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A BILL TO BE ENTITLED
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AN ACT
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relating to the selection of an arbitrator for purposes of an appeal |
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through binding arbitration of certain appraisal review board |
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orders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 41A.07, Tax Code, is amended by adding |
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Subsection (a-1) to read as follows: |
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(a-1) If the property owner proposes an arbitrator, the |
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appraisal district may not reject the arbitrator unless the |
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appraisal district files a complaint with the comptroller objecting |
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to the appointment of the arbitrator on the ground that the |
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arbitrator is not qualified to serve as an arbitrator under this |
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chapter. The comptroller shall investigate the complaint. Not |
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later than the seventh day after the date the appraisal district |
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files the complaint, the comptroller shall determine whether the |
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arbitrator is qualified to serve as an arbitrator under this |
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chapter. If the comptroller determines that the arbitrator is |
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qualified to serve as an arbitrator under this chapter, the |
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comptroller shall dismiss the complaint and the appraisal district |
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shall agree to the selection of the arbitrator proposed by the |
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property owner. If the comptroller determines that the arbitrator |
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is not qualified to serve as an arbitrator under this chapter, the |
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comptroller shall remove the arbitrator from the registry and the |
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parties shall attempt to select a different arbitrator from the |
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registry. The deadline for providing the notice described by |
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Subsection (b) is extended by the number of days required for the |
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comptroller to investigate and take action on a complaint filed |
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under this subsection. This subsection applies to a second |
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arbitrator proposed by the property owner in the same manner in |
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which it applies to the arbitrator initially proposed by the |
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property owner. The appraisal district may reject any subsequent |
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arbitrator proposed by the property owner without filing a |
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complaint with the comptroller. |
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SECTION 2. This Act applies only to an appeal through |
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binding arbitration under Chapter 41A, Tax Code, that is requested |
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on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2017. |