Bill Text: TX HB1692 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to the dismissal of complaints against property tax professionals.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-07 - Committee report sent to Calendars [HB1692 Detail]
Download: Texas-2011-HB1692-Comm_Sub.html
82R24928 EES-F | |||
By: Flynn | H.B. No. 1692 | ||
Substitute the following for H.B. No. 1692: | |||
By: Kuempel | C.S.H.B. No. 1692 |
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relating to the dismissal of complaints against property tax | ||
professionals. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1151.204, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1151.204. DISMISSAL OF COMPLAINTS [ |
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dismiss a complaint, in part or entirely, without conducting a | ||
hearing if[ |
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chapter or the standards established by the commission for | ||
registrants under this chapter[ |
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(b) After investigation, the department shall dismiss a | ||
complaint, in part or entirely, without conducting a hearing if: | ||
(1) the complaint challenges: | ||
(A) the imposition of or failure to waive | ||
penalties or interest under Sections 33.01 and 33.011, Tax Code; | ||
(B) the appraised value of a property; | ||
(C) the appraisal methodology; | ||
(D) the grant or denial of an exemption from | ||
taxation; or | ||
(E) any matter for which Title 1, Tax Code, | ||
specifies a remedy, including an action that a property owner is | ||
entitled to protest before an appraisal review board under Section | ||
41.41(a), Tax Code; and | ||
(2) the subject matter of the complaint has not been | ||
finally resolved in the complainant's favor by an appraisal review | ||
board, a governing body, an arbitrator, a court, or the State Office | ||
of Administrative Hearings under Section 2003.901, Government | ||
Code. | ||
(c) This section does not apply to: | ||
(1) a matter referred to the department by the | ||
comptroller under Section 5.102, Tax Code, or a successor statute; | ||
(2) a complaint concerning a registrant's failure to | ||
comply with the registration and certification requirements of this | ||
chapter; or | ||
(3) a complaint concerning a newly appointed chief | ||
appraiser's failure to complete the training program described by | ||
Section 1151.164. | ||
SECTION 2. The change in law made by this Act to Section | ||
1151.204, Occupations Code, applies only to a complaint filed on or | ||
after the effective date of this Act. A complaint filed before that | ||
date is governed by the law in effect on the date the complaint was | ||
filed, and the former law is continued in effect for that purpose. | ||
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. |