Bill Text: TX SB725 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to suits against appraisal districts and appraisal review boards.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-02-23 - Referred to Intergovernmental Relations [SB725 Detail]
Download: Texas-2011-SB725-Introduced.html
| 82R3374 CJC-D | ||
| By: Williams | S.B. No. 725 | |
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| relating to suits against appraisal districts and appraisal review | ||
| boards. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 43.01, Tax Code, is amended to read as | ||
| follows: | ||
| Sec. 43.01. AUTHORITY TO BRING SUIT. (a) A taxing unit may | ||
| sue the appraisal district that appraises property for the unit to | ||
| compel the appraisal district to comply with the provisions of this | ||
| title, rules of the comptroller, or other applicable law. | ||
| (b) A person may sue an appraisal district or appraisal | ||
| review board to compel the appraisal district or appraisal review | ||
| board to comply with the provisions of this title, rules of the | ||
| comptroller, or other applicable law if the failure to comply | ||
| causes or will cause substantial economic harm to or denial of a | ||
| statutory or constitutional right of that person. A person | ||
| bringing an action under this subsection must pay $500 into the | ||
| registry of the court. The court shall distribute that amount to | ||
| the prevailing party on entry of final judgment in the action. | ||
| (c) If the party bringing an action under this section | ||
| prevails on the merits, the court shall enter an order compelling | ||
| the appraisal district or appraisal review board to comply with the | ||
| applicable law and ordering that the prevailing party recover its | ||
| court costs and reasonable attorney's fees. | ||
| (d) This section applies only to a matter that may not be the | ||
| subject of a motion under Section 25.25(c) or (d) or a protest or | ||
| challenge under Chapter 41. | ||
| SECTION 2. The changes in law made by this Act apply only to | ||
| a suit filed under Section 43.01, Tax Code, on or after the | ||
| effective date of this Act. A suit filed under that section before | ||
| the effective date of this Act is governed by the law in effect on | ||
| the date the suit was filed, and the former law is continued in | ||
| effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
