88R4347 TJB-D
 
  By: Button H.B. No. 3364
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the system for appraising property for ad valorem tax
  purposes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1.07(d), Tax Code, is amended to read as
  follows:
         (d)  A notice required by Section 11.43(q), 11.45(d),
  23.44(d), 23.46(c) or (f), 23.54(e), 23.541(c), 23.55(e),
  23.551(a), 23.57(d), 23.76(e), 23.79(d), or 23.85(d) must be sent
  by certified mail. A notice required by Section 25.19(a)(3)
  pertaining to property that was not on the appraisal roll in the
  preceding year because it was omitted from the roll must be sent by
  certified mail.
         SECTION 2.  Section 1.111(k), Tax Code, is amended to read as
  follows:
         (k)  On written request by the chief appraiser, an agent who
  electronically submits a designation of agent form shall provide
  the chief appraiser information concerning:
               (1)  the electronic signature of the person who signed
  the form; and
               (2)  the date the person signed the form[; and
               [(3)  the Internet Protocol address of the computer the
  person used to complete the form].
         SECTION 3.  Section 5.041, Tax Code, is amended by amending
  Subsections (b) and (e-1) and adding Subsection (e-4) to read as
  follows:
         (b)  A member of the appraisal review board established for
  an appraisal district must complete the course established under
  Subsection (a).  The course must provide at least 10 [eight] hours
  of classroom or distance training and education.  A member of the
  appraisal review board may not participate in a hearing conducted
  by the board unless the person has completed the course established
  under Subsection (a) and received a certificate of course
  completion.
         (e-1)  In addition to the course established under
  Subsection (a), the comptroller shall approve curricula and provide
  materials for use in a continuing education course for members of an
  appraisal review board.  The course must provide at least six
  [four] hours of classroom or distance training and education.  The
  curricula and materials must include information regarding:
               (1)  the cost, income, and market data comparison
  methods of appraising property;
               (2)  the appraisal of business personal property;
               (3)  the determination of capitalization rates for
  property appraisal purposes;
               (4)  the duties of an appraisal review board;
               (5)  the requirements regarding the independence of an
  appraisal review board from the board of directors and the chief
  appraiser and other employees of the appraisal district;
               (6)  the prohibitions against ex parte communications
  applicable to appraisal review board members;
               (7)  the Uniform Standards of Professional Appraisal
  Practice;
               (8)  the duty of the appraisal district to substantiate
  the district's determination of the value of property;
               (9)  the requirements regarding the equal and uniform
  appraisal of property;
               (10)  the right of a property owner to protest the
  appraisal of the property as provided by Chapter 41; and
               (11)  a detailed explanation of each of the actions
  described by Sections 25.25, 41.41(a), 41.411, 41.412, 41.413,
  41.42, and 41.43 so that members are fully aware of each of the
  grounds on which a property appraisal can be appealed.
         (e-4)  At least one trainer of the courses established under
  Subsections (a) and (e-1) must be a taxpayer representative.
         SECTION 4.  Section 6.035(a-1), Tax Code, is amended to read
  as follows:
         (a-1)  An individual is ineligible to serve on the board of
  directors of an appraisal district if the individual:
               (1)  has served as a member of the board of directors
  for all or part of three [five] terms, unless:
                     (A)  the individual was the county
  assessor-collector at the time the individual served as a board
  member; or
                     (B)  the appraisal district is established in a
  county with a population of less than 120,000;
               (2)  has engaged in the business of appraising property
  for compensation for use in proceedings under this title at any time
  during the preceding three years;
               (3)  has engaged in the business of representing
  property owners for compensation in proceedings under this title in
  the appraisal district at any time during the preceding three
  years; or
               (4)  has been an employee of the appraisal district at
  any time during the preceding three years.
         SECTION 5.  Subchapter A, Chapter 6, Tax Code, is amended by
  adding Section 6.17 to read as follows:
         Sec. 6.17.  INTERNET WEBSITE REQUIRED FOR POPULOUS
  DISTRICTS. An appraisal district established in a county with a
  population of 120,000 or more shall maintain an Internet website.
         SECTION 6.  Section 25.02, Tax Code, is amended by adding
  Subsection (a-1) to read as follows:
         (a-1)  This subsection applies only to an appraisal district
  established in a county with a population of 120,000 or more.  The
  chief appraiser shall post on the appraisal district's Internet
  website the district's appraisal records, other than records that
  are confidential under law, and must continuously update the posted
  records to include any change in the appraised value of property.
         SECTION 7.  Section 41.45(b-1), Tax Code, as amended by
  Chapters 965 (S.B. 1919) and 644 (H.B. 988), Acts of the 87th
  Legislature, Regular Session, 2021, is reenacted and amended to
  read as follows:
         (b-1)  An appraisal review board shall conduct a hearing on a
  protest by telephone conference call or by videoconference, as
  specified by the property owner at the owner's election, if the
  property owner notifies the board that the property owner intends
  to appear by telephone conference call or videoconference in the
  owner's notice of protest or by written notice filed with the board
  not later than the fifth [10th] day before the date of the hearing.
