|
|
|
|
AN ACT
|
|
relating to the appeal of certain ad valorem tax determinations |
|
through binding arbitration. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 41A.03, Tax Code, is amended by amending |
|
Subsection (a) and adding Subsections (c) and (d) to read as |
|
follows: |
|
(a) To appeal an appraisal review board order under this |
|
chapter, a property owner must file with the comptroller [appraisal |
|
district] not later than the 60th day after the date the property |
|
owner receives notice of the order: |
|
(1) a completed request for binding arbitration under |
|
this chapter in the form prescribed by Section 41A.04; and |
|
(2) an arbitration deposit [made payable to the |
|
comptroller] in the amount of: |
|
(A) $450, if the property qualifies as the |
|
owner's residence homestead under Section 11.13 and the appraised |
|
or market value, as applicable, of the property is $500,000 or less, |
|
as determined by the order; |
|
(B) $500, if the property qualifies as the |
|
owner's residence homestead under Section 11.13 and the appraised |
|
or market value, as applicable, of the property is more than |
|
$500,000, as determined by the order; |
|
(C) $500, if the property does not qualify as the |
|
owner's residence homestead under Section 11.13 and the appraised |
|
or market value, as applicable, of the property is $1 million or |
|
less, as determined by the order; |
|
(D) $800, if the property does not qualify as the |
|
owner's residence homestead under Section 11.13 and the appraised |
|
or market value, as applicable, of the property is more than $1 |
|
million but not more than $2 million, as determined by the order; |
|
(E) $1,050, if the property does not qualify as |
|
the owner's residence homestead under Section 11.13 and the |
|
appraised or market value, as applicable, of the property is more |
|
than $2 million but not more than $3 million, as determined by the |
|
order; or |
|
(F) $1,550, if the property does not qualify as |
|
the owner's residence homestead under Section 11.13 and the |
|
appraised or market value, as applicable, of the property is more |
|
than $3 million but not more than $5 million, as determined by the |
|
order. |
|
(c) If a property owner files a request for binding |
|
arbitration through an electronic system, the property owner must |
|
pay the arbitration deposit required by Subsection (a) through the |
|
electronic system. |
|
(d) If a property owner does not file a request for binding |
|
arbitration through an electronic system, the property owner must |
|
pay the arbitration deposit required by Subsection (a) by check or |
|
money order made payable to the comptroller or by another form of |
|
payment acceptable to the comptroller. |
|
SECTION 2. Section 41A.04, Tax Code, is amended to read as |
|
follows: |
|
Sec. 41A.04. CONTENTS OF REQUEST FORM. The comptroller by |
|
rule shall prescribe the form of a request for binding arbitration |
|
under this chapter. The form must require the property owner to |
|
provide only: |
|
(1) a brief statement that explains the basis for the |
|
property owner's appeal of the appraisal review board order; |
|
(2) a statement of the property owner's opinion of the |
|
appraised or market value, as applicable, of the property that is |
|
the subject of the appeal; and |
|
(3) any other information reasonably necessary for the |
|
comptroller to process the request and appoint [appraisal district |
|
to request appointment of] an arbitrator. |
|
SECTION 3. Section 41A.05(a), Tax Code, is amended to read |
|
as follows: |
|
(a) Not later than the 10th day after the date an appraisal |
|
district receives notification that a [from a property owner a |
|
completed] request for binding arbitration has been filed [under |
|
this chapter and an arbitration deposit as required by Section |
|
41A.03], the appraisal district shall, in the manner prescribed by |
|
the comptroller, provide to the comptroller any information |
|
reasonably necessary for the comptroller to process the request and |
|
appoint an arbitrator[: |
|
[(1) submit the request and deposit to the |
|
comptroller; and |
|
[(2) request the comptroller to appoint a qualified |
|
arbitrator to conduct the arbitration]. |
|
SECTION 4. Section 41A.08, Tax Code, is amended by adding |
|
Subsections (c), (d), and (e) to read as follows: |
|
(c) The designation of an agent by a property owner under |
|
this section must be made by written authorization on a form |
|
prescribed by the comptroller and signed by the property owner or an |
|
authorized individual other than an agent designated under Section |
|
1.111. The designation must authorize the agent to represent the |
|
owner in an arbitration proceeding under this chapter. The |
|
designation takes effect when the property owner or authorized |
|
individual signs the form. |
|
(d) A property owner's agent shall retain the form described |
|
by Subsection (c) and shall produce the form immediately upon |
|
request from: |
|
(1) the property owner or authorized individual |
|
described by Subsection (c); |
|
(2) the appraisal district that is party to the |
|
arbitration under this chapter; |
|
(3) the appraisal review board that is party to the |
|
arbitration under this chapter; |
|
(4) the arbitrator assigned to the arbitration under |
|
this chapter; or |
|
(5) the comptroller. |
|
(e) Notwithstanding any other law, a property owner may |
|
assign to an agent or entity the property owner's right to receive a |
|
refund of an arbitration deposit. An assignment under this |
|
subsection must be made in writing on a form prescribed by the |
|
comptroller. |
|
SECTION 5. Section 41A.11, Tax Code, is amended to read as |
|
follows: |
|
Sec. 41A.11. POSTAPPEAL ADMINISTRATIVE PROCEDURES. An |
|
arbitration award or settlement reached between the parties to an |
|
arbitration under this chapter is considered to be a final |
|
determination of an appeal for purposes of Subchapter C, Chapter |
|
42. |
|
SECTION 6. The change in law made by this Act applies only |
|
to a request for arbitration made on or after the effective date of |
|
this Act. |
|
SECTION 7. This Act takes effect January 1, 2024. |
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 2355 passed the Senate on |
|
April 4, 2023, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 2355 passed the House on |
|
May 12, 2023, by the following vote: Yeas 140, Nays 0, two |
|
present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |