Bill Text: TX HB3297 | 2015-2016 | 84th Legislature | Engrossed
Bill Title: Relating to pretrial settlement discussions during ad valorem tax appeals.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2015-05-18 - Referred to Finance [HB3297 Detail]
Download: Texas-2015-HB3297-Engrossed.html
| 84R19022 TJB-F | ||
| By: Parker | H.B. No. 3297 | |
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| relating to pretrial settlement discussions during ad valorem tax | ||
| appeals. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 42, Tax Code, is amended by | ||
| adding Section 42.227 to read as follows: | ||
| Sec. 42.227. PRETRIAL SETTLEMENT DISCUSSIONS. (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; or | ||
| (2) changing a deadline to designate experts | ||
| prescribed by Subsection (c). | ||
| (b) On or before the 120th day after the date the written | ||
| request is delivered under Subsection (a), each party or the | ||
| party's attorney of record shall attend the settlement discussions | ||
| and make a good faith effort to resolve the matter under appeal. | ||
| (c) If the appraisal district is unable for any reason to | ||
| attend the settlement discussions on or before the 120th day after | ||
| the date the written request is delivered under Subsection (a), the | ||
| deadline to designate experts for the appeal is, notwithstanding a | ||
| deadline prescribed by the Texas Rules of Civil Procedure: | ||
| (1) with regard to all experts testifying for a party | ||
| seeking affirmative relief, 60 days before the date of trial; and | ||
| (2) with regard to all other experts, 30 days before | ||
| the date of trial. | ||
| (d) If a property owner is unable for any reason to attend | ||
| the settlement discussions on or before the 120th day after the date | ||
| the written request is delivered under Subsection (a), Section | ||
| 42.23(d) does not apply to the parties to the appeal. | ||
| (e) An appraisal district may not request or require a | ||
| property owner to waive a right under this title as a condition of | ||
| attending a settlement discussion. | ||
| 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 September 1, 2015. | ||
