Bill Text: TX HB1783 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to the appeal through binding arbitration of certain appraisal review board orders; changing the amounts of certain fees.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2017-03-14 - Referred to Ways & Means [HB1783 Detail]

Download: Texas-2017-HB1783-Introduced.html

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85R1375 LHC-F
By: Faircloth H.B. No. 1783

A BILL TO BE ENTITLED
AN ACT
relating to the appeal through binding arbitration of certain
appraisal review board orders; changing the amounts of certain
fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 41A.03(a), Tax Code, is amended to read
as follows:
(a) To appeal an appraisal review board order under this
chapter, a property owner must file with the appraisal district not
later than the 45th day after the date the property owner receives
notice of the order:
(1) a completed request for binding arbitration under
this chapter in the form prescribed by Section 41A.04; and
(2) an arbitration deposit made payable to the
comptroller in the amount of:
(A) $250 [$450], if the property qualifies as the
owner's residence homestead under Section 11.13 and the appraised
or market value, as applicable, of the property is $250,000
[$500,000] or less, as determined by the order;
(B) $350 [$500], if the property qualifies as the
owner's residence homestead under Section 11.13 and the appraised
or market value, as applicable, of the property is more than
$250,000 but not more than $500,000, as determined by the order;
(C) $500, if the property qualifies as the
owner's residence homestead under Section 11.13 and the appraised
or market value, as applicable, of the property is more than
$500,000, as determined by the order;
(D) $500, if the property does not qualify as the
owner's residence homestead under Section 11.13 and the appraised
or market value, as applicable, of the property is $1 million or
less, as determined by the order;
(E) [(D)] $800, if the property does not qualify
as the owner's residence homestead under Section 11.13 and the
appraised or market value, as applicable, of the property is more
than $1 million but not more than $2 million, as determined by the
order; or
(F) [(E)] $1,050, if the property does not
qualify as the owner's residence homestead under Section 11.13 and
the appraised or market value, as applicable, of the property is
more than $2 million but not more than $3 million, as determined by
the order.
SECTION 2. Section 41A.06(b), Tax Code, is amended to read
as follows:
(b) To initially qualify to serve as an arbitrator under
this chapter, a person must:
(1) meet the following requirements, as applicable:
(A) be licensed as an attorney in this state; or
(B) have:
(i) completed at least 30 hours of training
in arbitration and alternative dispute resolution procedures from a
university, college, or legal or real estate trade association; and
(ii) been licensed or certified
continuously during the five years preceding the date the person
agrees to serve as an arbitrator as:
(a) a real estate broker or sales
agent [salesperson] under Chapter 1101, Occupations Code;
(b) a real estate appraiser under
Chapter 1103, Occupations Code; or
(c) a certified public accountant
under Chapter 901, Occupations Code; and
(2) agree to conduct an arbitration for a fee that is
not more than:
(A) $200 [$400], if the property qualifies as the
owner's residence homestead under Section 11.13 and the appraised
or market value, as applicable, of the property is $250,000
[$500,000] or less, as determined by the order;
(B) $300 [$450], if the property qualifies as the
owner's residence homestead under Section 11.13 and the appraised
or market value, as applicable, of the property is more than
$250,000 but not more than $500,000, as determined by the order;
(C) $450, if the property qualifies as the
owner's residence homestead under Section 11.13 and the appraised
or market value, as applicable, of the property is more than
$500,000, as determined by the order;
(D) $450, if the property does not qualify as the
owner's residence homestead under Section 11.13 and the appraised
or market value, as applicable, of the property is $1 million or
less, as determined by the order;
(E) [(D)] $750, if the property does not qualify
as the owner's residence homestead under Section 11.13 and the
appraised or market value, as applicable, of the property is more
than $1 million but not more than $2 million, as determined by the
order; or
(F) [(E)] $1,000, if the property does not
qualify as the owner's residence homestead under Section 11.13 and
the appraised or market value, as applicable, of the property is
more than $2 million but not more than $3 million, as determined by
the order.
SECTION 3. The changes in law made by this Act apply only to
a request for binding arbitration under Chapter 41A, Tax Code, that
is filed on or after the effective date of this Act. A request for
binding arbitration under Chapter 41A, Tax Code, that is filed
before the effective date of this Act is governed by the law in
effect on the date the request is filed, and the former law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2017.