Bill Text: TX HB2941 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the appointment of appraisal review board members.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2021-06-07 - Effective immediately [HB2941 Detail]
Download: Texas-2021-HB2941-Enrolled.html
H.B. No. 2941 |
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relating to the appointment of appraisal review board members. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 6.052(f), Tax Code, is amended to read as | ||
follows: | ||
(f) The taxpayer liaison officer [ |
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clerical assistance to the local administrative district judge in | ||
the selection of appraisal review board members. The officer shall | ||
deliver to the local administrative district judge any applications | ||
to serve on the board that are submitted to the officer and shall | ||
perform other duties as requested by the local administrative | ||
district judge. The officer may not influence the process for | ||
selecting appraisal review board members. | ||
SECTION 2. Sections 6.41(d), (d-1), (d-2), (d-3), (e), (f), | ||
(g), (i), and (j), Tax Code, are amended to read as follows: | ||
(d) Members [ |
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district judge under Subchapter D, Chapter 74, Government Code, in | ||
the county in which the appraisal district is established | ||
[ |
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the unexpired portion of the term. | ||
(d-1) [ |
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applications submitted to the appraisal district or to the | ||
appraisal review board from persons seeking appointment as a member | ||
of the appraisal review board shall be delivered to the local | ||
administrative district judge. The appraisal district may provide | ||
the local administrative district judge with information regarding | ||
whether an applicant for appointment to or a member of the board | ||
owes any delinquent ad valorem taxes to a taxing unit participating | ||
in the appraisal district. | ||
(d-2) A local administrative district judge [ |
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to the board directly or may, by written order, appoint from three | ||
to five persons to perform the duties of appraisal review board | ||
commissioner. If the local administrative district judge chooses | ||
to appoint appraisal review board commissioners, each commissioner | ||
shall possess the same qualifications as those required of an | ||
appraisal review board member. | ||
(d-3) The local administrative judge [ |
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[ |
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when and where they are to appear. | ||
(e) Members of the board hold office for terms of two years | ||
beginning January 1. The appraisal district board of directors by | ||
resolution shall provide for staggered terms, so that the terms of | ||
as close to one-half of the members as possible expire each year. | ||
In making the initial or subsequent appointments, [ |
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judge's designee shall designate those members who serve terms of | ||
one year as needed to comply with this subsection. | ||
(f) A member of the board may be removed from the board [ |
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the local administrative district judge or the judge's designee[ |
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(1) a violation of Section 6.412, 6.413, 41.66(f), or | ||
41.69; | ||
(2) good cause relating to the attendance of members | ||
at called meetings of the board as established by written policy | ||
adopted by a majority of the appraisal district board of directors; | ||
or | ||
(3) evidence of repeated bias or misconduct. | ||
(g) Subsection (a) does not preclude the boards of directors | ||
of two or more adjoining appraisal districts from providing for the | ||
operation of a consolidated appraisal review board by interlocal | ||
contract. Members of a consolidated appraisal review board are | ||
appointed jointly by the local administrative district judges in | ||
the counties in which the appraisal districts that are parties to | ||
the contract are established. | ||
(i) [ |
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employee or agent of the appraisal district, a member of the | ||
appraisal review board for the appraisal district, a member of the | ||
board of directors of the appraisal district, a property tax | ||
consultant, or an agent of a property owner commits an offense if | ||
the person communicates with the local administrative district | ||
judge regarding the appointment of appraisal review board members. | ||
This subsection does not apply to: | ||
(1) a communication between a member of the appraisal | ||
review board and the local administrative district judge regarding | ||
the member's reappointment to the board; | ||
(2) a communication between the taxpayer liaison | ||
officer for the appraisal district and the local administrative | ||
district judge in the course of the performance of the officer's | ||
clerical duties so long as the officer does not offer an opinion or | ||
comment regarding the appointment of appraisal review board | ||
members; | ||
(3) a communication between a chief appraiser or | ||
another employee or agent of the appraisal district, a member of the | ||
appraisal review board for the appraisal district, or a member of | ||
the board of directors of the appraisal district and the local | ||
administrative district judge regarding information relating to or | ||
described by Subsection (d-1), (d-5), or (f) of this section or | ||
Section 411.1296, Government Code; | ||
(4) a communication between a property tax consultant | ||
or a property owner or an agent of the property owner and the | ||
taxpayer liaison officer for the appraisal district regarding | ||
information relating to or described by Subsection (f). The | ||
taxpayer liaison officer for the appraisal district shall report | ||
the contents of the communication relating to or described by | ||
Subsection (f) to the local administrative district judge; or | ||
(5) a communication between a property tax consultant | ||
or a property owner or an agent of the property owner and the local | ||
administrative district judge regarding information relating to or | ||
described by Subsection (f). | ||
(j) A chief appraiser or another employee or agent of an | ||
appraisal district commits an offense if the person communicates | ||
with a member of the appraisal review board for the appraisal | ||
district, a member of the board of directors of the appraisal | ||
district, or[ |
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judge regarding a ranking, scoring, or reporting of the percentage | ||
by which the appraisal review board or a panel of the board reduces | ||
the appraised value of property. | ||
SECTION 3. Section 6.412(d), Tax Code, is amended to read as | ||
follows: | ||
(d) A person is ineligible to serve on the appraisal review | ||
board of an appraisal district established for a county with a | ||
population of 120,000 or more [ |
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the person: | ||
(1) is a former member of the board of directors, | ||
former officer, or former employee of the appraisal district; | ||
(2) served as a member of the governing body or officer | ||
of a taxing unit for which the appraisal district appraises | ||
property, until the fourth anniversary of the date the person | ||
ceased to be a member or officer; | ||
(3) appeared before the appraisal review board for | ||
compensation during the two-year period preceding the date the | ||
person is appointed; or | ||
(4) served for all or part of three previous terms as a | ||
board member or auxiliary board member on the appraisal review | ||
board. | ||
SECTION 4. Section 411.1296(c), Government Code, is amended | ||
to read as follows: | ||
(c) The [ |
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history record information obtained under this section to the local | ||
administrative district judge or to the appraisal review board | ||
commissioners appointed by the local administrative district | ||
judge. | ||
SECTION 5. The changes made to Section 6.41, Tax Code, as | ||
amended by this Act, apply only to the appointment of appraisal | ||
review board members to terms beginning on or after January 1, 2022. | ||
This Act does not affect the term of an appraisal review board | ||
member serving on December 31, 2021, if the member was appointed | ||
before that date to a term that began before December 31, 2021, and | ||
expires December 31, 2022. | ||
SECTION 6. 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, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2941 was passed by the House on April | ||
15, 2021, by the following vote: Yeas 141, Nays 5, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2941 was passed by the Senate on May | ||
19, 2021, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |