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A BILL TO BE ENTITLED
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AN ACT
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relating to the abatement of discovery during pretrial settlement |
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discussions in certain ad valorem tax appeals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.227, Tax Code, is amended by amending |
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Subsection (a) and adding Subsections (f) and (g) to read as |
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follows: |
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(a) A property owner or appraisal district that is a party |
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to an appeal under this chapter may request that the parties engage |
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in settlement discussions, including through an informal |
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settlement conference or a form of alternative dispute resolution. |
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The request must be in writing and delivered to the other party |
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before the date of trial. The court on motion of either party shall |
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enter orders necessary to implement this section, including an |
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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); or |
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(3) abating discovery during the period prescribed by |
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this section for conducting settlement discussions as provided by |
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Subsection (f). |
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(f) Either party to an appeal under this chapter may file a |
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motion with the court requesting that the court abate discovery |
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during the period prescribed by this section for conducting |
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settlement discussions. The court shall grant the motion unless |
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the nonmoving party shows good cause to deny the motion. |
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(g) The procedures provided by this section are necessary |
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for a fair adjudication of an appeal under this chapter. The court |
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shall grant a continuance to provide a party to the appeal the |
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opportunity to comply with the procedures of this section. |
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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 December 1, 2017. |