chief appraiser becomes an elected office

The text as introduced · 4,703 words

89R1246 DRS-D

By: Bell of Montgomery
H.B. No. 192

A BILL TO BE ENTITLED

AN ACT

relating to the selection of the chief appraiser of an appraisal

district; authorizing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1.15, Tax Code, is amended to read as

follows:

Sec. 1.15. APPRAISERS FOR TAXING UNITS PROHIBITED. A

taxing unit may not employ any person for the purpose of appraising

property for taxation purposes [ except to the extent necessary to

perform a contract under Section 6.05(b) of this code ].

SECTION 2. Sections 5.041(c), (e-1), (e-3), (f), and (g),

Tax Code, are amended to read as follows:

(c) The comptroller may contract with service providers to

assist with the duties imposed under Subsection (a), but the course

required may not be provided by an appraisal district, the chief

appraiser of an appraisal district, an [ or another ] employee of an

appraisal district, a member of the board of directors of an

appraisal district, a member of an appraisal review board, or a

taxing unit. The comptroller may assess a fee to recover a portion

of the costs incurred for the training course, but the fee may not

exceed $50 for each person trained. If the training is provided to

an individual other than a member of an appraisal review board, the

comptroller may assess a fee not to exceed $50 for each person

trained.

(e-1) In addition to the course established under

Subsection (a), the comptroller shall approve curricula and provide

materials for use in a continuing education course for members of an

appraisal review board. The course must provide at least four

hours of classroom or distance training and education. The

curricula and materials must include information regarding:

(1) the cost, income, and market data comparison

methods of appraising property;

(2) the appraisal of business personal property;

(3) the determination of capitalization rates for

property appraisal purposes;

(4) the duties of an appraisal review board;

(5) the requirements regarding the independence of an

appraisal review board from the board of directors , [ and ] the chief

appraiser , and [ other ] employees of the appraisal district;

(6) the prohibitions against ex parte communications

applicable to appraisal review board members;

(7) the Uniform Standards of Professional Appraisal

Practice;

(8) the duty of the appraisal district to substantiate

the district's determination of the value of property;

(9) the requirements regarding the equal and uniform

appraisal of property;

(10) the right of a property owner to protest the

appraisal of the property as provided by Chapter 41; and

(11) a detailed explanation of each of the actions

described by Sections 25.25, 41.41(a), 41.411, 41.412, 41.413,

41.42, and 41.43 so that members are fully aware of each of the

grounds on which a property appraisal can be appealed.

(e-3) The comptroller may contract with service providers

to assist with the duties imposed under Subsection (e-1), but the

course required by that subsection may not be provided by an

appraisal district, the chief appraiser of an appraisal district,

an [ or another ] employee of an appraisal district, a member of the

board of directors of an appraisal district, a member of an

appraisal review board, or a taxing unit. The comptroller may

assess a fee to recover a portion of the costs incurred for the

continuing education course, but the fee may not exceed $50 for each

person trained. If the training is provided to an individual other

than a member of an appraisal review board, the comptroller may

assess a fee not to exceed $50 for each person trained.

(f) The comptroller may not advise a property owner, a

property owner's agent, [ or ] the chief appraiser of an appraisal

district, or an [ another ] employee of an appraisal district on a

matter that the comptroller knows is the subject of a protest to the

appraisal review board. The comptroller may provide advice to an

appraisal review board member as authorized by Subsection (a)(4) of

this section or Section 5.103 and may communicate with the chairman

of an appraisal review board or a taxpayer liaison officer

concerning a complaint filed under Section 6.052.

(g) Except during a hearing or other appraisal review board

proceeding and as provided by Subsection (h) of this section and

Section 6.411(c-1), the following persons may not communicate with

a member of an appraisal review board about a course provided under

this section or any matter presented or discussed during the

course:

(1) the chief appraiser of the appraisal district for

which the appraisal review board is established;

(2) an [ another ] employee of the appraisal district

for which the appraisal review board is established;

(3) a member of the board of directors of the appraisal

district for which the appraisal review board is established;

(4) an officer or employee of a taxing unit that

participates in the appraisal district for which the appraisal

review board is established; and

(5) an attorney who represents or whose law firm

represents the appraisal district or a taxing unit that

participates in the appraisal district for which the appraisal

review board is established.

