Bill Text: TX HB364 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to the abatement of discovery during pretrial settlement discussions in certain ad valorem tax appeals.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-08-02 - Referred to Ways & Means [HB364 Detail]
Download: Texas-2017-HB364-Introduced.html
85S11232 CJC-F | ||
By: Lucio III | H.B. No. 364 |
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relating to the abatement of discovery during pretrial settlement | ||
discussions in certain ad valorem tax appeals. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 42.227, Tax Code, is amended by amending | ||
Subsection (a) and adding Subsections (f) and (g) to read as | ||
follows: | ||
(a) A property owner or appraisal district that is a party | ||
to an appeal under this chapter may request that the parties engage | ||
in settlement discussions, including through an informal | ||
settlement conference or a form of alternative dispute resolution. | ||
The request must be in writing and delivered to the other party | ||
before the date of trial. The court on motion of either party shall | ||
enter orders necessary to implement this section, including an | ||
order: | ||
(1) specifying the form that the settlement | ||
discussions must take; [ |
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(2) changing a deadline to designate experts | ||
prescribed by Subsection (c); or | ||
(3) abating discovery during the period prescribed by | ||
this section for conducting settlement discussions as provided by | ||
Subsection (f). | ||
(f) Either party to an appeal under this chapter may file a | ||
motion with the court requesting that the court abate discovery | ||
during the period prescribed by this section for conducting | ||
settlement discussions. The court shall grant the motion unless | ||
the nonmoving party shows good cause to deny the motion. | ||
(g) The procedures provided by this section are necessary | ||
for a fair adjudication of an appeal under this chapter. The court | ||
shall grant a continuance to provide a party to the appeal the | ||
opportunity to comply with the procedures of this section. | ||
SECTION 2. The changes in law made by this Act apply only to | ||
an appeal filed under Chapter 42, Tax Code, on or after the | ||
effective date of this Act. An appeal filed under Chapter 42, Tax | ||
Code, before the effective date of this Act is governed by the law | ||
applicable to the appeal immediately before the effective date of | ||
this Act, 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 December 1, 2017. |