review board for |
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the district, as applicable. |
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(b) An appraisal district and a local administrative |
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district judge are [is] not entitled to obtain under this section |
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any information about a person if the appraisal district or local |
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administrative district judge, as applicable, is entitled to obtain |
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under another section of this subchapter any criminal history |
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record information about the person. |
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SECTION 3. Section 6.41(d-1), Tax Code, is repealed. |
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SECTION 4. (a) As soon as practicable on or after January |
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1, 2012, the local administrative district judge or the judge's |
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designee in each county, in the manner provided by Section 6.41, Tax |
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Code, as amended by this Act, shall appoint the members of the |
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appraisal review board for the appraisal district established in |
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the county. In making the initial appointments, the judge or |
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judge's designee shall designate those members who serve terms of |
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one year as necessary to comply with Section 6.41(e), Tax Code, as |
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amended by this Act. |
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(b) The changes made to Section 6.41, Tax Code, as amended |
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by this Act, apply only to the appointment of appraisal review board |
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members to terms beginning on or after January 1, 2012. This Act |
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does not affect the term of an appraisal review board member serving |
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on December 31, 2011, if the member was appointed before the |
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effective date of this Act to a term that began before December 31, |
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2011, and expires December 31, 2012. |
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SECTION 5. This Act takes effect January 1, 2012. |