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SECTION 2. Section 6.41, Tax
Code, is amended by amending Subsections (f) and (i) and adding Subsections
(f-1), (f-2), and (f-3) to read as follows:
(f)
A member of the appraisal review board appointed by the appraisal
district board of directors may be removed from the board by a majority
vote of the appraisal district board of directors. A member of the
appraisal review board or an appraisal review board commissioner appointed
by a local administrative district judge may be removed [, or]
by the local administrative district judge [or the judge's designee, as
applicable, that appointed the member]. Grounds for removal are:
(1)
a violation of Section 6.412, 6.413, 41.66(f), or 41.69;
(2)
failure to attend a [good cause relating to the attendance of
members at] called meeting [meetings] of the board as
established by written policy adopted by a majority of the appraisal
district board of directors; [or]
(3)
failure to conduct hearings as scheduled by the appraisal review board
as established by written policy adopted by a majority of the appraisal
district board of directors;
(4) [clear and
convincing] evidence of [repeated] bias or misconduct; or
(5) physical or verbal abuse of a member of the public appearing
before the board, a member of the board, a member of the appraisal district
board of directors, or the staff of the appraisal district that occurs
during the course of the member's official duties or on the premises of the
appraisal office.
(f-1) For purposes of Subsection (f)(4), failure by a board member
to perform the member's duties in accordance with the guidelines set forth
in the Code of Judicial Conduct is evidence of misconduct by the board
member.
(f-2) The chief appraiser or another employee or agent of an appraisal
district, a member of the appraisal review board for the appraisal
district, or a member of the board of directors of the appraisal district
who has knowledge that a potential ground for removal of a board member or
board commissioner exists shall notify the chairman of the appraisal
district board of directors or the local administrative district judge who
appointed the board member or commissioner, as appropriate, of the
potential ground for removal. Providing notice under this subsection is not
a violation of Subsection (i) or Section 6.411(b).
(f-3) The validity of a board action is not affected by the fact
that the action is taken when a ground for removal of a board member or
board commissioner exists.
(i) This subsection applies
only to an appraisal district described by Subsection (d-1). A chief
appraiser or another employee or agent of the appraisal district, a member
of the appraisal review board for the appraisal district, a member of the
board of directors of the appraisal district, a property tax consultant, or
an agent of a property owner commits an offense if the person communicates
with the local administrative district judge regarding the appointment or
removal of appraisal review board members. This subsection does not
apply to:
(1) a communication between a
member of the appraisal review board and the local administrative district
judge regarding the member's reappointment to or removal from the board;
(2) a communication between
the taxpayer liaison officer for the appraisal district and the local
administrative district judge in the course of the performance of the
officer's clerical duties [so long as
the officer does not offer an opinion or comment regarding the appointment
of appraisal review board members]; or
(3) a communication between a
chief appraiser or another employee or agent of the appraisal district, a
member of the appraisal review board for the appraisal district, the general counsel or other attorney for the
appraisal review board, or a member of the board of directors of
the appraisal district and the local administrative district judge
regarding information described by Subsection (d-1) or (f-2) of this section or Section
411.1296, Government Code.
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SECTION 1. Section 6.41(i),
Tax Code, is amended to read as follows:
(i) This subsection applies
only to an appraisal district described by Subsection (d-1). A chief
appraiser or another employee or agent of the appraisal district, a member
of the appraisal review board for the appraisal district, a member of the
board of directors of the appraisal district, a property tax consultant, or
an agent of a property owner commits an offense if the person communicates
with the local administrative district judge regarding the appointment of
appraisal review board members. This subsection does not apply to:
(1) a communication between a
member of the appraisal review board and the local administrative district
judge regarding the member's reappointment to the board;
(2) a communication between
the taxpayer liaison officer for the appraisal district and the local
administrative district judge in the course of the performance of the
officer's clerical duties so long as the
officer does not offer an opinion or comment regarding the appointment of
appraisal review board members; or
(3) a communication between a
chief appraiser or another employee or agent of the appraisal district, a
member of the appraisal review board for the appraisal district, or a
member of the board of directors of the appraisal district and the local
administrative district judge regarding information relating to or described by Subsection
(d-1), (d-5), or (f) of this
section or Section 411.1296, Government Code.
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SECTION 3. Section
6.411(c-1), Tax Code, is amended to read as follows:
(c-1) This section does not
apply to communications with a member of an appraisal review board by the
chief appraiser or another employee or a member of the board of directors
of an appraisal district or a property tax consultant or attorney
representing a party to a proceeding before the appraisal review board:
(1) during a hearing on a
protest or other proceeding before the appraisal review board;
(2) that constitute social
conversation;
(3) that are specifically
limited to and involve administrative, clerical, or logistical matters
related to the scheduling and operation of hearings, the processing of
documents, the issuance of orders, notices, and subpoenas, and the
operation, appointment, reappointment, removal, composition, or
attendance at training of the appraisal review board; or
(4) that are necessary and
appropriate to enable the board of directors of the appraisal district to
determine whether to appoint, reappoint, or remove a person as a member,
commissioner, or officer [the chairman or secretary] of
the appraisal review board.
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No
equivalent provision.
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