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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. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 41A.04, Tax Code, is amended to read as |
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follows: |
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Sec. 41A.04. CONTENTS OF REQUEST FORM. (a) The comptroller |
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by rule shall prescribe the form of a request for binding |
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arbitration under this chapter. |
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(b) The form must require a [the] property owner to provide |
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only: |
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(1) a brief statement that explains the basis for the |
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property owner's appeal of the appraisal review board order; |
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(2) a statement of the property owner's opinion of the |
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appraised or market value, as applicable, of the property that is |
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the subject of the appeal; and |
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(3) any other information reasonably necessary for the |
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appraisal district to request appointment of an arbitrator. |
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(c) The form must allow a property owner requesting binding |
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arbitration regarding property located in a county described by |
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Section 6.41(d-1) to request that the arbitrator be selected only |
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from those arbitrators listed in the comptroller's registry who |
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reside in that county. |
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(d) The form must allow a property owner to request that the |
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hearing on the arbitration be conducted in person. |
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SECTION 2. Section 41A.06(a), Tax Code, is amended to read |
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as follows: |
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(a) The comptroller shall maintain a registry listing by |
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county of residence the qualified persons who have agreed to serve |
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as arbitrators under this chapter. |
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SECTION 3. Sections 41A.07(a), (c), and (d), Tax Code, are |
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amended to read as follows: |
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(a) On receipt of the request and deposit under Section |
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41A.05, the comptroller shall send the property owner and the |
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appraisal district a copy of the comptroller's registry of |
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qualified arbitrators and request that the parties select an |
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arbitrator from the registry. The comptroller may send a copy of |
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the registry to the parties by regular mail in paper form or may |
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send the parties written notice of the Internet address of a website |
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at which the registry is maintained and may be accessed. The |
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parties shall attempt to select an arbitrator from the registry. If |
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requested by the property owner in the request for binding |
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arbitration filed under Section 41A.03, the parties shall attempt |
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to select an arbitrator only from those arbitrators listed in the |
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comptroller's registry who reside in the county in which the |
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property that is the subject of the appeal is located. |
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(c) On receipt of notice from the appraisal district under |
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Subsection (b), the comptroller shall: |
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(1) appoint: |
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(A) the arbitrator selected under Subsection |
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(b)(1), if applicable; or |
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(B) [any arbitrator included in the
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comptroller's registry,] if Subsection (b)(2) applies: |
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(i) any arbitrator listed in the |
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comptroller's registry; or |
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(ii) an arbitrator listed in the |
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comptroller's registry who resides in the county in which the |
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property is located if such an arbitrator was requested by the |
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property owner in the request for binding arbitration filed under |
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Section 41A.03 and who is available and willing to conduct the |
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arbitration; and |
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(2) send notice to the arbitrator appointed, |
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requesting that the arbitrator conduct the arbitration. |
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(d) If the arbitrator appointed is unable or unwilling to |
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conduct the arbitration for any reason, the arbitrator shall |
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promptly notify the comptroller that the arbitrator does not accept |
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the appointment and state the reason. The comptroller shall |
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appoint a substitute arbitrator as provided by Subsection (c)(1)(B) |
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promptly after receipt of the notice. |
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SECTION 4. Section 41A.08, Tax Code, is amended by adding |
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Subsections (c) and (d) to read as follows: |
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(c) A hearing on an arbitration may not be conducted at an |
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office of an appraisal district. |
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(d) A hearing on an arbitration must be conducted in person |
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if requested by the property owner in the request for binding |
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arbitration filed under Section 41A.03. |
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SECTION 5. The comptroller by rule shall prescribe the form |
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of a request for binding arbitration as required by Section 41A.04, |
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Tax Code, as amended by this Act, as soon as practicable after the |
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effective date of this Act, but not later than January 1, 2018. |
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SECTION 6. 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 January 1, 2018. |
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SECTION 7. This Act takes effect September 1, 2017. |