Bill Text: TX HB3191 | 2017-2018 | 85th Legislature | Introduced

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

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2017-03-30 - Referred to Ways & Means [HB3191 Detail]

Download: Texas-2017-HB3191-Introduced.html

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85R5045 TJB-D
By: Uresti H.B. No. 3191

A BILL TO BE ENTITLED
AN ACT
relating to the appeal through binding arbitration of certain
appraisal review board orders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 41A.04, Tax Code, is amended to read as
follows:
Sec. 41A.04. CONTENTS OF REQUEST FORM. (a) The comptroller
by rule shall prescribe the form of a request for binding
arbitration under this chapter.
(b) The form must require a [the] property owner to provide
only:
(1) a brief statement that explains the basis for the
property owner's appeal of the appraisal review board order;
(2) a statement of the property owner's opinion of the
appraised or market value, as applicable, of the property that is
the subject of the appeal; and
(3) any other information reasonably necessary for the
appraisal district to request appointment of an arbitrator.
(c) The form must allow a property owner requesting binding
arbitration regarding property located in a county described by
Section 6.41(d-1) to request that the arbitrator be selected only
from those arbitrators listed in the comptroller's registry who
reside in that county.
(d) The form must allow a property owner to request that the
hearing on the arbitration be conducted in person.
SECTION 2. Section 41A.06(a), Tax Code, is amended to read
as follows:
(a) The comptroller shall maintain a registry listing by
county of residence the qualified persons who have agreed to serve
as arbitrators under this chapter.
SECTION 3. Sections 41A.07(a), (c), and (d), Tax Code, are
amended to read as follows:
(a) On receipt of the request and deposit under Section
41A.05, the comptroller shall send the property owner and the
appraisal district a copy of the comptroller's registry of
qualified arbitrators and request that the parties select an
arbitrator from the registry. The comptroller may send a copy of
the registry to the parties by regular mail in paper form or may
send the parties written notice of the Internet address of a website
at which the registry is maintained and may be accessed. The
parties shall attempt to select an arbitrator from the registry. If
requested by the property owner in the request for binding
arbitration filed under Section 41A.03, the parties shall attempt
to select an arbitrator only from those arbitrators listed in the
comptroller's registry who reside in the county in which the
property that is the subject of the appeal is located.
(c) On receipt of notice from the appraisal district under
Subsection (b), the comptroller shall:
(1) appoint:
(A) the arbitrator selected under Subsection
(b)(1), if applicable; or
(B) [any arbitrator included in the
comptroller's registry,] if Subsection (b)(2) applies:
(i) any arbitrator listed in the
comptroller's registry; or
(ii) an arbitrator listed in the
comptroller's registry who resides in the county in which the
property is located if such an arbitrator was requested by the
property owner in the request for binding arbitration filed under
Section 41A.03 and who is available and willing to conduct the
arbitration; and
(2) send notice to the arbitrator appointed,
requesting that the arbitrator conduct the arbitration.
(d) If the arbitrator appointed is unable or unwilling to
conduct the arbitration for any reason, the arbitrator shall
promptly notify the comptroller that the arbitrator does not accept
the appointment and state the reason. The comptroller shall
appoint a substitute arbitrator as provided by Subsection (c)(1)(B)
promptly after receipt of the notice.
SECTION 4. Section 41A.08, Tax Code, is amended by adding
Subsections (c) and (d) to read as follows:
(c) A hearing on an arbitration may not be conducted at an
office of an appraisal district.
(d) A hearing on an arbitration must be conducted in person
if requested by the property owner in the request for binding
arbitration filed under Section 41A.03.
SECTION 5. The comptroller by rule shall prescribe the form
of a request for binding arbitration as required by Section 41A.04,
Tax Code, as amended by this Act, as soon as practicable after the
effective date of this Act, but not later than January 1, 2018.
SECTION 6. 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 January 1, 2018.
SECTION 7. This Act takes effect September 1, 2017.