Bill Text: TX SB1428 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the authority of a property owner to bring suit to compel an appraisal district, chief appraiser, or appraisal review board to comply with a procedural requirement applicable to an ad valorem tax protest.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2019-05-17 - Committee report sent to Calendars [SB1428 Detail]
Download: Texas-2019-SB1428-Introduced.html
Bill Title: Relating to the authority of a property owner to bring suit to compel an appraisal district, chief appraiser, or appraisal review board to comply with a procedural requirement applicable to an ad valorem tax protest.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2019-05-17 - Committee report sent to Calendars [SB1428 Detail]
Download: Texas-2019-SB1428-Introduced.html
86R11116 TJB-F | ||
By: Hancock | S.B. No. 1428 |
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relating to the authority of a property owner or owner's agent to | ||
bring suit to compel an appraisal district, chief appraiser, or | ||
appraisal review board to comply with a procedural requirement | ||
applicable to an ad valorem tax protest. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 41, Tax Code, is amended by adding | ||
Subchapter E to read as follows: | ||
SUBCHAPTER E. LIMITED SUIT TO COMPEL COMPLIANCE WITH PROCEDURAL | ||
REQUIREMENT | ||
Sec. 41.81. LIMITED SUIT. (a) A property owner or the | ||
designated agent of the owner who has filed a notice of protest | ||
under this chapter may bring suit against an appraisal district, | ||
chief appraiser, or appraisal review board to compel the district, | ||
chief appraiser, or board to comply with a procedural requirement | ||
imposed under this chapter or under a rule established by the board | ||
under this chapter that is applicable to the protest. | ||
(b) A property owner or agent may bring suit under this | ||
section by filing a petition or application in district court. | ||
(c) A suit brought under this section is for the limited | ||
purpose of determining whether the defendant failed to comply with | ||
the procedural requirement that is the subject of the suit. | ||
(d) A suit brought under this section may not address the | ||
merits of a motion filed under Section 25.25 or a protest filed | ||
under this chapter. | ||
Sec. 41.82. NO DISCOVERY. Neither party may conduct | ||
discovery in a suit brought under this subchapter. | ||
Sec. 41.83. HEARING. (a) The court in which a suit under | ||
this subchapter is filed shall set down the matter described in the | ||
petition or application for hearing at the earliest possible date. | ||
(b) At the end of the hearing, the court must determine the | ||
merits of the suit. | ||
(c) If the court determines that the defendant failed to | ||
comply with a procedural requirement imposed on the defendant under | ||
this chapter or under a rule established by the board under this | ||
chapter, the court shall: | ||
(1) order the defendant to comply with the procedural | ||
requirement; | ||
(2) enter any order necessary to preserve rights | ||
protected by, and impose duties required by, the law; and | ||
(3) award court costs and reasonable attorney's fees | ||
to the property owner or designated agent of the owner. | ||
(d) An order entered under this section is final and may not | ||
be appealed. | ||
SECTION 2. Subchapter E, Chapter 41, Tax Code, as added by | ||
this Act, applies only to a procedural requirement as described by | ||
Section 41.81 of that subchapter that a property owner or the | ||
designated agent of the owner alleges was required to have been | ||
complied with on or after the effective date of this Act. | ||
SECTION 3. This Act takes effect January 1, 2020. |