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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of an administrative law judge of the |
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State Office of Administrative Hearings to award attorney's fees in |
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an appeal of an appraisal review board order determining a protest. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2003.912(b), Government Code, is amended |
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to read as follows: |
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(b) The determination: |
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(1) must include a determination of the appraised or |
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market value, as applicable, of the property that is the subject of |
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the appeal; |
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(2) must contain a brief analysis of the |
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administrative law judge's rationale for and set out the key |
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findings in support of the determination but is not required to |
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contain a detailed discussion of the evidence admitted or the |
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contentions of the parties; |
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(3) may include any remedy or relief a court may order |
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under Chapter 42, Tax Code, in an appeal relating to the appraised |
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or market value of property, including [other than] an award of |
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reasonable attorney's fees in an amount that does not exceed the |
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amount specified by [under] Section 42.29, Tax Code; and |
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(4) shall specify whether the appraisal district or |
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the property owner is required to pay the costs of the hearing and |
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the amount of those costs. |
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SECTION 2. The change in law made by this Act applies to an |
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appeal under Subchapter Z, Chapter 2003, Government Code, that is |
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pending on the effective date of this Act or that is filed on or |
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after that date. |
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SECTION 3. 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, 2011. |