BILL ANALYSIS |
C.S.S.B. 593 |
By: Watson |
Ways & Means |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Interested parties report that, in litigation over property appraisals, the property owner is owed attorney's fees if the court determines that the property value according to the appraisal roll exceeds the required appraised value. Interested parties contend that legislation is needed to foster the timely resolution of lawsuits relating to property appraisals by requiring both sides to engage in settlement conferences, thereby reducing attorney fees. C.S.S.B. 593 seeks to address this issue.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.S.B. 593 amends the Tax Code to authorize a property owner or appraisal district that is a party to a property tax appeal by judicial review to request that the parties engage in settlement discussions, including through an informal settlement conference or a form of alternative dispute resolution. The bill requires the request to be in writing and delivered to the other party before the date of trial and requires the court, on motion of either party, to enter orders necessary to implement pretrial settlement discussions.
C.S.S.B. 593 requires each party or the party's attorney of record to attend the settlement discussions and make a good faith effort to resolve the matter under appeal on or before the 120th day after the date the written request is delivered. The bill sets the deadline for designating experts for the appeal, if the appraisal district is unable for any reason to attend the settlement discussions on or before the 120th day after the date the written request is delivered and notwithstanding a deadline prescribed by the Texas Rules of Civil Procedure, at 60 days before the date of trial with regard to all experts testifying for a party seeking affirmative relief and at 30 days before the date of trial with regard to all other experts.
C.S.S.B. 593 establishes that if a property owner is unable for any reason to attend the settlement discussions on or before the 120th day after the date the written request is delivered, statutory provisions specifying that each party to an appeal is considered a party seeking affirmative relief for the purpose of discovery regarding expert witnesses under the Texas Rules of Civil Procedure under certain conditions do not apply to the parties to the appeal. The bill prohibits an appraisal district from requesting or requiring a property owner to waive a right under the Property Tax Code as a condition of attending a settlement discussion. |
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EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2015.
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COMPARISON OF SENATE ENGROSSED AND SUBSTITUTE
While C.S.S.B. 593 may differ from the engrossed in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the engrossed and committee substitute versions of the bill.
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