Bill Text: TX SB1341 | 2011-2012 | 82nd Legislature | Enrolled


Bill Title: Relating to the participation by a taxing unit in a suit to compel an appraisal review board to order a change in an appraisal roll.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2011-05-20 - Effective immediately [SB1341 Detail]

Download: Texas-2011-SB1341-Enrolled.html
 
 
  S.B. No. 1341
 
 
 
 
AN ACT
  relating to the participation by a taxing unit in a suit to compel
  an appraisal review board to order a change in an appraisal roll.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 25.25, Tax Code, is amended by amending
  Subsection (g) and adding Subsections (g-1) and (g-2) to read as
  follows:
         (g)  Within 45 days after receiving notice of the appraisal
  review board's determination of a motion under this section, the
  property owner or the chief appraiser may file suit to compel the
  board to order a change in the appraisal roll as required by this
  section. A taxing unit may not be made a party to a suit filed by a
  property owner or chief appraiser under this subsection.
         (g-1)  In a suit filed under Subsection (g), if a hearing to
  review and determine compliance with Section 42.08 is requested,
  the movant must mail notice of the hearing by certified mail, return
  receipt requested, to the collector for each taxing unit that
  imposes taxes on the property not later than the 45th day before the
  date of the hearing.
         (g-2)  Regardless of whether the collector for the taxing
  unit receives a notice under Subsection (g-1), a taxing unit that
  imposes taxes on the property may intervene in a suit filed under
  Subsection (g) and participate in the proceedings for the limited
  purpose of determining whether the property owner has complied with
  Section 42.08. The taxing unit is entitled to process for witnesses
  and evidence and to be heard by the court.
         SECTION 2.  (a)  Except as provided by Subsection (b) of
  this section:
               (1)  the change in law made by this Act applies only to
  a suit under Subsection (g), Section 25.25, Tax Code, that is filed
  on or after the effective date of this Act; and
               (2)  a suit under Subsection (g), Section 25.25, Tax
  Code, that was filed before the effective date of this Act is
  governed by the law in effect on the date the suit was filed, and the
  former law is continued in effect for that purpose.
         (b)  Subsection (g-2), Section 25.25, Tax Code, as added by
  this Act, applies to a suit under Subsection (g), Section 25.25, Tax
  Code, that is:
               (1)  filed on or after the effective date of this Act;
  or
               (2)  pending on the effective date of this Act.
         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.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1341 passed the Senate on
  April 13, 2011, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1341 passed the House on
  May 7, 2011, by the following vote:  Yeas 118, Nays 0, one present
  not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
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