Bill Text: TX HB1435 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to the participation by a taxing unit in a suit to compel an appraisal review board to order a change in an appraisal roll.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2011-05-06 - Laid on the table subject to call [HB1435 Detail]

Download: Texas-2011-HB1435-Introduced.html

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82R1603 ALL-F
By: Elkins H.B. No. 1435

A BILL TO BE ENTITLED
AN ACT
relating to the participation by a taxing unit in a suit to compel
an appraisal review board to order a change in an appraisal roll.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.25, Tax Code, is amended by amending
Subsection (g) and adding Subsections (g-1) and (g-2) to read as
follows:
(g) Within 45 days after receiving notice of the appraisal
review board's determination of a motion under this section, the
property owner or the chief appraiser may file suit to compel the
board to order a change in the appraisal roll as required by this
section. A taxing unit may not be made a party to a suit filed by a
property owner or chief appraiser under this subsection.
(g-1) In a suit filed under Subsection (g), if a hearing to
review and determine compliance with Section 42.08 is requested,
the movant must mail notice of the hearing by certified mail, return
receipt requested, to the collector for each taxing unit that
imposes taxes on the property not later than the 45th day before the
date of the hearing.
(g-2) Regardless of whether the collector for the taxing
unit receives a notice under Subsection (g-1), a taxing unit that
imposes taxes on the property may intervene in a suit filed under
Subsection (g) and participate in the proceedings for the limited
purpose of determining whether the property owner has complied with
Section 42.08. The taxing unit is entitled to process for witnesses
and evidence and to be heard by the court.
SECTION 2. (a) Except as provided by Subsection (b) of this
section:
(1) the change in law made by this Act applies only to
a suit under Section 25.25(g), Tax Code, that is filed on or after
the effective date of this Act; and
(2) a suit under Section 25.25(g), Tax Code, that was
filed before the effective date of this Act is governed by the law
in effect on the date the suit was filed, and the former law is
continued in effect for that purpose.
(b) Section 25.25(g-2), Tax Code, as added by this Act,
applies to a suit under Section 25.25(g), Tax Code, that is:
(1) filed on or after the effective date of this Act;
or
(2) pending on the effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.