SECTION 3. Section 5.042, Tax Code, is amended by adding

Subsection (b-1) to read as follows:

(b-1) For purposes of removal under Chapter 87, Local

Government Code, "incompetency" in the case of a chief appraiser

includes the failure of the chief appraiser to complete, within the

period provided by Subsection (b) after the date the chief

appraiser is first elected or appointed, the course of training

required by Subsection (a).

SECTION 4. Section 5.043(e), Tax Code, is amended to read as

follows:

(e) The comptroller may contract with service providers to

assist with the duties imposed under Subsection (b), but the

training program may not be provided by an appraisal district, the

chief appraiser of an appraisal district, an [ or another ] employee

of an appraisal district, a member of the board of directors of an

appraisal district, a member of an appraisal review board, or a

taxing unit. The comptroller may assess a fee to recover a portion

of the costs incurred for the training program, but the fee may not

exceed $50 for each person trained. If the training is provided to

a person other than a person who has agreed to serve as an

arbitrator under Chapter 41A, the comptroller may assess a fee not

to exceed $50 for each person trained.

SECTION 5. Sections 6.035(a), (b), and (d), Tax Code, are

amended to read as follows:

(a) An individual is ineligible to serve on an appraisal

district board of directors or [ and is disqualified from

employment ] as chief appraiser if the individual:

(1) is related within the second degree by

consanguinity or affinity, as determined under Chapter 573,

Government Code, to an individual who is engaged in the business of

appraising property for compensation for use in proceedings under

this title or of representing property owners for compensation in

proceedings under this title in the appraisal district; or

(2) owns property on which delinquent taxes have been

owed to a taxing unit for more than 60 days after the date the

individual knew or should have known of the delinquency unless:

(A) the delinquent taxes and any penalties and

interest are being paid under an installment payment agreement

under Section 33.02; or

(B) a suit to collect the delinquent taxes is

deferred or abated under Section 33.06 or 33.065.

(b) A member of an appraisal district board of directors or

a chief appraiser commits an offense if the board member or chief

appraiser continues to hold office [ or the chief appraiser remains

employed ] knowing that an individual related within the second

degree by consanguinity or affinity, as determined under Chapter

573, Government Code, to the board member or chief appraiser is

engaged in the business of appraising property for compensation for

use in proceedings under this title or of representing property

owners for compensation in proceedings under this title in the

appraisal district in which the member or chief appraiser serves

[ or the chief appraiser is employed ]. An offense under this

subsection is a Class B misdemeanor.

(d) An appraisal performed by a chief appraiser in a private

capacity or by an individual related within the second degree by

consanguinity or affinity, as determined under Chapter 573,

Government Code, to the chief appraiser may not be used as evidence

in a protest or challenge under Chapter 41 or an appeal under

Chapter 42 concerning property that is taxable in the appraisal

district in which the chief appraiser serves [ is employed ].

SECTION 6. The heading to Section 6.05, Tax Code, is amended

to read as follows:

Sec. 6.05. APPRAISAL OFFICE ; CHIEF APPRAISER .

SECTION 7. Sections 6.05(b), (c), and (d), Tax Code, are

amended to read as follows:

(b) The board of directors of an appraisal district may

contract with an appraisal office in another district [ or with a

taxing unit in the district ] to perform the duties of the appraisal

office for the district.

(c) The chief appraiser is the chief administrator of the

appraisal office. The [ Except as provided by Section 6.0501, the ]

chief appraiser is elected at the general election for state and

county officers by the voters of the county in which the appraisal

district is established. The chief appraiser serves a two-year

term beginning January 1 of each odd-numbered year. To be eligible

to serve as chief appraiser, an individual must be a resident of the

county in which the appraisal district is established and must have

resided in the county for at least four years preceding the date the

individual takes office [ appointed by and serves at the pleasure of

the appraisal district board of directors. If a taxing unit

performs the duties of the appraisal office pursuant to a contract,

the assessor for the unit is the chief appraiser. To be eligible to

be appointed or serve as a chief appraiser, a person must be

certified as a registered professional appraiser under Section

1151.160, Occupations Code, possess an MAI professional

designation from the Appraisal Institute, or possess an Assessment

Administration Specialist (AAS), Certified Assessment Evaluator

(CAE), or Residential Evaluation Specialist (RES) professional

designation from the International Association of Assessing

Officers. A person who is eligible to be appointed or serve as a

chief appraiser by having a professional designation described by

this subsection must become certified as a registered professional

appraiser under Section 1151.160, Occupations Code, not later than

the fifth anniversary of the date the person is appointed or begins

to serve as chief appraiser. A chief appraiser who is not eligible

to be appointed or serve as chief appraiser may not perform an

action authorized or required by law to be performed by a chief

appraiser, including the preparation, certification, or submission

of any part of the appraisal roll. Not later than January 1 of each

year, a chief appraiser shall notify the comptroller in writing

that the chief appraiser is either eligible to be appointed or serve

as the chief appraiser or not eligible to be appointed or serve as

the chief appraiser ].

