By: Bettencourt S.B. No. 849
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to access to and fees associated with binding arbitration
  of appraisal review board orders.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 41A.01, Tax Code, is amended to read as
  follows:
         Sec. 41A.01.  RIGHT OF APPEAL BY PROPERTY OWNER.  As an
  alternative to filing an appeal under Section 42.01, a property
  owner is entitled to appeal through binding arbitration under this
  chapter an appraisal review board order determining a protest filed
  under Section 41.41(a)(1) or (2) concerning the appraised or market
  value of property if:
               (1)  the property qualifies as the owner's residence
  homestead under Section 11.13; or
               (2)  the appraised or market value, as applicable, of
  the property as determined by the order is $3 [$1] million or less.
         SECTION 2.  Section 41A.03(a), Tax Code, is amended to read
  as follows:
         (a)  To appeal an appraisal review board order under this
  chapter, a property owner must file with the appraisal district not
  later than the 45th day after the date the property owner receives
  notice of the order:
               (1)  a completed request for binding arbitration under
  this chapter in the form prescribed by Section 41A.04; and
               (2)  an arbitration deposit made payable to the
  comptroller in the amount of:
                     (A)  $450, if the property qualifies as the
  owner's residence homestead under Section 11.13 and the appraised
  or market value, as applicable, of the property is $500,000 or less,
  as determined by the order;
                     (B)  $500, if the property qualifies as the
  owner's residence homestead under Section 11.13 and the appraised
  or market value, as applicable, of the property is more than
  $500,000, as determined by the order;
                     (C)  $500, if the property does not qualify as the
  owner's residence homestead under Section 11.13 and the appraised
  or market value, as applicable, of the property is $1 million or
  less, as determined by the order;
                     (D)  $800, if the property does not qualify as the
  owner's residence homestead under Section 11.13 and the appraised
  or market value, as applicable, of the property is more than $1
  million but not more than $2 million, as determined by the order; or
                     (E)  $1,050, if the property does not qualify as
  the owner's residence homestead under Section 11.13 and the
  appraised or market value, as applicable, of the property is more
  than $2 million but not more than $3 million, as determined by the
  order [$500].
         SECTION 3.  Section 41A.05(b), Tax Code, is amended to read
  as follows:
         (b)  The comptroller may retain $50 [an amount equal to 10
  percent] of the deposit to cover the comptroller's administrative
  costs.
         SECTION 4.  Section 41A.06(b), Tax Code, is amended to read
  as follows:
         (b)  To initially qualify to serve as an arbitrator under
  this chapter, a person must:
               (1)  meet the following requirements, as applicable:
                     (A)  be licensed as an attorney in this state; or
                     (B)  have:
                           (i)  completed at least 30 hours of training
  in arbitration and alternative dispute resolution procedures from a
  university, college, or legal or real estate trade association; and
                           (ii)  been licensed or certified
  continuously during the five years preceding the date the person
  agrees to serve as an arbitrator as:
                                 (a)  a real estate broker or
  salesperson under Chapter 1101, Occupations Code;
                                 (b)  a real estate appraiser under
  Chapter 1103, Occupations Code; or
                                 (c)  a certified public accountant
  under Chapter 901, Occupations Code; and
               (2)  agree to conduct an arbitration for a fee that is
  not more than:
                     (A)  $400, if the property qualifies as the
  owner's residence homestead under Section 11.13 and the appraised
  or market value, as applicable, of the property is $500,000 or less,
  as determined by the order;
                     (B)  $450, if the property qualifies as the
  owner's residence homestead under Section 11.13 and the appraised
  or market value, as applicable, of the property is more than
  $500,000, as determined by the order;
                     (C)  $450, if the property does not qualify as the
  owner's residence homestead under Section 11.13 and the appraised
  or market value, as applicable, of the property is $1 million or
  less, as determined by the order;
                     (D)  $750, if the property does not qualify as the
  owner's residence homestead under Section 11.13 and the appraised
  or market value, as applicable, of the property is more than $1
  million but not more than $2 million, as determined by the order; or
                     (E)  $1,000, if the property does not qualify as
  the owner's residence homestead under Section 11.13 and the
  appraised or market value, as applicable, of the property is more
  than $2 million but not more than $3 million, as determined by the
  order [90 percent of the amount of the arbitration deposit required
  by Section 41A.03].
         SECTION 5.  The change in law made by this Act applies only
  to a request for binding arbitration under Chapter 41A, Tax Code,
  that is filed on or after the effective date of this Act. A request
  for binding arbitration under Chapter 41A, Tax Code, that is filed
  before the effective date of this Act is governed by the law in
  effect on the date the request is filed, and the former law is
  continued in effect for that purpose.
         SECTION 6.  This Act takes effect on September 1, 2015.