85R5045 TJB-D

By: Uresti H.B. No. 3191

A BILL TO BE ENTITLED

AN ACT

relating to the appeal through binding arbitration of certain appraisal review board orders.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 41A.04, Tax Code, is amended to read as follows:

Sec. 41A.04. CONTENTS OF REQUEST FORM. (a) The comptroller by rule shall prescribe the form of a request for binding arbitration under this chapter.

(b) The form must require a [the] property owner to provide only:

(1) a brief statement that explains the basis for the property owner's appeal of the appraisal review board order;

(2) a statement of the property owner's opinion of the appraised or market value, as applicable, of the property that is the subject of the appeal; and

(3) any other information reasonably necessary for the appraisal district to request appointment of an arbitrator.

(c) The form must allow a property owner requesting binding arbitration regarding property located in a county described by Section 6.41(d-1) to request that the arbitrator be selected only from those arbitrators listed in the comptroller's registry who reside in that county.

(d) The form must allow a property owner to request that the hearing on the arbitration be conducted in person.

SECTION 2. Section 41A.06(a), Tax Code, is amended to read as follows:

(a) The comptroller shall maintain a registry listing by county of residence the qualified persons who have agreed to serve as arbitrators under this chapter.

SECTION 3. Sections 41A.07(a), (c), and (d), Tax Code, are amended to read as follows:

(a) On receipt of the request and deposit under Section 41A.05, the comptroller shall send the property owner and the appraisal district a copy of the comptroller's registry of qualified arbitrators and request that the parties select an arbitrator from the registry. The comptroller may send a copy of the registry to the parties by regular mail in paper form or may send the parties written notice of the Internet address of a website at which the registry is maintained and may be accessed. The parties shall attempt to select an arbitrator from the registry. If requested by the property owner in the request for binding arbitration filed under Section 41A.03, the parties shall attempt to select an arbitrator only from those arbitrators listed in the comptroller's registry who reside in the county in which the property that is the subject of the appeal is located.

(c) On receipt of notice from the appraisal district under Subsection (b), the comptroller shall:

(1) appoint:

(A) the arbitrator selected under Subsection (b)(1), if applicable; or

(B) [any arbitrator included in the comptroller's registry,] if Subsection (b)(2) applies:

(i) any arbitrator listed in the comptroller's registry; or

(ii) an arbitrator listed in the comptroller's registry who resides in the county in which the property is located if such an arbitrator was requested by the property owner in the request for binding arbitration filed under Section 41A.03 and who is available and willing to conduct the arbitration; and

(2) send notice to the arbitrator appointed, requesting that the arbitrator conduct the arbitration.

(d) If the arbitrator appointed is unable or unwilling to conduct the arbitration for any reason, the arbitrator shall promptly notify the comptroller that the arbitrator does not accept the appointment and state the reason. The comptroller shall appoint a substitute arbitrator as provided by Subsection (c)(1)(B) promptly after receipt of the notice.

SECTION 4. Section 41A.08, Tax Code, is amended by adding Subsections (c) and (d) to read as follows:

(c) A hearing on an arbitration may not be conducted at an office of an appraisal district.

(d) A hearing on an arbitration must be conducted in person if requested by the property owner in the request for binding arbitration filed under Section 41A.03.

SECTION 5. The comptroller by rule shall prescribe the form of a request for binding arbitration as required by Section 41A.04, Tax Code, as amended by this Act, as soon as practicable after the effective date of this Act, but not later than January 1, 2018.

SECTION 6. The changes in law made by this Act apply only to a request for binding arbitration under Chapter 41A, Tax Code, that is filed on or after January 1, 2018.

SECTION 7. This Act takes effect September 1, 2017.