HB5527 - Relating to the selection, terms, and removal of members of the board of directors and appraisal review board of certain appraisal districts.

  89R11979 PRL-D     By: Buckley H.B. No. 5527       A BILL TO BE ENTITLED   AN ACT   relating to the selection, terms, and removal of members of the   board of directors and appraisal review board of certain appraisal   districts.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 6.03, Tax Code, is amended   to read as follows:          Sec. 6.03.  BOARD OF DIRECTORS [ IN LESS POPULOUS COUNTIES ].          SECTION 2.  The heading to Section 6.033, Tax Code, is   amended to read as follows:          Sec. 6.033.  RECALL OF [ APPOINTED ] DIRECTOR.          SECTION 3.  Section 6.033(a), Tax Code, is amended to read as   follows:          (a)  The governing body of a taxing unit may call for the   recall of a [ an appointed ] member of the board of directors of an   appraisal district appointed under Section 6.03 for whom the taxing   unit cast any of its votes in the appointment of the board.  The call   must be in the form of a resolution, be filed with the chief   appraiser of the appraisal district, and state that the taxing unit   is calling for the recall of the member.  If a resolution calling   for the recall of a board member is filed under this subsection, the   chief appraiser, not later than the 10th day after the date of   filing, shall deliver a written notice of the filing of the   resolution and the date of its filing to the presiding officer of   the governing body of each taxing unit entitled to vote in the   appointment of board members.          SECTION 4.  Section 6.036(a), Tax Code, is amended to read as   follows:          (a)  An individual is not eligible to be [ a candidate for, to   be ] appointed to [ , ] or to serve on the board of directors of an   appraisal district if the individual or a business entity in which   the individual has a substantial interest is a party to a contract   with:                (1)  the appraisal district; or                (2)  a taxing unit that participates in the appraisal   district, if the contract relates to the performance of an activity   governed by this title.          SECTION 5.  Section 6.052(f), Tax Code, is amended to read as   follows:          (f)  The taxpayer liaison officer is responsible for   providing clerical assistance to the local administrative district   judge [ applicable appointing authority prescribed by Section   6.41(d) ] in the selection of appraisal review board members and for   publicizing the availability of positions on the appraisal review   board.  The officer shall deliver to the local administrative   district judge [ applicable appointing authority ] 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 [ applicable appointing authority ].  The officer may   not influence the process for selecting appraisal review board   members.          SECTION 6.  Sections 6.41(d), (d-1), (d-2), (d-3), (d-5),   (d-9), (d-10), (e), (f), (g), (i), and (j), Tax Code, are amended to   read as follows:          (d)  Members of the board are appointed by the [ applicable   appointing authority.     For an appraisal district to which Section   6.03 applies, the appointing authority is the ] local administrative   district judge under Subchapter D, Chapter 74, Government Code, in   the county in which the appraisal district is established.  [ For an   appraisal district to which Section 6.0301 applies, the appointing   authority is the board of directors of the district. ] A vacancy on   the board is filled in the same manner for the unexpired portion of   the term.          (d-1)  All 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 [ applicable appointing   authority ].  The appraisal district may provide the local   administrative district judge [ appointing authority ] 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 [ acting as an   appointing authority ] may make appointments 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 district judge [ applicable   appointing authority ] shall cause the proper officer to notify   appointees to the board of their appointment, and when and where   they are to appear.          (d-5)  The appraisal district of the county shall provide to   the local administrative district judge [ applicable appointing   authority ], or to the appraisal review board commissioners, as the   case may be, the number of appraisal review board positions that   require appointment and shall provide whatever reasonable   assistance is requested by the local administrative district judge   [ applicable appointing authority ] or the commissioners.          (d-9)  In selecting individuals who are to serve as members   of the appraisal review board for an appraisal district described   by Subsection (b-2), the local administrative district judge [ board   of directors of the district ] shall select an adequate number of   qualified individuals to permit the chairman of the appraisal   review board to fill the positions on each special panel   established under Section 6.425.          (d-10)  Upon selection of the individuals who are to serve as   members of the appraisal review board, the local administrative   district judge [ applicable appointing authority ] shall enter an   appropriate order designating such members and setting each   member's respective term of office, as provided elsewhere in this   section.          (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, the [ applicable   appointing authority, or the ] local administrative district judge   or the judge's designee [ if the appointing authority is the judge, ]   shall designate those members who serve terms of one year as needed   to comply with this subsection.          (f)  A member of the appraisal review board may be removed   from the board by the [ applicable appointing authority, or the ]   local administrative district judge or the judge's designee [ if the   appointing authority is the judge ].  Not later than the 90th day   after the date the board of directors, local administrative   district judge, or judge's designee that appointed a member of the   appraisal review board learns of a potential ground for removal of   the member, the board of directors, local administrative district   judge, or judge's designee, as applicable, shall remove the member   or find by official action that the member's removal is not   warranted.  Grounds for removal are:                (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   [ applicable appointing authorities ] in the counties in which the   appraisal districts that are parties to the contract are   established.          (i)  A chief appraiser or another 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 [ if the board is established for a district to   which Section 6.03 applies ], a property tax consultant, or an agent   of a property owner commits an offense if the person communicates   with the local administrative district judge [ applicable   appointing authority ] 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   [ applicable appointing authority ] 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 [ applicable appointing authority ] 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 [ if the board is   established for a district to which Section 6.03 applies ] and the   local administrative district judge [ applicable appointing   authority ] 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   [ applicable appointing authority ]; 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 [ applicable appointing authority ]   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 the local administrative district judge [ , if the   judge is the appointing authority for the district, ] 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 7.  Section 6.42(a), Tax Code, is amended to read as   follows:          (a)  A majority of the appraisal review board constitutes a   quorum.  The local administrative district judge under Subchapter   D, Chapter 74, Government Code, [ applicable appointing authority   prescribed by Section 6.41(d) ] in the county in which the appraisal   district is established shall select a chairman and a secretary   from among the members of the appraisal review board.  The judge   [ applica [Text truncated for display. 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