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A BILL TO BE ENTITLED
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AN ACT
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relating to the appeal of certain ad valorem tax determinations |
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through binding arbitration. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 41A.03, Tax Code, is amended by amending |
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Subsection (a) and adding Subsections (c) and (d) to read as |
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follows: |
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(a) To appeal an appraisal review board order under this |
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chapter, a property owner must file with the comptroller [appraisal |
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district] not later than the 60th day after the date the property |
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owner receives notice of the order: |
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(1) a completed request for binding arbitration under |
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this chapter in the form prescribed by Section 41A.04; and |
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(2) an arbitration deposit [made payable to the |
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comptroller] in the amount of: |
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(A) $450, if the property qualifies as the |
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owner's residence homestead under Section 11.13 and the appraised |
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or market value, as applicable, of the property is $500,000 or less, |
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as determined by the order; |
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(B) $500, if the property qualifies as the |
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owner's residence homestead under Section 11.13 and the appraised |
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or market value, as applicable, of the property is more than |
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$500,000, as determined by the order; |
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(C) $500, if the property does not qualify as the |
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owner's residence homestead under Section 11.13 and the appraised |
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or market value, as applicable, of the property is $1 million or |
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less, as determined by the order; |
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(D) $800, if the property does not qualify as the |
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owner's residence homestead under Section 11.13 and the appraised |
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or market value, as applicable, of the property is more than $1 |
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million but not more than $2 million, as determined by the order; |
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(E) $1,050, if the property does not qualify as |
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the owner's residence homestead under Section 11.13 and the |
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appraised or market value, as applicable, of the property is more |
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than $2 million but not more than $3 million, as determined by the |
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order; or |
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(F) $1,550, if the property does not qualify as |
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the owner's residence homestead under Section 11.13 and the |
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appraised or market value, as applicable, of the property is more |
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than $3 million but not more than $5 million, as determined by the |
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order. |
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(c) If a property owner files a request for binding |
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arbitration through an electronic system, the property owner must |
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pay the arbitration deposit required by Subsection (a) through the |
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electronic system. |
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(d) If a property owner does not file a request for binding |
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arbitration through an electronic system, the property owner must |
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pay the arbitration deposit required by Subsection (a) by check or |
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money order made payable to the comptroller or by another form of |
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payment acceptable to the comptroller. |
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SECTION 2. Section 41A.04, Tax Code, is amended to read as |
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follows: |
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Sec. 41A.04. CONTENTS OF REQUEST FORM. The comptroller by |
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rule shall prescribe the form of a request for binding arbitration |
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under this chapter. The form must require the property owner to |
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provide only: |
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(1) a brief statement that explains the basis for the |
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property owner's appeal of the appraisal review board order; |
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(2) a statement of the property owner's opinion of the |
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appraised or market value, as applicable, of the property that is |
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the subject of the appeal; and |
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(3) any other information reasonably necessary for the |
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comptroller to process the request and appoint [appraisal district |
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to request appointment of] an arbitrator. |
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SECTION 3. Section 41A.05(a), Tax Code, is amended to read |
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as follows: |
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(a) Not later than the 10th day after the date an appraisal |
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district receives notification that a [from a property owner a |
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completed] request for binding arbitration has been filed [under |
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this chapter and an arbitration deposit as required by Section |
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41A.03], the appraisal district shall, in the manner prescribed by |
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the comptroller, provide to the comptroller any information |
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reasonably necessary for the comptroller to process the request and |
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appoint an arbitrator[: |
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[(1) submit the request and deposit to the |
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comptroller; and |
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[(2) request the comptroller to appoint a qualified |
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arbitrator to conduct the arbitration]. |
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SECTION 4. Section 41A.08, Tax Code, is amended by adding |
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Subsections (c), (d), and (e) to read as follows: |
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(c) The designation of an agent by a property owner under |
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this section must be made by written authorization on a form |
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prescribed by the comptroller and signed by the property owner or an |
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authorized individual other than an agent designated under Section |
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1.111. The designation must authorize the agent to represent the |
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owner in an arbitration proceeding under this chapter. The |
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designation takes effect when the property owner or authorized |
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individual signs the form. |
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(d) A property owner's agent shall retain the form described |
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by Subsection (c) and shall produce the form immediately upon |
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request from: |
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(1) the property owner or authorized individual |
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described by Subsection (c); |
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(2) the appraisal district that is party to the |
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arbitration under this chapter; |
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(3) the appraisal review board that is party to the |
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arbitration under this chapter; |
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(4) the arbitrator assigned to the arbitration under |
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this chapter; or |
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(5) the comptroller. |
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(e) Notwithstanding any other law, a property owner may |
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assign to an agent or entity the property owner's right to receive a |
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refund of an arbitration deposit. An assignment under this |
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subsection must be made in writing on a form prescribed by the |
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comptroller. |
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SECTION 5. Section 41A.11, Tax Code, is amended to read as |
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follows: |
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Sec. 41A.11. POSTAPPEAL ADMINISTRATIVE PROCEDURES. An |
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arbitration award or settlement reached between the parties to an |
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arbitration under this chapter is considered to be a final |
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determination of an appeal for purposes of Subchapter C, Chapter |
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42. |
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SECTION 6. The change in law made by this Act applies only |
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to a request for arbitration made on or after the effective date of |
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this Act. |
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SECTION 7. This Act takes effect January 1, 2024. |