(d) The [ Except as provided by Section 6.0501, the ] chief

appraiser is entitled to compensation as provided by the budget

adopted by the board of directors. The chief appraiser's

compensation may not be directly or indirectly linked to an

increase in the total market, appraised, or taxable value of

property in the appraisal district. The [ Except as provided by

Section 6.0501, the ] chief appraiser may employ and compensate

professional, clerical, and other personnel as provided by the

budget, with the exception of a general counsel to the appraisal

district.

SECTION 8. Section 6.052(g), Tax Code, is amended to read as

follows:

(g) Notwithstanding any other provision of this chapter, a

taxpayer liaison officer or deputy taxpayer liaison officer acting

under the taxpayer liaison officer's supervision does not commit an

offense under this chapter if the officer or deputy communicates

with the chief appraiser of the appraisal district, an [ or another ]

employee or agent of the appraisal district, a member of the

appraisal review board established for the appraisal district, a

member of the board of directors of the appraisal district, the

local administrative district judge, a property tax consultant, a

property owner, an agent of a property owner, or another person if

the communication is made in the good faith exercise of the

officer's statutory duties.

SECTION 9. Section 6.155(a), Tax Code, is amended to read as

follows:

(a) A member of the governing body, officer, or employee of

a taxing unit commits an offense if the person directly or

indirectly communicates with the chief appraiser or an [ another ]

employee of the appraisal district in which the taxing unit

participates for the purpose of influencing the value at which

property in the district is appraised unless the person owns or

leases the property that is the subject of the communication.

SECTION 10. Section 6.41, Tax Code, is amended by amending

Subsections (i) and (j) and adding Subsection (l) to read as

follows:

(i) The [ A ] chief appraiser of the appraisal district, an

[ 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 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 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 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 the [ a ] chief appraiser of

the appraisal district, an [ 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 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 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

applicable appointing authority regarding information relating to

or described by Subsection (f).

(j) The [ A ] chief appraiser of an appraisal district or an

[ 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.

(l) The taxpayer liaison officer for an appraisal district

shall report the contents of a communication described by

Subsection (i)(4) to the applicable appointing authority.

SECTION 11. Sections 6.411(a), (b), and (c-1), Tax Code,

are amended to read as follows:

(a) A member of an appraisal review board commits an offense

if the member communicates with the chief appraiser of, an [ or

another ] employee of, or a member of the board of directors of the

appraisal district for which the appraisal review board is

established in violation of Section 41.66(f).

(b) The [ A ] chief appraiser of an appraisal district, an [ or

another ] employee of an appraisal district, a member of a board of

directors of an appraisal district, or a property tax consultant or

attorney representing a party to a proceeding before the appraisal

review board commits an offense if the person communicates with a

member of the appraisal review board established for the appraisal

district with the intent to influence a decision by the member in

the member's capacity as a member of the appraisal review board.

(c-1) This section does not apply to communications with a

member of an appraisal review board by the chief appraiser of an

appraisal district, an [ or another ] employee of an appraisal

district, [ or ] a member of the board of directors of an appraisal

district , or a property tax consultant or attorney representing a

party to a proceeding before the appraisal review board:

(1) during a hearing on a protest or other proceeding

before the appraisal review board;

(2) that constitute social conversation;

(3) that are specifically limited to and involve

administrative, clerical, or logistical matters related to the

scheduling and operation of hearings, the processing of documents,

the issuance of orders, notices, and subpoenas, and the operation,

appointment, composition, or attendance at training of the

appraisal review board; or

(4) that are necessary and appropriate to enable the

board of directors of the appraisal district to determine whether

to appoint, reappoint, or remove a person as a member or the

chairman or secretary of the appraisal review board.

SECTION 12. Section 22.28(d), Tax Code, is amended to read

as follows:

(d) To help defray the costs of administering this chapter,

a collector who collects a penalty imposed under Subsection (a)

shall remit to the appraisal district of [ that employs ] the chief

appraiser who imposed the penalty an amount equal to five percent of

the penalty amount collected.

SECTION 13. Section 42.21(d), Tax Code, is amended to read

as follows:

(d) An appraisal district is served by service on the chief

appraiser at any time or by service on any other officer or an

employee of the appraisal district present at the appraisal office

at a time when the appraisal office is open for business with the

public. An appraisal review board is served by service on the

chairman of the appraisal review board. Citation of a party is

issued and served in the manner provided by law for civil suits

generally.

SECTION 14. Section 144.001, Election Code, is amended to

read as follows:

Sec. 144.001. APPLICABILITY OF CHAPTER. (a) Except as

provided by Subsection (b), this [ This ] chapter applies to a

candidate for an office of a political subdivision other than a city

or county.

(b) This chapter does not apply to a candidate for chief

appraiser of an appraisal district.

SECTION 15. Section 172.001, Election Code, is amended to

read as follows:

Sec. 172.001. NOMINATING BY PRIMARY ELECTION

REQUIRED. Except as otherwise provided by this code, a political

party's nominees in the general election for the chief appraiser of

an appraisal district, offices of state and county government , and

offices of the United States Congress must be nominated by primary

election, held as provided by this code, if the party's nominee for

governor in the most recent gubernatorial general election received

20 percent or more of the total number of votes received by all

candidates for governor in the election.

SECTION 16. Section 172.002(a), Election Code, is amended

to read as follows:

(a) Except as otherwise provided by this code, a political

party's nominees in the general election for the chief appraiser of

an appraisal district, offices of state and county government , and

offices of the United States Congress may be nominated by primary

election, held as provided by this code, if the party's nominee for

governor in the most recent gubernatorial general election received

at least two percent but less than 20 percent of the total number of

votes received by all candidates for governor in the election.

SECTION 17. Section 172.024(a), Election Code, is amended

to read as follows:

(a) The filing fee for a candidate for nomination in the

general primary election is as follows:

(1) United States senator $5,000

(2) office elected statewide, except United States

senator 3,750

(3) United States representative 3,125

(4) state senator 1,250

(5) state representative 750

(6) member, State Board of Education 300

(7) chief justice or justice, court of appeals, other

than a justice specified by Subdivision (8) 1,875

(8) chief justice or justice of a court of appeals that

serves a court of appeals district in which a county with a

population of more than 1.2 million is wholly or partly

situated 2,500

(9) district judge or judge specified by Section

52.092(d) for which this schedule does not otherwise prescribe a

fee 1,500

(10) district or criminal district judge of a court in

a judicial district wholly contained in a county with a population

of more than 1.5 million 2,500

(11) judge, statutory county court, other than a judge

specified by Subdivision (12) 1,500

(12) judge of a statutory county court in a county with

a population of more than 1.5 million 2,500

(13) district attorney, criminal district attorney,

or county attorney performing the duties of a district

attorney 1,250

(14) county commissioner, district clerk, county

clerk, sheriff, county tax assessor-collector, county treasurer,

or judge, constitutional county court:

(A) county with a population of 200,000 or

more 1,250

(B) county with a population of under

200,000 750

(15) justice of the peace or constable:

(A) county with a population of 200,000 or

more 1,000

(B) county with a population of under

200,000 375

(16) county surveyor75

(17) office of the county government for which this

schedule does not otherwise prescribe a fee 750

(18) chief appraiser of an appraisal district:

(A) county with a population of 200,000 or

more 1,250

(B) county with a population of under

200,000 750

SECTION 18. Section 172.025, Election Code, is amended to

read as follows:

Sec. 172.025. NUMBER OF PETITION SIGNATURES REQUIRED. The

minimum number of signatures that must appear on the petition

authorized by Section 172.021(b) is:

(1) 5,000, for a statewide office; or

(2) for a district, county, appraisal district, or

precinct office, the lesser of:

(A) 500; or

(B) two percent of the total vote received in the

district, county, appraisal district, or precinct, as applicable,

by all the candidates for governor in the most recent gubernatorial

general election, unless that number is under 50, in which case the

required number of signatures is the lesser of:

(i) 50; or

(ii) 20 percent of that total vote.

