Bill Summary – FastDemocracy

   
      87(R) SB 1436 - House Committee Report version - Bill Text
      
		By:  Bettencourt
            S.B.  No.  1436
         
            (Shine, Bell of Kaufman)
         
               A BILL TO BE ENTITLED
            
               AN ACT
            
            relating to the appeal of a determination by the comptroller of 
         
            public accounts of a protest of the comptroller's findings in a 
         
            study of school district property values.
         
                          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                          SECTION  1.    Section 403.303(d), Government Code, is amended 
         
            to read as follows:
         
                          (d)    A protesting school district may appeal a determination 
         
            of a protest by the comptroller to a district court of Travis County 
         
            by filing a petition with the court.  An owner of property subject 
         
            to the determination of the protest may, with the written approval 
         
            of the protesting school district, join the school district as a 
         
            party to the appeal.  An appeal must be filed not later than the 30th 
         
            day after the date the school district receives notification of a 
         
            final decision on a protest.  The [Review is conducted by the] court 
         
            shall review de novo the comptroller's determination of the protest
         
            sitting without a jury.   The court shall order specific changes to 
         
            the property value study [remand the determination to the 
         
            comptroller] if on the review the court determines [discovers that 
         
            substantial rights of the school district have been prejudiced, 
         
            and] that:
         
                                      (1)    the comptroller has acted arbitrarily and without 
         
            regard to the facts; or
         
                                      (2)    the finding of the comptroller is not reasonably 
         
            supported by a preponderance of the [substantial] evidence 
         
            introduced before the court at the hearing.
         
                          SECTION  2.    The change in law made by this Act applies to an 
         
            appeal of a determination by the comptroller of public accounts of a 
         
            protest of the comptroller's findings in a study of school district 
         
            property values that is pending on the effective date of this Act or 
         
            is filed on or after the effective date of this Act.
         
                          SECTION  3.    The comptroller of public accounts is required 
         
            to implement a provision of this Act only if the legislature 
         
            appropriates money specifically for that purpose.  If the 
         
            legislature does not appropriate money specifically for that 
         
            purpose, the comptroller may, but is not required to, implement a 
         
            provision of this Act using other appropriations available for that 
         
            purpose.
         
                          SECTION  4.    This Act takes effect January 1, 2022.
         
Statutes affected: 
Introduced: 403.303 Government Code
Senate Committee Report: 403.303 Government Code
Engrossed: 403.303 Government Code
House Committee Report: 403.303 Government Code


	A BILL TO BE ENTITLED
	AN ACT
	relating to the appeal of a determination by the comptroller of
	public accounts of a protest of the comptroller's findings in a
	study of school district property values.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 403.303(d), Government Code, is amended
	to read as follows:
	(d) A protesting school district may appeal a determination
	of a protest by the comptroller to a district court of Travis County
	by filing a petition with the court. An owner of property subject
	to the determination of the protest may, with the written approval
	of the protesting school district, join the school district as a
	party to the appeal. An appeal must be filed not later than the 30th
	day after the date the school district receives notification of a
	final decision on a protest. The [~~Review is conducted by the~~] court
	shall review de novo the comptroller's determination of the protest
	sitting without a jury. The court shall order specific changes to
	the property value study [~~remand the determination to the~~
	~~comptroller~~] if on the review the court determines [~~discovers that~~
	~~substantial rights of the school district have been prejudiced,~~
	~~and~~] that:
	(1) the comptroller has acted arbitrarily and without
	regard to the facts; or
	(2) the finding of the comptroller is not reasonably
	supported by a preponderance of the [~~substantial~~] evidence
	introduced before the court at the hearing.
	SECTION 2. The change in law made by this Act applies to an
	appeal of a determination by the comptroller of public accounts of a
	protest of the comptroller's findings in a study of school district
	property values that is pending on the effective date of this Act or
	is filed on or after the effective date of this Act.
	SECTION 3. The comptroller of public accounts is required
	to implement a provision of this Act only if the legislature
	appropriates money specifically for that purpose. If the
	legislature does not appropriate money specifically for that
	purpose, the comptroller may, but is not required to, implement a
	provision of this Act using other appropriations available for that
	purpose.
	SECTION 4. This Act takes effect January 1, 2022.