Bill Text: TX HB1282 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the selection of the chief appraiser of an appraisal district.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-05-02 - Left pending in committee [HB1282 Detail]
Download: Texas-2011-HB1282-Introduced.html
82R6532 CJC-D | ||
By: Kleinschmidt | H.B. No. 1282 |
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relating to the selection of the chief appraiser of an appraisal | ||
district. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1.15, Tax Code, is amended to read as | ||
follows: | ||
Sec. 1.15. APPRAISERS FOR TAXING UNITS PROHIBITED. A | ||
taxing unit may not employ any person for the purpose of appraising | ||
property for taxation purposes [ |
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SECTION 2. Section 5.041(e-1), Tax Code, is amended to read | ||
as follows: | ||
(e-1) In addition to the course established under | ||
Subsection (a), the comptroller shall approve curricula and provide | ||
materials for use in a continuing education course for members of an | ||
appraisal review board. The curricula and materials must include | ||
information regarding: | ||
(1) the cost, income, and market data comparison | ||
methods of appraising property; | ||
(2) the appraisal of business personal property; | ||
(3) the determination of capitalization rates for | ||
property appraisal purposes; | ||
(4) the duties of an appraisal review board; | ||
(5) the requirements regarding the independence of an | ||
appraisal review board from the board of directors, [ |
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appraiser, and [ |
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(6) the prohibitions against ex parte communications | ||
applicable to appraisal review board members; | ||
(7) the Uniform Standards of Professional Appraisal | ||
Practice; | ||
(8) the duty of the appraisal district to substantiate | ||
the district's determination of the value of property; | ||
(9) the requirements regarding the equal and uniform | ||
appraisal of property; | ||
(10) the right of a property owner to protest the | ||
appraisal of the property as provided by Chapter 41; and | ||
(11) a detailed explanation of each of the actions | ||
described by Sections 41.41(a), 41.411, 41.412, 41.413, 41.42, and | ||
41.43 so that members are fully aware of each of the grounds on | ||
which a property appraisal can be appealed. | ||
SECTION 3. Section 5.042, Tax Code, is amended by amending | ||
Subsections (a) and (b) and adding Subsection (b-1) to read as | ||
follows: | ||
(a) Except as otherwise provided by this section, a person | ||
may not serve as [ |
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a candidate for election to that office unless the person has | ||
completed the course of training prescribed by Section 1151.164, | ||
Occupations Code. | ||
(b) A person appointed to fill a vacancy in the office of | ||
chief appraiser may serve [ |
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(b-1) For the purposes of removal under Chapter 87, Local | ||
Government Code, "incompetency" in the case of a chief appraiser | ||
includes the failure of the chief appraiser to complete the course | ||
of training required by this section. | ||
SECTION 4. Sections 6.035(a), (b), and (d), Tax Code, are | ||
amended to read as follows: | ||
(a) An individual is ineligible to serve on an appraisal | ||
district board of directors or [ |
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(1) is related within the second degree by | ||
consanguinity or affinity, as determined under Chapter 573, | ||
Government Code, to an individual who is engaged in the business of | ||
appraising property for compensation for use in proceedings under | ||
this title or of representing property owners for compensation in | ||
proceedings under this title in the appraisal district; or | ||
(2) owns property on which delinquent taxes have been | ||
owed to a taxing unit for more than 60 days after the date the | ||
individual knew or should have known of the delinquency unless: | ||
(A) the delinquent taxes and any penalties and | ||
interest are being paid under an installment payment agreement | ||
under Section 33.02; or | ||
(B) a suit to collect the delinquent taxes is | ||
deferred or abated under Section 33.06 or 33.065. | ||
(b) A member of an appraisal district board of directors or | ||
a chief appraiser commits an offense if the board member or chief | ||
appraiser continues to hold office [ |
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degree by consanguinity or affinity, as determined under Chapter | ||
573, Government Code, to the board member or chief appraiser is | ||
engaged in the business of appraising property for compensation for | ||
use in proceedings under this title or of representing property | ||
owners for compensation in proceedings under this title in the | ||
appraisal district in which the member or chief appraiser serves | ||
[ |
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subsection is a Class B misdemeanor. | ||
(d) An appraisal performed by a chief appraiser in a private | ||
capacity or by an individual related within the second degree by | ||
consanguinity or affinity, as determined under Chapter 573, | ||
Government Code, to the chief appraiser may not be used as evidence | ||
in a protest or challenge under Chapter 41 or an appeal under | ||
Chapter 42 concerning property that is taxable in the appraisal | ||
district in which the chief appraiser serves [ |
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SECTION 5. Sections 6.05(b) and (c), Tax Code, are amended | ||
to read as follows: | ||
(b) The board of directors of an appraisal district may | ||
contract with an appraisal office in another district [ |
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office for the district. | ||
(c) The chief appraiser is the chief administrator of the | ||
appraisal office. The chief appraiser is elected at the general | ||
election for state and county officers by the voters of the county | ||
in which the appraisal district is established. The chief | ||
appraiser serves a two-year term beginning on January 1 of each | ||
odd-numbered year. To be eligible to serve as chief appraiser, an | ||
individual must be a resident of the county and must have resided in | ||
the county for at least one year preceding the date the individual | ||
takes office [ |
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SECTION 6. Sections 6.411(a), (b), and (c-1), Tax Code, are | ||
amended to read as follows: | ||
(a) A member of an appraisal review board commits an offense | ||
if the member communicates with the chief appraiser or an [ |
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employee of the appraisal district for which the appraisal review | ||
board is established in violation of Section 41.66(f). | ||
(b) A chief appraiser or an [ |
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appraisal district commits an offense if the chief appraiser or | ||
[ |
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board established for the appraisal district in a circumstance in | ||
which the appraisal review board member is prohibited by Section | ||
41.66(f) from communicating with the chief appraiser or [ |
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employee. | ||
(c-1) This section does not apply to communications | ||
involving the chief appraiser or an [ |
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appraisal district and a member of the appraisal review board that | ||
are specifically limited to and involve administrative, clerical, | ||
or logistical matters related to the scheduling and operation of | ||
hearings, the processing of documents, the issuance of orders, | ||
notices, and subpoenas, and the operation of the appraisal review | ||
board. | ||
SECTION 7. Section 22.28(c), Tax Code, is amended to read as | ||
follows: | ||
(c) To help defray the costs of administering this chapter, | ||
a collector who collects a penalty imposed under Subsection (a) | ||
shall remit to the appraisal district of [ |
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appraiser who imposed the penalty an amount equal to five percent of | ||
the penalty amount collected. | ||
SECTION 8. Section 42.21(d), Tax Code, is amended to read as | ||
follows: | ||
(d) An appraisal district is served by service on the chief | ||
appraiser at any time or by service on any other officer or an | ||
employee of the appraisal district present at the appraisal office | ||
at a time when the appraisal office is open for business with the | ||
public. An appraisal review board is served by service on the | ||
chairman of the appraisal review board. Citation of a party is | ||
issued and served in the manner provided by law for civil suits | ||
generally. | ||
SECTION 9. Section 52.092(e), Election Code, is amended to | ||
read as follows: | ||
(e) County offices shall be listed in the following order: | ||
(1) county judge; | ||
(2) judge, county court at law; | ||
(3) judge, county criminal court; | ||
(4) judge, county probate court; | ||
(5) county attorney; | ||
(6) district clerk; | ||
(7) district and county clerk; | ||
(8) county clerk; | ||
(9) sheriff; | ||
(10) sheriff and tax assessor-collector; | ||
(11) county tax assessor-collector; | ||
(12) county treasurer; | ||
(13) county school trustee (county with population of | ||
3.3 million or more); | ||
(14) county surveyor; | ||
(15) chief appraiser. | ||
SECTION 10. Section 87.041(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) The commissioners court of a county may fill a vacancy | ||
in the office of: | ||
(1) county judge; | ||
(2) county clerk; | ||
(3) district and county clerk; | ||
(4) sheriff; | ||
(5) county attorney; | ||
(6) county treasurer; | ||
(7) county surveyor; | ||
(8) county tax assessor-collector; | ||
(9) justice of the peace; [ |
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(10) constable; or | ||
(11) chief appraiser. | ||
SECTION 11. Section 1151.164, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1151.164. CHIEF APPRAISER TRAINING PROGRAM. (a) The | ||
department shall implement a training program for [ |
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chief appraisers and shall prescribe the curriculum for the | ||
training program as provided by this section. | ||
(b) The training program must provide [ |
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information regarding: | ||
(1) this chapter; | ||
(2) the programs operated by the department; | ||
(3) the role and functions of the department; | ||
(4) the rules of the commission, with an emphasis on | ||
the rules that relate to ethical behavior; | ||
(5) the role and functions of the chief appraiser, the | ||
appraisal district board of directors, and the appraisal review | ||
board; | ||
(6) the importance of maintaining the independence of | ||
an appraisal office from political pressure; | ||
(7) the importance of prompt and courteous treatment | ||
of the public; | ||
(8) the finance and budgeting requirements for an | ||
appraisal district, including appropriate controls to ensure that | ||
expenditures are proper; and | ||
(9) the requirements of: | ||
(A) the open meetings law, Chapter 551, | ||
Government Code; | ||
(B) the public information law, Chapter 552, | ||
Government Code; | ||
(C) the administrative procedure law, Chapter | ||
2001, Government Code; | ||
(D) other laws relating to public officials, | ||
including conflict-of-interest laws; and | ||
(E) the standards of ethics imposed by the | ||
Uniform Standards of Professional Appraisal Practice. | ||
(c) The department shall offer the training program at least | ||
quarterly. | ||
SECTION 12. Section 5.042(c), Tax Code, is repealed. | ||
SECTION 13. (a) The first election required by Section | ||
6.05(c), Tax Code, as amended by this Act, shall be held to fill the | ||
term of office of the chief appraiser that begins January 1, 2013. | ||
The change in law made by Sections 6.05(b) and (c), Tax Code, as | ||
amended by this Act, does not affect the appointment by an appraisal | ||
district board of directors of a person to serve as chief appraiser | ||
before the effective date of this Act, and that person continues to | ||
serve at the pleasure of the appraisal district board of directors | ||
until the person elected to that position for the term that begins | ||
January 1, 2013, has qualified for office. A vacancy in the office | ||
of chief appraiser that occurs on or after September 1, 2011, is | ||
filled by appointment by the commissioners court, as provided by | ||
Section 87.041(a), Local Government Code, as amended by this Act. | ||
(b) Section 5.042(b), Tax Code, as amended by this Act, | ||
applies only to a person appointed to fill a vacancy in the office | ||
of chief appraiser that occurs on or after September 1, 2011. A | ||
person appointed to fill a vacancy in the office of chief appraiser | ||
before September 1, 2011, must complete the training required under | ||
Section 5.042, Tax Code, within the time prescribed by Section | ||
5.042(b), Tax Code, as that section existed January 1, 2011. | ||
SECTION 14. This Act takes effect September 1, 2011. |