SECTION 19. Section 181.002, Election Code, is amended to

read as follows:

Sec. 181.002. NOMINATING BY CONVENTION AUTHORIZED. A

political party may make nominations for the general election for

state and county officers and the chief appraiser of an appraisal

district by convention, as provided by this chapter, if the party is

authorized by Section 172.002 to make nominations by primary

election.

SECTION 20. Section 181.003, Election Code, is amended to

read as follows:

Sec. 181.003. NOMINATING BY CONVENTION REQUIRED. A

political party must make nominations for the general election for

state and county officers and the chief appraiser of an appraisal

district by convention, as provided by this chapter, if the party is

not required or authorized to nominate by primary election.

SECTION 21. Section 181.0311(a), Election Code, is amended

to read as follows:

(a) In addition to any other requirements, to be considered

for nomination by convention, a candidate must:

(1) pay a filing fee to the secretary of state for a

statewide , [ or ] district , or appraisal district office or the

county judge for a county or precinct office; or

(2) submit to the secretary of state for a statewide ,

[ or ] district , or appraisal district office or the county judge for

a county or precinct office a petition in lieu of a filing fee that

satisfies the requirements prescribed by Subsection (e) and Section

141.062.

SECTION 22. Section 181.032(a), Election Code, is amended

to read as follows:

(a) An application for nomination by a convention must be

filed with:

(1) the state chair, for a statewide , [ or ] district ,

or appraisal district office; or

(2) the county chair, for a county or precinct office.

SECTION 23. Section 181.061(c), Election Code, is amended

to read as follows:

(c) A party nominating by convention must make its

nominations for county and precinct offices , [ and ] for offices of

districts not situated in more than one county , and for offices of

appraisal districts at county conventions held on the first

Saturday after the second Tuesday in March. A county convention

consists of delegates selected at precinct conventions held on the

second Tuesday in March in the regular county election precincts.

SECTION 24. Section 87.041(a), Local Government Code, is

amended to read as follows:

(a) The commissioners court of a county may fill a vacancy

in the office of:

(1) county judge;

(2) county clerk;

(3) district and county clerk;

(4) sheriff;

(5) county attorney;

(6) county treasurer;

(7) county surveyor;

(8) county tax assessor-collector;

(9) justice of the peace; [ or ]

(10) constable ; or

(11) chief appraiser .

SECTION 25. Section 1151.164, Occupations Code, is amended

to read as follows:

Sec. 1151.164. CHIEF APPRAISER TRAINING PROGRAM. (a) The

department shall implement a training program for newly elected or

appointed chief appraisers and shall prescribe the curriculum for

the training program as provided by this section.

(b) The training program must provide the chief appraiser

[ appointee ] with information regarding:

(1) this chapter;

(2) the programs operated by the department;

(3) the role and functions of the department;

(4) the rules of the commission, with an emphasis on

the rules that relate to ethical behavior;

(5) the role and functions of the chief appraiser, the

appraisal district board of directors, and the appraisal review

board;

(6) the importance of maintaining the independence of

an appraisal office from political pressure;

(7) the importance of prompt and courteous treatment

of the public;

(8) the finance and budgeting requirements for an

appraisal district, including appropriate controls to ensure that

expenditures are proper; and

(9) the requirements of:

(A) the open meetings law, Chapter 551,

Government Code;

(B) the public information law, Chapter 552,

Government Code;

(C) the administrative procedure law, Chapter

2001, Government Code;

(D) other laws relating to public officials,

including conflict-of-interest laws; and

(E) the standards of ethics imposed by the

Uniform Standards of Professional Appraisal Practice.

SECTION 26. Sections 5.042(c) and 6.0501, Tax Code, are

repealed.

SECTION 27. (a) Chief appraisers shall be elected as

provided by Section 6.05, Tax Code, as amended by this Act,

beginning with the primary and general elections conducted in 2026.

Chief appraisers then elected take office January 1, 2027.

(b) The change in the manner of selection of chief

appraisers made by this Act does not affect the selection of a chief

appraiser who is appointed by the appraisal district board of

directors before January 1, 2026, and that person continues to

serve at the pleasure of the board of directors as provided by the

former law until removed by the board of directors or until the

person elected as chief appraiser for the term that begins January

1, 2027, has qualified for office.

SECTION 28. (a) Except as otherwise provided by this

section, this Act takes effect January 1, 2027.

(b) This section and Sections 14, 15, 16, 17, 18, 19, 20, 21,

22, and 23 of this Act take effect September 1, 2025.