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A BILL TO BE ENTITLED
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AN ACT
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relating to the obligation of an appraisal review board to respond |
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to a property owner's request to postpone a hearing of the board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 41.45(e), Tax Code, is amended to read as |
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follows: |
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(e) On request made to the appraisal review board before the |
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date of the hearing, a property owner who has not designated an |
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agent under Section 1.111 to represent the owner at the hearing is |
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entitled to one postponement of the hearing to a later date without |
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showing cause. In addition and without limitation as to the number |
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of postponements, the board shall postpone the hearing to a later |
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date if the property owner or the owner's agent at any time shows |
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good cause for the postponement or if the chief appraiser consents |
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to the postponement. The hearing may not be postponed to a date |
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less than five or more than 30 days after the date scheduled for the |
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hearing when the postponement is sought unless the date and time of |
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the hearing as postponed are agreed to by the chairman of the |
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[appraisal review] board or the chairman's representative, the |
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property owner, and the chief appraiser. A request by a property |
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owner for a postponement under this subsection may be made in |
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writing, including by facsimile transmission or electronic mail, by |
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telephone, or in person to the [appraisal review] board, a panel of |
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the board, or the chairman of the board. The request must include |
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the mailing address and electronic mail address of the property |
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owner or agent making the request. The chairman or the chairman's |
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representative may take action on a postponement under this |
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subsection without the necessity of action by the full board if the |
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hearing for which the postponement is requested is scheduled to |
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occur before the next regular meeting of the board. Not later than |
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the seventh day after the date a request for a postponement is |
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received, the [The granting by the appraisal review] board, the |
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chairman of the board, or the chairman's representative must |
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respond in writing or by electronic mail to the property owner or |
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agent making the request and, if the request is granted, provide |
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notice of the date, time, and place fixed for the hearing [of a
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postponement under this subsection does not require the delivery of
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additional written notice to the property owner]. |
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SECTION 2. The change in law made by this Act applies only |
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to a request for a postponement of an appraisal review board hearing |
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received by an appraisal review board on or after the effective date |
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of this Act. A request for a postponement of an appraisal review |
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board hearing received before the effective date of this Act is |
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governed by the law in effect when the request was received, and the |
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former law is continued in effect for that purpose. |
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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, 2013. |