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A BILL TO BE ENTITLED
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AN ACT
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relating to the grounds for imposing certain sanctions on certain |
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persons for engaging in certain conduct in connection with the |
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appointment of members of or the functions of appraisal review |
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boards. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 6.41(f) and (i), Tax Code, are amended |
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to read as follows: |
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(f) A member of the board may be removed from the board by a |
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majority vote of the appraisal district board of directors, or by |
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the local administrative district judge or the judge's designee, as |
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applicable, that appointed the member. Grounds for removal are: |
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(1) a violation of Section 6.412, 6.413, 41.66(f), or |
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41.69; |
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(2) good cause relating to the attendance of members |
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at called meetings of the board as established by written policy |
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adopted by a majority of the appraisal district board of directors; |
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or |
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(3) [clear and convincing] evidence of repeated bias |
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or misconduct. |
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(i) This subsection applies only to an appraisal district |
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described by Subsection (d-1). A chief appraiser or another |
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employee or agent of the appraisal district, a member of the |
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appraisal review board for the appraisal district, a member of the |
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board of directors of the appraisal district, a property tax |
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consultant, or an agent of a property owner commits an offense if |
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the person communicates with the local administrative district |
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judge regarding the appointment of appraisal review board members. |
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This subsection does not apply to: |
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(1) a communication between a member of the appraisal |
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review board and the local administrative district judge regarding |
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the member's reappointment to the board; |
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(2) a communication between the taxpayer liaison |
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officer for the appraisal district and the local administrative |
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district judge in the course of the performance of the officer's |
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clerical duties so long as the officer does not offer an opinion or |
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comment regarding the appointment of appraisal review board |
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members; |
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(3) a communication between a chief appraiser or |
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another employee or agent of the appraisal district, a member of the |
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appraisal review board for the appraisal district, or a member of |
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the board of directors of the appraisal district and the local |
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administrative district judge regarding information relating to or |
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described by Subsection (d-1), (d-5), or (f) of this section or |
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Section 411.1296, Government Code; [or] |
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(4) a communication between a property tax consultant |
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or a property owner or an agent of the property owner and the |
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taxpayer liaison officer for the appraisal district regarding |
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information relating to or described by Subsection (f). The |
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taxpayer liaison officer for the appraisal district shall report |
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the contents of the communication relating to or described by |
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Subsection (f) to the local administrative district judge; or |
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(5) a communication between a property tax consultant |
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or a property owner or an agent of the property owner and the local |
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administrative district judge regarding information relating to or |
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described by Subsection (f). |
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SECTION 2. (a) Section 6.41(f), Tax Code, as amended by this |
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Act, applies only to a proceeding to remove an appraisal review |
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board member that begins on or after the effective date of this Act. |
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A proceeding to remove an appraisal review board member that began |
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before the effective date of this Act is governed by that subsection |
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as it existed on the date the proceeding to remove the board member |
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began, and the former law is continued in effect for that purpose. |
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(b) The change in law made by this Act to Section 6.41(i), |
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Tax Code, applies only to an offense committed under that |
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subsection before, on, or after the effective date of this Act, |
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except that a final conviction for an offense committed under that |
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subsection before the effective date of this Act is unaffected by |
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this Act. |
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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 September 1, 2019. |