Bill Text: TX HB1802 | 2019-2020 | 86th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to a request for binding arbitration of certain appraisal review board orders.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2019-05-17 - Effective immediately [HB1802 Detail]

Download: Texas-2019-HB1802-Engrossed.html
 
 
  By: Bohac H.B. No. 1802
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a request for binding arbitration of certain appraisal
  review board orders.
         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 60th [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)  $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 $500,000 or less,
  as determined by the order;
                     (B)  $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;
                     (C)  $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;
                     (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;
                     (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; or
                     (F)  $1,550, 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 $3 million but not more than $5 million, as determined by the
  order.
         SECTION 2.  (a) Section 41A.05, Tax Code, is amended by
  amending Subsection (a) and adding Subsections (c), (d), and (e) to
  read as follows:
         (a)  Not later than the 10th day after the date an appraisal
  district receives from a property owner a completed request for
  binding arbitration under this chapter and an arbitration deposit
  as required by Section 41A.03, the appraisal district shall:
               (1)  [certify the request;
               [(2)]  submit the request and deposit to the
  comptroller; and
               (2) [(3)]  request the comptroller to appoint a
  qualified arbitrator to conduct the arbitration.
         (c)  The comptroller may not reject an application submitted
  to the comptroller under this section unless:
               (1)  the comptroller delivers written notice to the
  applicant of the defect in the application that would be the cause
  of the rejection; and
               (2)  the applicant fails to cure the defect on or before
  the 15th day after the date the comptroller delivers the notice.
         (d)  An applicant may cure a defect in accordance with
  Subsection (c) at any time before the expiration of the period
  provided by that subsection, without regard to the deadline for
  filing the request for binding arbitration under Section 41A.03(a).
         (e)  For purposes of this section, a reference to the
  applicant includes the applicant's representative if the applicant
  has retained a representative as provided by Section 41A.08 for
  purposes of representing the applicant in an arbitration proceeding
  under this chapter.
         (b)  Section 41A.05, Tax Code, as amended by this section,
  applies only to a request for binding arbitration received by the
  comptroller of public accounts from an appraisal district on or
  after the effective date of this Act.
         SECTION 3.  This Act applies only to an appeal of an
  appraisal review board order that a property owner receives notice
  of on or after the effective date of this Act. An appeal of an
  appraisal review board order that a property owner receives notice
  of before the effective date of this Act is governed by the law in
  effect immediately before the effective date of this Act, and that
  law is continued in effect for that purpose.
         SECTION 4.  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, 2019.
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