Bill Summary – FastDemocracy

   
      88(3) SB 43 - Introduced version - Bill Text
      
            88S30066 TJB-D
         
		By:  Hinojosa
            S.B.  No.  43
         
               A BILL TO BE ENTITLED
            
               AN ACT
            
            relating to expedited appeals of appraisal review board orders in 
         
            certain appraisal districts.
         
                          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                          SECTION  1.    Section 22.004, Government Code, is amended by 
         
            adding Subsection (h-2) to read as follows:
         
                          (h-2)    In addition to the rules adopted under Subsections (h) 
         
            and (h-1), the supreme court shall adopt rules to promote the 
         
            prompt, efficient, and cost-effective resolution of civil actions 
         
            authorized by district courts to be expedited under Section 42.222, 
         
            Tax Code.  The rules must require that the final determination of a 
         
            civil action authorized by a district court to be expedited under 
         
            that section, including all appeals subsequent to the district 
         
            court's determination in that action, be made on or before July 25 
         
            of the year following the year in which the petition for the civil 
         
            action is filed, and shall prescribe deadlines to ensure the final 
         
            determination is made by that date.  The rules shall balance the 
         
            need for prompt, efficient, and cost-effective resolution of these 
         
            actions against the complexity of and discovery needs in these 
         
            actions.  The supreme court may not adopt rules under this 
         
            subsection that conflict with other statutory law.
         
                          SECTION  2.    Section 41.47(e), Tax Code, is amended to read as 
         
            follows:
         
                          (e)    The notice of the issuance of the order must contain a 
         
            prominently printed statement in upper-case bold lettering 
         
            informing the property owner in clear and concise language of the 
         
            property owner's right to appeal the order of the board to district 
         
            court.  The statement must describe the deadline prescribed by 
         
            Section 42.06(a) for filing a written notice of appeal and the 
         
            applicable deadline prescribed by Section 42.21(a) or (a-1) for 
         
            filing the petition for review with the district court.
         
                          SECTION  3.    Section 42.21, Tax Code, is amended by amending 
         
            Subsections (a), (c), (e), (g), and (h) and adding Subsections 
         
            (a-1) and (a-2) to read as follows:
         
                          (a)    Except as provided by Subsection (a-1), a [A] party who 
         
            appeals as provided by this chapter must file a petition for review 
         
            with the district court within 60 days after the party received 
         
            notice that a final order has been entered from which an appeal may 
         
            be had or at any time after the hearing but before the 60-day 
         
            deadline.
         
                          (a-1)    This subsection applies only to an appeal described by 
         
            Section 42.222(b).  A party who appeals as provided by this chapter 
         
            must file a petition for review with the district court within 30 
         
            days after the party received notice that a final order has been 
         
            entered from which an appeal may be had or at any time after the 
         
            hearing but before the 30-day deadline.
         
                          (a-2)    Failure to timely file a petition as prescribed by 
         
            Subsection (a) or (a-1), as applicable, bars any appeal under this 
         
            chapter.
         
                          (c)    If an appeal under this chapter is pending when the 
         
            appraisal review board issues an order in a subsequent year under a 
         
            protest by the same property owner and that protest relates to the 
         
            same property that is involved in the pending appeal, the property 
         
            owner may appeal the subsequent appraisal review board order by 
         
            amending the original petition for the pending appeal to include 
         
            the grounds for appealing the subsequent order.  The amended 
         
            petition must be filed with the court in the period provided by 
         
            Subsection (a) or (a-1), as applicable, for filing a petition for 
         
            review of the subsequent order.  A property owner may appeal the 
         
            subsequent appraisal review board order under this subsection or 
         
            may appeal the order independently of the pending appeal as 
         
            otherwise provided by this section, but may not do both.  A property 
         
            owner may change the election of remedies provided by this 
         
            subsection at any time before the end of the period provided by 
         
            Subsection (a) or (a-1), as applicable, for filing a petition for 
         
            review.
         