         SECTION 8.  Section 41.45, Tax Code, is amended by adding
  Subsection (e-3) to read as follows:
         (e-3)  This subsection applies only to a protest dismissed by
  an appraisal review board because the property owner or the owner's
  designated agent did not appear at the hearing on the protest.  The
  appraisal review board shall deliver written notice of the board's
  dismissal to the property owner or the agent who failed to appear
  not later than the 30th day after the date the hearing on the
  protest was scheduled to be held.
         SECTION 9.  Section 41.61(c), Tax Code, is amended to read as
  follows:
         (c)  An appraisal review board may not issue a subpoena under
  this section unless the board holds a hearing at which the board
  determines that good cause exists for the issuance of the subpoena.  
  The appraisal review board before which a good cause hearing is
  scheduled shall deliver written notice to the party being
  subpoenaed and parties to the protest of the date, time, and place
  of the hearing. The board shall deliver the notice not later than
  the 15th [5th] day before the date of the good cause hearing.  The
  party being subpoenaed must have an opportunity to be heard at the
  good cause hearing.
         SECTION 10.  Chapter 41A, Tax Code, is amended by adding
  Section 41A.011 to read as follows:
         Sec. 41A.011.  RIGHT TO APPEAL BY PERSON LEASING PROPERTY.
  (a) As an alternative to filing an appeal under Section 42.015, a
  person leasing property who is contractually obligated to reimburse
  the property owner for taxes imposed on the property is entitled to
  appeal through binding arbitration under this chapter an appraisal
  review board order determining a protest concerning the appraised
  or market value of property if:
               (1)  the protest was brought by:
                     (A)  the person under Section 41.413; or
                     (B)  the property owner if the property owner does
  not appeal the order; and
               (2)  the appraised or market value, as applicable, of
  the property as determined by the order is $5 million or less.
         (b)  A person appealing an order of the appraisal review
  board under this section is considered the owner of the property for
  purposes of the appeal. The chief appraiser shall deliver a copy of
  any notice relating to the appeal to the owner of the property and
  to the person bringing the appeal.
         SECTION 11.  Section 41A.015(a), Tax Code, is amended to
  read as follows:
         (a)  A property owner who has filed a notice of protest under
  Chapter 41 may file a request for limited binding arbitration under
  this section to compel the appraisal review board or chief
  appraiser, as appropriate, to:
               (1)  comply with the model hearing procedures prepared
  by the comptroller under Section 5.103, including by rescinding
  [rescind] procedural rules adopted by the appraisal review board
  that are not in compliance with the model hearing procedures
  [prepared by the comptroller under Section 5.103];
               (2)  schedule a hearing on a protest as required by
  Section 41.45;
               (3)  deliver information to the property owner in the
  manner required by Section 41.461;
               (4)  allow the property owner to offer evidence,
  examine or cross-examine witnesses or other parties, and present
  arguments as required by Section 41.66(b);
               (5)  set a hearing for a time and date certain and
  postpone a hearing that does not begin within two hours of the
  scheduled time as required by Section 41.66(i);
               (6)  schedule hearings on protests concerning multiple
  properties identified in the same notice of protest on the same day
  at the request of the property owner or the property owner's
  designated agent as required by Section 41.66(j); [or]
               (7)  refrain from using or offering as evidence
  information requested by the property owner under Section 41.461
  that was not delivered to the property owner at least 14 days before
  the hearing as required by Section 41.67(d); or
               (8)  use correct appraised values for protests on the
  ground of unequal appraisal of property.
         SECTION 12.  Section 1.111(k), Tax Code, as amended by this
  Act, applies only to a written request for information made by a
  chief appraiser on or after the effective date of this Act. A
  written request for information made under that subsection before
  the effective date of this Act is governed by the law in effect on
  the date the request was made, and the former law is continued in
  effect for that purpose.
         SECTION 13.  (a) Sections 5.041(b) and (e-1), Tax Code, as
  amended by this Act, apply only to an appraisal review board member
  appointed to serve a term of office that begins on or after the
  effective date of this Act.
         (b)  Section 5.041(e-4), Tax Code, as added by this Act,
  applies only to a course provided under Section 5.041(a) or (e-1),
  Tax Code, on or after the effective date of this Act.
         SECTION 14.  Section 6.035(a-1), Tax Code, as amended by
  this Act, applies only to the eligibility of a person to serve on
  the board of directors of an appraisal district for a term that
  begins on or after the effective date of this Act.
         SECTION 15.  Section 41.45, Tax Code, as amended by this Act,
  applies only to a protest under Chapter 41, Tax Code, for which a
  notice of protest is filed by a property owner on or after the
  effective date of this Act. A protest under Chapter 41, Tax Code,
  for which a notice of protest is filed by a property owner before
  the effective date of this Act is governed by the law in effect on
  the date the notice of protest was filed, and the former law is
  continued in effect for that purpose.
         SECTION 16.  Section 41.61(c), Tax Code, as amended by this
  Act, applies only to a subpoena issued under that section on or
  after the effective date of this Act.  A subpoena issued under that
  section before the effective date of this Act is governed by the law
  in effect on the date the subpoena was issued, and the former law is
  continued in effect for that purpose.
         SECTION 17.  This Act takes effect September 1, 2023.