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A BILL TO BE ENTITLED
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AN ACT
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relating to pretrial settlement discussions during ad valorem tax |
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appeals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 42, Tax Code, is amended by |
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adding Section 42.227 to read as follows: |
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Sec. 42.227. PRETRIAL SETTLEMENT DISCUSSIONS. (a) A |
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property owner or appraisal district that is a party to an appeal |
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under this chapter may request that the parties engage in |
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settlement discussions, including through an informal settlement |
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conference or a form of alternative dispute resolution. The request |
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must be in writing and delivered to the other party before the date |
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of trial. The court on motion of either party shall enter orders |
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necessary to implement this section, including an order: |
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(1) specifying the form that the settlement |
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discussions must take; or |
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(2) changing a deadline to designate experts |
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prescribed by Subsection (c). |
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(b) On or before the 120th day after the date the written |
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request is delivered under Subsection (a), each party or the |
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party's attorney of record shall attend the settlement discussions |
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and make a good faith effort to resolve the matter under appeal. |
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(c) If the appraisal district is unable for any reason to |
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attend the settlement discussions on or before the 120th day after |
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the date the written request is delivered under Subsection (a), the |
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deadline to designate experts for the appeal is, notwithstanding a |
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deadline prescribed by the Texas Rules of Civil Procedure: |
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(1) with regard to all experts testifying for a party |
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seeking affirmative relief, 60 days before the date of trial; and |
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(2) with regard to all other experts, 30 days before |
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the date of trial. |
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(d) If a property owner is unable for any reason to attend |
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the settlement discussions on or before the 120th day after the date |
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the written request is delivered under Subsection (a), Section |
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42.23(d) does not apply to the parties to the appeal. |
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(e) An appraisal district may not request or require a |
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property owner to waive a right under this title as a condition of |
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attending a settlement discussion. |
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SECTION 2. The changes in law made by this Act apply only to |
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an appeal filed under Chapter 42, Tax Code, on or after the |
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effective date of this Act. An appeal filed under Chapter 42, Tax |
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Code, before the effective date of this Act is governed by the law |
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applicable to the appeal immediately before the effective date of |
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this Act, and the former law is continued in effect for that |
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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, 2015. |