                          (e)    A petition that is timely filed under Subsection (a) or 
         
            (a-1), as applicable, or amended under Subsection (c) may be 
         
            subsequently amended to:
         
                                      (1)    correct or change the name of a party; or
         
                                      (2)    not later than the 120th day before the date of 
         
            Statutes affected: 
Introduced: Government Code 22.004, Tax Code 41.47, Tax Code 42.21, Tax Code 42.28 (Government Code 22, Tax Code 42, Tax Code 41)



	A BILL TO BE ENTITLED
	AN ACT
	relating to expedited appeals of appraisal review board orders in
	certain appraisal districts.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 22.004, Government Code, is amended by
	adding Subsection (h-2) to read as follows:
	(h-2) In addition to the rules adopted under Subsections (h)
	and (h-1), the supreme court shall adopt rules to promote the
	prompt, efficient, and cost-effective resolution of civil actions
	authorized by district courts to be expedited under Section 42.222,
	Tax Code. The rules must require that the final determination of a
	civil action authorized by a district court to be expedited under
	that section, including all appeals subsequent to the district
	court's determination in that action, be made on or before July 25
	of the year following the year in which the petition for the civil
	action is filed, and shall prescribe deadlines to ensure the final
	determination is made by that date. The rules shall balance the
	need for prompt, efficient, and cost-effective resolution of these
	actions against the complexity of and discovery needs in these
	actions. The supreme court may not adopt rules under this
	subsection that conflict with other statutory law.
	SECTION 2. Section 41.47(e), Tax Code, is amended to read as
	follows:
	(e) The notice of the issuance of the order must contain a
	prominently printed statement in upper-case bold lettering
	informing the property owner in clear and concise language of the
	property owner's right to appeal the order of the board to district
	court. The statement must describe the deadline prescribed by
	Section 42.06(a) for filing a written notice of appeal and the
	applicable deadline prescribed by Section 42.21(a) or (a-1) for
	filing the petition for review with the district court.
	SECTION 3. Section 42.21, Tax Code, is amended by amending
	Subsections (a), (c), (e), (g), and (h) and adding Subsections
	(a-1) and (a-2) to read as follows:
	(a) Except as provided by Subsection (a-1), a [A] party who
	appeals as provided by this chapter must file a petition for review
	with the district court within 60 days after the party received
	notice that a final order has been entered from which an appeal may
	be had or at any time after the hearing but before the 60-day
	deadline.
	(a-1) This subsection applies only to an appeal described by
	Section 42.222(b). A party who appeals as provided by this chapter
	must file a petition for review with the district court within 30
	days after the party received notice that a final order has been
	entered from which an appeal may be had or at any time after the
	hearing but before the 30-day deadline.
	(a-2) Failure to timely file a petition as prescribed by
	Subsection (a) or (a-1), as applicable, bars any appeal under this
	chapter.
	(c) If an appeal under this chapter is pending when the
	appraisal review board issues an order in a subsequent year under a
	protest by the same property owner and that protest relates to the
	same property that is involved in the pending appeal, the property
	owner may appeal the subsequent appraisal review board order by
	amending the original petition for the pending appeal to include
	the grounds for appealing the subsequent order. The amended
	petition must be filed with the court in the period provided by
	Subsection (a) or (a-1), as applicable, for filing a petition for
	review of the subsequent order. A property owner may appeal the
	subsequent appraisal review board order under this subsection or
	may appeal the order independently of the pending appeal as
	otherwise provided by this section, but may not do both. A property
	owner may change the election of remedies provided by this
	subsection at any time before the end of the period provided by
	Subsection (a) or (a-1), as applicable, for filing a petition for
	review.
	(e) A petition that is timely filed under Subsection (a) or
	(a-1), as applicable, or amended under Subsection (c) may be
	subsequently amended to:
	(1) correct or change the name of a party; or
	(2) not later than the 120th day before the date of
	Statutes affected: Introduced: Government Code 22.004, Tax Code 41.47, Tax Code 42.21, Tax Code 42.28 (Government Code 22, Tax Code 42, Tax Code 41)