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A BILL TO BE ENTITLED
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AN ACT
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relating to the appeal through binding arbitration of certain |
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appraisal review board orders; changing the amounts of certain |
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fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 41A.03(a), Tax Code, is amended to read |
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as follows: |
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(a) To appeal an appraisal review board order under this |
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chapter, a property owner must file with the appraisal district not |
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later than the 45th day after the date the property owner receives |
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notice of the order: |
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(1) a completed request for binding arbitration under |
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this chapter in the form prescribed by Section 41A.04; and |
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(2) an arbitration deposit made payable to the |
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comptroller in the amount of: |
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(A) $250 [$450], if the property qualifies as the |
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owner's residence homestead under Section 11.13 and the appraised |
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or market value, as applicable, of the property is $250,000 |
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[$500,000] or less, as determined by the order; |
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(B) $350 [$500], if the property qualifies as the |
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owner's residence homestead under Section 11.13 and the appraised |
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or market value, as applicable, of the property is more than |
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$250,000 but not more than $500,000, as determined by the order; |
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(C) $500, if the property qualifies as the |
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owner's residence homestead under Section 11.13 and the appraised |
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or market value, as applicable, of the property is more than |
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$500,000, as determined by the order; |
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(D) $500, if the property does not qualify as the |
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owner's residence homestead under Section 11.13 and the appraised |
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or market value, as applicable, of the property is $1 million or |
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less, as determined by the order; |
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(E) [(D)] $800, if the property does not qualify |
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as the owner's residence homestead under Section 11.13 and the |
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appraised or market value, as applicable, of the property is more |
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than $1 million but not more than $2 million, as determined by the |
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order; or |
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(F) [(E)] $1,050, if the property does not |
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qualify as the owner's residence homestead under Section 11.13 and |
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the appraised or market value, as applicable, of the property is |
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more than $2 million but not more than $3 million, as determined by |
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the order. |
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SECTION 2. Section 41A.06(b), Tax Code, is amended to read |
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as follows: |
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(b) To initially qualify to serve as an arbitrator under |
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this chapter, a person must: |
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(1) meet the following requirements, as applicable: |
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(A) be licensed as an attorney in this state; or |
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(B) have: |
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(i) completed at least 30 hours of training |
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in arbitration and alternative dispute resolution procedures from a |
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university, college, or legal or real estate trade association; and |
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(ii) been licensed or certified |
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continuously during the five years preceding the date the person |
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agrees to serve as an arbitrator as: |
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(a) a real estate broker or sales |
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agent [salesperson] under Chapter 1101, Occupations Code; |
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(b) a real estate appraiser under |
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Chapter 1103, Occupations Code; or |
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(c) a certified public accountant |
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under Chapter 901, Occupations Code; and |
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(2) agree to conduct an arbitration for a fee that is |
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not more than: |
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(A) $200 [$400], if the property qualifies as the |
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owner's residence homestead under Section 11.13 and the appraised |
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or market value, as applicable, of the property is $250,000 |
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[$500,000] or less, as determined by the order; |
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(B) $300 [$450], if the property qualifies as the |
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owner's residence homestead under Section 11.13 and the appraised |
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or market value, as applicable, of the property is more than |
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$250,000 but not more than $500,000, as determined by the order; |
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(C) $450, if the property qualifies as the |
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owner's residence homestead under Section 11.13 and the appraised |
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or market value, as applicable, of the property is more than |
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$500,000, as determined by the order; |
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(D) $450, if the property does not qualify as the |
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owner's residence homestead under Section 11.13 and the appraised |
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or market value, as applicable, of the property is $1 million or |
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less, as determined by the order; |
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(E) [(D)] $750, if the property does not qualify |
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as the owner's residence homestead under Section 11.13 and the |
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appraised or market value, as applicable, of the property is more |
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than $1 million but not more than $2 million, as determined by the |
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order; or |
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(F) [(E)] $1,000, if the property does not |
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qualify as the owner's residence homestead under Section 11.13 and |
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the appraised or market value, as applicable, of the property is |
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more than $2 million but not more than $3 million, as determined by |
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the order. |
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SECTION 3. The changes in law made by this Act apply only to |
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a request for binding arbitration under Chapter 41A, Tax Code, that |
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is filed on or after the effective date of this Act. A request for |
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binding arbitration under Chapter 41A, Tax Code, that is filed |
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before the effective date of this Act is governed by the law in |
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effect on the date the request is filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |