| Sec.
6.01. Appraisal Districts Established.
(a)
An appraisal district is established in each
county.
(b)
The district is responsible for appraising property
in the district for ad valorem tax purposes of
each taxing unit that imposes ad valorem taxes
on property in the district.
(c)
An appraisal district is a political subdivision
of the state.
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Sec.
6.02. District Boundaries.
(a)
Except as otherwise provided by this section,
the appraisal district's boundaries are the same
as the county's boundaries.
(b)
A taxing unit that has boundaries extending into
two or more counties may choose to participate
in only one of the appraisal districts. In that
event, the boundaries of the district chosen
extend outside the county to the extent of the
unit's boundaries. To be effective, the choice
must be approved by resolution of the board of
directors of the district chosen. The choice
of a school district to participate in a single
appraisal district does not apply to property
annexed to the school district under Subchapter
C or G, Chapter 36, Education Code, unless:
(1)
the school district taxes property other than
property annexed to the district under Subchapter
C or G, Chapter 36, Education Code, in the same
county as the annexed property; or
(2)
the annexed property is contiguous to property
in the school district other than property annexed
to the district under Subchapter C or G, Chapter
36, Education Code.
(c)
A taxing unit that has chosen to participate
in a single appraisal district under Subsection
(b) of this section may revoke that choice and,
if permitted to do so by Subsection (b), choose
to participate in a single appraisal district
other than the one previously chosen. A taxing
unit that has withdrawn from an appraisal district
under this subsection and chosen to participate
in another single appraisal district may not
under this subsection withdraw from that district.
(d)
A taxing unit that makes a choice under this
section must do so by an official action of its
governing body in the manner required by law
for official action by the body. A choice made
by a taxing unit under this section takes effect
beginning on the next January 1 that is at least
90 days from the date on which the choice is
made.
(e)
If a taxing unit ceases to have territory in
the county for which the appraisal district in
which the unit participates is established, but
still has territory in two or more counties,
the unit may choose to participate in only one
district in the manner prescribed by this section.
(f)
All costs of operating an appraisal district
in territory outside the county for which the
appraisal district is established are allocated
to the taxing unit for which the appraisal district
appraises property in that territory. If the
appraisal district appraises property in the
same territory for two or more taxing units,
costs of operating the district in that territory
are allocated to the units in the proportion
the total dollar amount of taxes each unit imposes
in that territory bears to the total dollar amount
of taxes all taxing units participating in the
appraisal district impose in that territory.
(g)
If property is annexed to a school district under
Subchapter C or G, Chapter 36, Education Code,
the appraisal district established for the county
in which the property is located shall appraise
the property for the school district, and the
school district participates in that appraisal
district for purposes of the appraisal of that
property, except as otherwise permitted by Subsection
(b).
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Sec.
6.025. Overlapping Appraisal Districts; Joint
Procedures.
(a)
The chief appraisers of two or more appraisal
districts that have boundaries that include any
part of the same territory shall enter into a
written understanding that, with respect to the
property located in the territory in which each
of the districts has appraisal jurisdiction:
(1)
permits each appraiser to have access to and
use information appropriate to appraisals, including
a record of an exemption application, rendition,
or other property owner report;
(2)
eliminates differences in the information in
appraisal records of the districts, including
information relating to ownership of property,
the description of property, and the physical
characteristics of property; and
(3)
contains the form of a written advisory prescribed
by the comptroller informing the owners of property
that reports and other documents required of
the owners must be filed with or sent to each
appraisal district and that the owners should
consider sending any other document relating
to the property to each appraisal district.
(b)
The advisory described by Subsection (a)(3) may
be sent to a property owner having property appraised
by each district when the notice of appraised
value required by Section 25.19(a) is sent.
(c)
The chief appraisers of appraisal districts described
by Subsection (a) shall to the extent practicable
coordinate their appraisal activities so as to
encourage and facilitate the appraisal of the
same property appraised by each district at the
same value.
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Sec.
6.03. Board of Directors.
(a)
The appraisal district is governed by a board
of five directors. To be eligible to serve on
the board of directors, an individual must be
a resident of the district and must have resided
in the district for at least two years immediately
preceding the date the individual takes office.
To be eligible to serve on the board of an appraisal
district established for a county having a population
of at least 200,000 bordering a county having
a population of at least 2,000,000 and the Gulf
of Mexico, an individual must be a member of
the governing body or an elected officer of a
taxing unit entitled to vote on the appointment
of board members under this section. However,
an employee of a taxing unit that participates
in the district is not eligible to serve on the
board unless the individual is also a member
of the governing body or an elected official
of a taxing unit that participates in the district.
(b)
Members of the board of directors serve two-year
terms beginning on January 1 of even-numbered
years.
(c)
Members of the board of directors are appointed
by vote of the governing bodies of the incorporated
cities and towns, the school districts, and,
if entitled to vote, the conservation and reclamation
districts that participate in the district and
of the county. A governing body may cast all
its votes for one candidate or distribute them
among candidates for any number of directorships.
Conservation and reclamation districts are not
entitled to vote unless at least one conservation
and reclamation district in the district delivers
to the chief appraiser a written request to nominate
and vote on the board of directors by June 1
of each odd-numbered year. On receipt of a request,
the chief appraiser shall certify a list by June
15 of all eligible conservation and reclamation
districts that are imposing taxes and that participate
in the district.
(d)
The voting entitlement of a taxing unit that
is entitled to vote for directors is determined
by dividing the total dollar amount of property
taxes imposed in the district by the taxing unit
for the preceding tax year by the sum of the
total dollar amount of property taxes imposed
in the district for that year by each taxing
unit that is entitled to vote, by multiplying
the quotient by 1,000, and by rounding the product
to the nearest whole number. That number is multiplied
by the number of directorships to be filled.
A taxing unit participating in two or more districts
is entitled to vote in each district in which
it participates, but only the taxes imposed in
a district are used to calculate voting entitlement
in that district. (e) The chief appraiser shall
calculate the number of votes to which each taxing
unit other than a conservation and reclamation
district is entitled and shall deliver written
notice to each of those units of its voting entitlement
before October 1 of each odd-numbered year. The
chief appraiser shall deliver the notice:
(1)
to the county judge and each commissioner of
the county served by the appraisal district;
(2)
to the presiding officer of the governing body
of each city or town participating in the appraisal
district, to the city manager of each city or
town having a city manager, and to the city secretary
or clerk, if there is one, of each city or town
that does not have a city manager; and
(3)
to the presiding officer of the governing body
of each school district participating in the
district and to the superintendent of those school
districts.
(f)
The chief appraiser shall calculate the number
of votes to which each conservation and reclamation
district entitled to vote for district directors
is entitled and shall deliver written notice
to the presiding officer of each conservation
and reclamation district of its voting entitlement
and right to nominate a person to serve as a
director of the district before July 1 of each
odd-numbered year.
(g)
Each taxing unit other than a conservation and
reclamation district that is entitled to vote
may nominate by resolution adopted by its governing
body one candidate for each position to be filled
on the board of directors. The presiding officer
of the governing body of the unit shall submit
the names of the unit's nominees to the chief
appraiser before October 15.
(h)
Each conservation and reclamation district entitled
to vote may nominate by resolution adopted by
its governing body one candidate for the district's
board of directors. The presiding officer of
the conservation and reclamation district's governing
body shall submit the name of the district's
nominee to the chief appraiser before July 15
of each odd-numbered year. Before August 1, the
chief appraiser shall prepare a nominating ballot,
listing all the nominees of conservation and
reclamation districts alphabetically by surname,
and shall deliver a copy of the nominating ballot
to the presiding officer of the board of directors
of each district. The board of directors of each
district shall determine its vote by resolution
and submit it to the chief appraiser before August
15. The nominee on the ballot with the most votes
is the nominee of the conservation and reclamation
districts in the appraisal district if the nominee
received more than 10 percent of the votes entitled
to be cast by all of the conservation and reclamation
districts in the appraisal district, and shall
be named on the ballot with the candidates nominated
by the other taxing units. The chief appraiser
shall resolve a tie vote by any method of chance.
(i)
If no nominee of the conservation and reclamation
districts receives more than 10 percent of the
votes entitled to be cast under Subsection (h),
the chief appraiser, before September 1, shall
notify the presiding officer of the board of
directors of each conservation and reclamation
district of the failure to select a nominee.
Each conservation and reclamation district may
submit a nominee by September 15 to the chief
appraiser as provided by Subsection (h). The
chief appraiser shall submit a second nominating
ballot by October 1 to the conservation and reclamation
districts as provided by Subsection (h). The
conservation and reclamation districts shall
submit their votes for nomination before October
15 as provided by Subsection (h). The nominee
on the second nominating ballot with the most
votes is the nominee of the conservation and
reclamation districts in the appraisal district
and shall be named on the ballot with the candidates
nominated by the other taxing units. The chief
appraiser shall resolve a tie vote by any method
of chance.
(j)
Before October 30, the chief appraiser shall
prepare a ballot, listing the candidates alphabetically
according to the first letter in each candidate's
surname, and shall deliver a copy of the ballot
to the presiding officer of the governing body
of each taxing unit that is entitled to vote.
(k)
The governing body of each taxing unit entitled
to vote shall determine its vote by resolution
and submit it to the chief appraiser before November
15. The chief appraiser shall count the votes,
declare the five candidates who receive the largest
cumulative vote totals elected, and submit the
results before December 1 to the governing body
of each taxing unit in the district and to the
candidates. For purposes of determining the number
of votes received by the candidates, the candidate
receiving the most votes of the conservation
and reclamation districts is considered to have
received all of the votes cast by conservation
and reclamation districts and the other candidates
are considered not to have received any votes
of the conservation and reclamation districts.
The chief appraiser shall resolve a tie vote
by any method of chance.
(l)
If a vacancy occurs on the board of directors,
each taxing unit that is entitled to vote by
this section may nominate by resolution adopted
by its governing body a candidate to fill the
vacancy. The unit shall submit the name of its
nominee to the chief appraiser within 10 days
after notification from the board of directors
of the existence of the vacancy, and the chief
appraiser shall prepare and deliver to the board
of directors within the next five days a list
of the nominees. The board of directors shall
elect by majority vote of its members one of
the nominees to fill the vacancy.
(m)
If a school district participates in an appraisal
district in which the only property of the school
district located in the appraisal district is
property annexed to the school district under
Subchapter C or G, Chapter 36, Education Code,
an individual who does not meet the residency
requirements of Subsection (a) is eligible to
be appointed to the board of directors of the
appraisal district if:
(1)
the individual is a resident of the school district;
and
(2)
the individual is nominated as a candidate for
the board of directors by the school district
or, if the taxing units have adopted a change
in the method of appointing board members that
does not require a nomination, the school district
appoints or participates in the appointment of
the individual.
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Sec.
6.031. Changes in Board Membership or Selection.
(a)
The board of directors of an appraisal district,
by resolution adopted and delivered to each taxing
unit participating in the district before August
15, may increase the number of members on the
board of directors of the district to not more
than 13, change the method or procedure for appointing
the members, or both, unless the governing body
of a taxing unit that is entitled to vote on
the appointment of board members adopts a resolution
opposing the change, and files it with the board
of directors before September 1. If a change
is rejected, the board shall notify, in writing,
each taxing unit participating in the district
before September 15.
(b)
The taxing units participating in an appraisal
district may increase the number of members on
the board of directors of the district to not
more than 13, change the method or procedure
for appointing the members, or both, if the governing
bodies of three-fourths of the taxing units that
are entitled to vote on the appointment of board
members adopt resolutions providing for the change.
However, a change under this subsection is not
valid if it reduces the voting entitlement of
one or more taxing units that do not adopt a
resolution proposing it to less than a majority
of the voting entitlement under Section 6.03
of this code or if it reduces the voting entitlement
of any taxing unit that does not adopt a resolution
proposing it to less than 50 percent of its voting
entitlement under Section 6.03 of this code and
if that taxing unit's allocation of the budget
is not reduced to the same proportional percentage
amount, or if it expands the types of taxing
units that are entitled to vote on appointment
of board members.
(c)
An official copy of a resolution under this section
must be filed with the chief appraiser of the
appraisal district after June 30 and before October
1 of a year in which board members are appointed
or the resolution is ineffective.
(d)
Before October 5 of each year in which board
members are appointed, the chief appraiser shall
determine whether a sufficient number of eligible
taxing units have filed valid resolutions proposing
a change for the change to take effect. The chief
appraiser shall notify each taxing unit participating
in the district of each change that is adopted
before October 10.
(e)
A change in membership or selection made as provided
by this section remains in effect until changed
in a manner provided by this section or rescinded
by resolution of a majority of the governing
bodies that are entitled to vote on appointment
of board members under Section 6.03 of this code.
(f)
A provision of Section 6.03 of this code that
is subject to change under this section but is
not expressly changed by resolution of a sufficient
number of eligible taxing units remains in effect.
(g)
For purposes of this section, the conservation
and reclamation districts in an appraisal district
are considered to be entitled to vote on the
appointment of appraisal district directors if:
(1)
a conservation and reclamation district has filed
a request to the chief appraiser to nominate
and vote on directors in the current year as
provided by Section 6.03(c); or
(2)
conservation and reclamation districts were entitled
to vote on the appointment of directors in the
appraisal district in the most recent year in
which directors were appointed under Section
6.03.
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Sec.
6.033. Recall of Director.
(a)
The governing body of a taxing unit may call
for the recall of a member of the board of directors
of an appraisal district appointed under Section
6.03 of this code for whom the 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 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.
(b)
On or before the 30th day after the date on which
a resolution calling for the recall of a member
of the board is filed, the governing body of
a taxing unit that cast any of its votes in the
appointment of the board for that member may
vote to recall the member by resolution submitted
to the chief appraiser. Each taxing unit is entitled
to the same number of votes in the recall as
it cast for that member in the appointment of
the board. The governing body of the taxing unit
calling for the recall may cast its votes in
favor of the recall in the same resolution in
which it called for the recall.
(c)
Not later than the 10th day after the last day
provided by this section for voting in favor
of the recall, the chief appraiser shall count
the votes cast in favor of the recall. If the
number of votes in favor of the recall equals
or exceeds a majority of the votes cast for the
member in the appointment of the board, the member
is recalled and ceases to be a member of the
board. The chief appraiser shall immediately
notify in writing the presiding officer of the
appraisal district board of directors and of
the governing body of each taxing unit that voted
in the recall election of the outcome of the
recall election. If the presiding officer of
the appraisal district board of directors is
the member whose recall was voted on, the chief
appraiser shall also notify the secretary of
the appraisal district board of directors of
the outcome of the recall election.
(d)
If a vacancy occurs on the board of directors
after the recall of a member of the board under
this section, the taxing units that were entitled
to vote in the recall election shall appoint
a new board member. Each taxing unit is entitled
to the same number of votes as it originally
cast to appoint the recalled board member. Each
taxing unit entitled to vote may nominate one
candidate by resolution adopted by its governing
body. The presiding officer of the governing
body of the unit shall submit the name of the
unit's nominee to the chief appraiser on or before
the 30th day after the date it receives notification
from the chief appraiser of the result of the
recall election. On or before the 15th day after
the last day provided for a nomination to be
submitted, the chief appraiser shall prepare
a ballot, listing the candidates nominated alphabetically
according to each candidate's surname, and shall
deliver a copy of the ballot to the presiding
officer of the governing body of each taxing
unit that is entitled to vote. On or before the
15th day after the date on which a taxing unit's
ballot is delivered, the governing body of the
taxing unit shall determine its vote by resolution
and submit it to the chief appraiser. On or before
the 15th day after the last day on which a taxing
unit may vote, the chief appraiser shall count
the votes, declare the candidate who received
the largest vote total appointed, and submit
the results to the presiding officer of the governing
body of the appraisal district and of each taxing
unit in the district and to the candidates. The
chief appraiser shall resolve a tie vote by any
method of chance.
(e)
If the board of directors of an appraisal district
is appointed by a method or procedure adopted
under Section 6.031 of this code, the governing
bodies of the taxing units that voted for or
otherwise participated in the appointment of
a member of the board may recall that member
and appoint a new member to the vacancy by any
method adopted by resolution of a majority of
those governing bodies. If the appointment was
by election, the method of recall and of appointing
a new member to the vacancy is not valid unless
it provides that each taxing unit is entitled
to the same number of votes in the recall and
in the appointment to fill the vacancy as it
originally cast for the member being recalled.
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Sec.
6.034. Optional Staggered Terms for Board of
Directors.
(a)
The taxing units participating in an appraisal
district may provide that the terms of the members
of the board of directors be staggered if the
governing bodies of at least three-fourths of
the taxing units that are entitled to vote on
the appointment of board members adopt resolutions
providing for the staggered terms. A change to
staggered terms may be adopted only if the method
or procedure for appointing board members is
changed under Section 6.031 of this code to eliminate
or have the effect of eliminating cumulative
voting for board members as provided by Section
6.03 of this code. A change to staggered terms
may be proposed concurrently with a change that
eliminates or has the effect of eliminating cumulative
voting.
(b)
An official copy of a resolution providing for
staggered terms adopted by the governing body
of a taxing unit must be filed with the chief
appraiser of the appraisal district after June
30 and before October 1 of a year in which board
members are to be appointed, or the resolution
is ineffective.
(c)
Before October 5 of each year in which board
members are to be appointed, the chief appraiser
shall determine whether a sufficient number of
taxing units have filed valid resolutions proposing
a change to staggered terms for the change to
take effect. Before October 10 the chief appraiser
shall notify each taxing unit participating in
the district of a change that is adopted under
this section.
(d)
A change to staggered terms made under this section
becomes effective beginning on January 1 of the
next even-numbered year after the chief appraiser
determines that the change has been adopted.
The entire board of directors shall be appointed
for that year without regard to the staggered
terms. At the earliest practical date after January
1 of that year, the board shall determine by
lot which of its members shall serve one-year
terms and which shall serve two-year terms in
order to implement the staggered terms. If the
board consists of an even number of board members,
one-half of the members must be designated to
serve one-year terms and one-half shall be designated
to serve two-year terms. If the board consists
of an odd number of board members, the number
of members designated to serve two-year terms
must exceed by one the number of members designated
to serve one-year terms.
(e)
After the staggered terms have been implemented
as provided by Subsection (d) of this section,
the appraisal district shall appoint annually
for terms to begin on January 1 of each year
a number of board members equal to the number
of board members whose terms expire on that January
1, unless a change in the total number of board
members is adopted under Section 6.031 of this
code to take effect on that January 1.
(f)
If a change in the number of directors is adopted
under Section 6.031 of this code in an appraisal
district that has adopted staggered terms for
board members, the change must specify how many
members' terms are to begin in even-numbered
years and how many members' terms are to begin
in odd-numbered years. The change may not provide
that the number of members whose terms are to
begin in even-numbered years differs by more
than one from the number of members whose terms
are to begin in odd-numbered years.
(g)
A change to staggered terms made as provided
by this section may be rescinded by resolution
of a majority of the governing bodies that are
entitled to vote on appointment of board members
under Section 6.03 of this code. To be effective,
a resolution providing for the rescission must
be adopted by the governing body and filed with
the chief appraiser after June 30 and before
October 1 of an odd-numbered year. If the required
number of resolutions are filed during that period,
the chief appraiser shall notify each taxing
unit participating in the district that the rescission
is adopted. If the rescission is adopted, the
terms of all members of the board serving at
the time of the adoption expire on January 1
of the even-numbered year following the adoption,
including terms of members who will have served
only one year of a two-year term on that date.
The entire board of directors shall be appointed
for two-year terms beginning on that date.
(h)
If an appraisal district that has adopted staggered
terms adopts or rescinds a change in the method
or procedure for appointing board members and
the change or rescission results in a method
of appointing board members by cumulative voting,
the change or rescission has the same effect
as a rescission of the change to staggered terms
made under Subsection (g) of this section.
(i)
If a vacancy occurs on the board of directors
of an appraisal district that has adopted staggered
terms for board members, the vacancy shall be
filled by appointment by resolution of the governing
body of the taxing unit that nominated the person
whose departure from the board caused the vacancy,
and the procedure for filling a vacancy provided
by Section 6.03 of this code does not apply in
that event.
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Sec.
6.035. Restrictions on Eligibility and Conduct
of Board Members and Chief Appraisers and Their
Relatives.
(a)
An individual is ineligible to serve on an appraisal
district board of directors and is disqualified
from employment as chief appraiser if the individual
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.
(b)
A member of an appraisal district board of directors
or a chief appraiser commits an offense if the
board member 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 serves or the chief appraiser
is employed. An offense under this subsection
is a Class B misdemeanor.
(c)
A chief appraiser commits an offense if the chief
appraiser refers a person, whether gratuitously
or for compensation, to another person for the
purpose of obtaining an appraisal of property,
whether or not the appraisal is for ad valorem
tax purposes. 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 is employed.
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Sec.
6.036. Interest in Certain Contracts Prohibited.
(a)
An individual is not eligible 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.
(b)
An appraisal district may not enter into a contract
with a member of the board of directors of the
appraisal district or with a business entity
in which a member of the board has a substantial
interest.
(c)
A taxing unit may not enter into a contract relating
to the performance of an activity governed by
this title with a member of the board of directors
of an appraisal district in which the taxing
unit participates or with a business entity in
which a member of the board has a substantial
interest.
(d)
For purposes of this section, an individual has
a substantial interest in a business entity if:
(1)
the combined ownership of the individual and
the individual's spouse is at least 10 percent
of the voting stock or shares of the business
entity; or
(2)
the individual or the individual's spouse is
a partner, limited partner, or officer of the
business entity.
(e)
In this section, "business entity" means
a sole proprietorship, partnership, firm, corporation,
holding company, joint-stock company, receivership,
trust, or other entity recognized by law.
(f)
This section does not limit the application of
any other law, including the common law relating
to conflicts of interest, to an appraisal district
director.
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Sec.
6.037. Participation of Conservation and Reclamation
Districts in Appraisal District Matters.
In
this title, a reference to the taxing units entitled
to vote on the appointment of appraisal district
board members includes the conservation and reclamation
districts participating in the appraisal district,
without regard to whether the conservation and
reclamation districts are currently entitled
to do so under Section 6.03(c). In a provision
of this title other than Section 6.03 or 6.031
that grants authority to a majority or other
number of the taxing units entitled to vote on
the appointment of appraisal district directors,
including the disapproval of the appraisal district
budget under Section 6.06 and the disapproval
of appraisal district board actions under Section
6.10, the conservation and reclamation districts
participating in the appraisal district are given
the vote or authority of one taxing unit. That
vote or authority is considered exercised only
if a majority of the conservation and reclamation
districts take the same action to exercise that
vote or authority. Otherwise, the conservation
and reclamation districts are treated in the
same manner as a single taxing unit that is entitled
to act but does not take any action on the matter.
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Sec.
6.04. Organization, Meetings, and Compensation.
(a)
A majority of the appraisal district board of
directors constitutes a quorum. At its first
meeting each calendar year, the board shall elect
from its members a chairman and a secretary.
(b)
The board may meet at any time at the call of
the chairman or as provided by board rule, but
may not meet less often than once each calendar
quarter.
(c)
Members of the board may not receive compensation
for service on the board but are entitled to
reimbursement for actual and necessary expenses
incurred in the performance of their duties as
provided by the budget adopted by the board.
(d)
The board shall develop and implement policies
that provide the public with reasonable opportunity
to appear before the board to speak on any issue
under the jurisdiction of the board. Reasonable
time shall be provided during each board meeting
for public comment on appraisal district and
appraisal review board policies and procedures,
and a report from the taxpayer liaison officer
if one is required by Section 6.052.
(e)
The board shall prepare and maintain a written
plan that describes how a person who does not
speak English or who has a physical, mental,
or developmental disability may be provided reasonable
access to the board.
(f)
The board shall prepare information of public
interest describing the functions of the board
and the board's procedures by which complaints
are filed with and resolved by the board. The
board shall make the information available to
the public and the appropriate taxing jurisdictions.
(g)
If a written complaint is filed with the board
that the board has authority to resolve, the
board, at least quarterly and until final disposition
of the complaint, shall notify the parties to
the complaint of the status of the complaint
unless notice would jeopardize an undercover
investigation.
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Sec.
6.05. Appraisal Office.
(a)
Except as authorized by Subsection(b) of this
section, each appraisal district shall establish
an appraisal office. The appraisal office must
be located in the county for which the district
is established. An appraisal district may establish
branch appraisal offices outside the county for
which the district is established.
(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 chief appraiser
is 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.
(d)
The chief appraiser is entitled to compensation
as provided by the budget adopted by the board
of directors. He may employ and compensate professional,
clerical, and other personnel as provided by
the budget.
(e)
The chief appraiser may delegate authority to
his employees.
(f)
The chief appraiser may not employ any individual
related to a member of the board of directors
within the second degree by affinity or within
the third degree by consanguinity, as determined
under Chapter 573, Government Code. A person
commits an offense if the person intentionally
or knowingly violates this subsection. An offense
under this subsection is a misdemeanor punishable
by a fine of not less than $100 or more than
$1,000.
(g)
The chief appraiser is an officer of the appraisal
district for purposes of the nepotism law, Chapter
573, Government Code. An appraisal district may
not employ or contract with an individual or
the spouse of an individual who is related to
the chief appraiser within the first degree by
consanguinity or affinity, as determined under
Chapter 573, Government Code.
(h)
The board of directors of an appraisal district
by resolution may prescribe that specified actions
of the chief appraiser relating to the finances
or administration of the appraisal district are
subject to the approval of the board.
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Sec.
6.051. Ownership or Lease of Real Property.
(a)
The board of directors of an appraisal district
may purchase or lease real property and may construct
improvements as necessary to establish and operate
the appraisal office or a branch appraisal office.
(b)
The acquisition or conveyance of real property
or the construction or renovation of a building
or other improvement by an appraisal district
must be approved by the governing bodies of three-fourths
of the taxing units entitled to vote on the appointment
of board members. The board of directors by resolution
may propose a property transaction or other action
for which this subsection requires approval of
the taxing units. The chief appraiser shall notify
the presiding officer of each governing body
entitled to vote on the approval of the proposal
by delivering a copy of the board's resolution,
together with information showing the costs of
other available alternatives to the proposal.
On or before the 30th day after the date the
presiding officer receives notice of the proposal,
the governing body of a taxing unit by resolution
may approve or disapprove the proposal. If a
governing body fails to act on or before that
30th day or fails to file its resolution with
the chief appraiser on or before the 10th day
after that 30th day, the proposal is treated
as if it were disapproved by the governing body.
(c)
The board of directors may convey real property
owned by the district, and the proceeds shall
be credited to each taxing unit that participates
in the district in proportion to the unit's allocation
of the appraisal district budget in the year
in which the transaction occurs. A conveyance
must be approved as provided by Subsection (b)
of this section, and any proceeds shall be apportioned
by an amendment to the annual budget made as
provided by Subsection (c) of Section 6.06 of
this code.
(d)
An acquisition of real property by an appraisal
district before January 1, 1988, may be validated
before March 1, 1988, in the manner provided
by Subsection (b) of this section for the acquisition
of real property.
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Sec.
6.052. Taxpayer Liaison Officer.
(a)
The board of directors for an appraisal district
created for a county with a population of more
than 125,000 shall appoint a taxpayer liaison
officer who shall serve at the pleasure of the
board. The taxpayer liaison officer shall administer
the public access functions required by Sections
6.04(d), (e), and (f), and is responsible for
resolving disputes not involving matters that
may be protested under Section 41.41.
(b)
The taxpayer liaison officer may provide information
and materials designed to assist property owners
in understanding the appraisal process, protest
procedures, and related matters.
(c)
The taxpayer liaison officer shall report to
the board at each meeting on the status of all
complaints filed with the board under Section
6.04(g).
(d)
The taxpayer liaison officer is entitled to compensation
as provided by the budget adopted by the board
of directors.
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Sec.
6.06. Appraisal District Budget and Financing.
(a)
Each year the chief appraiser shall prepare a
proposed budget for the operations of the district
for the following tax year and shall submit copies
to each taxing unit participating in the district
and to the district board of directors before
June 15. He shall include in the budget a list
showing each proposed position, the proposed
salary for the position, all benefits proposed
for the position, each proposed capital expenditure,
and an estimate of the amount of the budget that
will be allocated to each taxing unit. Each taxing
unit entitled to vote on the appointment of board
members shall maintain a copy of the proposed
budget for public inspection at its principal
administrative office.
(b)
The board of directors shall hold a public hearing
to consider the budget. The secretary of the
board shall deliver to the presiding officer
of the governing body of each taxing unit participating
in the district not later than the 10th day before
the date of the hearing a written notice of the
date, time, and place fixed for the hearing.
The board shall complete its hearings, make any
amendments to the proposed budget it desires,
and finally approve a budget before September
15. If governing bodies of a majority of the
taxing units entitled to vote on the appointment
of board members adopt resolutions disapproving
a budget and file them with the secretary of
the board within 30 days after its adoption,
the budget does not take effect, and the board
shall adopt a new budget within 30 days of the
disapproval.
(c)
The board may amend the approved budget at any
time, but the secretary of the board must deliver
a written copy of a proposed amendment to the
presiding officer of the governing body of each
taxing unit participating in the district not
later than the 30th day before the date the board
acts on it.
(d)
Each taxing unit participating in the district
is allocated a portion of the amount of the budget
equal to the proportion that the total dollar
amount of property taxes imposed in the district
by the unit for the tax year in which the budget
proposal is prepared bears to the sum of the
total dollar amount of property taxes imposed
in the district by each participating unit for
that year. If a taxing unit participates in two
or more districts, only the taxes imposed in
a district are used to calculate the unit's cost
allocations in that district. If the number of
real property parcels in a taxing unit is less
than 5 percent of the total number of real property
parcels in the district and the taxing unit imposes
in excess of 25 percent of the total amount of
the property taxes imposed in the district by
all of the participating taxing units for a year,
the unit's allocation may not exceed a percentage
of the appraisal district's budget equal to three
times the unit's percentage of the total number
of real property parcels appraised by the district.
(e)
Unless the governing body of a unit and the chief
appraiser agree to a different method of payment,
each taxing unit shall pay its allocation in
four equal payments to be made at the end of
each calendar quarter, and the first payment
shall be made before January 1 of the year in
which the budget takes effect. A payment is delinquent
if not paid on the date it is due. A delinquent
payment incurs a penalty of 5 percent of the
amount of the payment and accrues interest at
an annual rate of 10 percent. If the budget is
amended, any change in the amount of a unit's
allocation is apportioned among the payments
remaining.
(f)
Payments shall be made to a depository designated
by the district board of directors. The district's
funds may be disbursed only by a written check,
draft, or order signed by the chairman and secretary
of the board or, if authorized by resolution
of the board, by the chief appraiser.
(g)
If a taxing unit decides not to impose taxes
for any tax year, the unit is not liable for
any of the costs of operating the district in
that year, and those costs are allocated among
the other taxing units as if that unit had not
imposed taxes in the year used to calculate allocations.
However, if that unit has made any payments,
it is not entitled to a refund.
(h)
If a newly formed taxing unit or a taxing unit
that did not impose taxes in the preceding year
imposes taxes in any tax year, that unit is allocated
a portion of the amount budgeted to operate the
district as if it had imposed taxes in the preceding
year, except that the amount of taxes the unit
imposes in the current year is used to calculate
its allocation. Before the amount of taxes to
be imposed for the current year is known, the
allocation may be based on an estimate to which
the district board of directors and the governing
body of the unit agree, and the payments made
after that amount is known shall be adjusted
to reflect the amount imposed. The payments of
a newly formed taxing unit that has no source
of funds are postponed until the unit has received
adequate tax or other revenues.
(i)
The fiscal year of an appraisal district is the
calendar year unless the governing bodies of
three-fourths of the taxing units entitled to
vote on the appointment of board members adopt
resolutions proposing a different fiscal year
and file them with the secretary of the board
not more than 12 and not less than eight months
before the first day of the fiscal year proposed
by the resolutions. If the fiscal year of an
appraisal district is changed under this subsection,
the chief appraiser shall prepare a proposed
budget for the fiscal year as provided by Subsection
(a) of this section before the 15th day of the
seventh month preceding the first day of the
fiscal year established by the change, and the
board of directors shall adopt a budget for the
fiscal year as provided by Subsection (b) of
this section before the 15th day of the fourth
month preceding the first day of the fiscal year
established by the change. Unless the appraisal
district adopts a different method of allocation
under Section 6.061 of this code, the allocation
of the budget to each taxing unit shall be calculated
as provided by Subsection (d) of this section
using the amount of property taxes imposed by
each participating taxing unit in the most recent
tax year preceding the fiscal year established
by the change for which the necessary information
is available. Each taxing unit shall pay its
allocation as provided by Subsection (e) of this
section, except that the first payment shall
be made before the first day of the fiscal year
established by the change and subsequent payments
shall be made quarterly. In the year in which
a change in the fiscal year occurs, the budget
that takes effect on January 1 of that year may
be amended as necessary as provided by Subsection
(c) of this section in order to accomplish the
change in fiscal years.
(j)
If the total amount of the payments made or due
to be made by the taxing units participating
in an appraisal district exceeds the amount actually
spent or obligated to be spent during the fiscal
year for which the payments were made, the chief
appraiser shall credit the excess amount against
each taxing unit's allocated payments for the
following year in proportion to the amount of
each unit's budget allocation for the fiscal
year for which the payments were made. If a taxing
unit that paid its allocated amount is not allocated
a portion of the district's budget for the following
fiscal year, the chief appraiser shall refund
to the taxing unit its proportionate share of
the excess funds not later than the 150th day
after the end of the fiscal year for which the
payments were made.
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Sec.
6.061. Changes in Method of Financing.
(a)
The board of directors of an appraisal district,
by resolution adopted and delivered to each taxing
unit participating in the district after June
15 and before August 15, may prescribe a different
method of allocating the costs of operating the
district unless the governing body of any taxing
unit that participates in the district adopts
a resolution opposing the different method, and
files it with the board of directors before September
1. If a board proposal is rejected, the board
shall notify, in writing, each taxing unit participating
in the district before September 15.
(b)
The taxing units participating in an appraisal
district may adopt a different method of allocating
the costs of operating the district if the governing
bodies of three-fourths of the taxing units that
are entitled to vote on the appointment of board
members adopt resolutions providing for the other
method. However, a change under this subsection
is not valid if it requires any taxing unit to
pay a greater proportion of the appraisal district's
costs than the unit would pay under Section 6.06
of this code without the consent of the governing
body of that unit.
(c)
An official copy of a resolution under this section
must be filed with the chief appraiser of the
appraisal district after April 30 and before
May 15 or the resolution is ineffective.
(d)
Before May 20, the chief appraiser shall determine
whether a sufficient number of eligible taxing
units have filed valid resolutions proposing
a change in the allocation of district costs
for the change to take effect. Before May 25,
the chief appraiser shall notify each taxing
unit participating in the district of each change
that is adopted.
(e)
A change in allocation of district costs made
as provided by this section remains in effect
until changed in a manner provided by this section
or rescinded by resolution of a majority of the
governing bodies that are entitled to vote on
appointment of board members under Section 6.03
of this code.
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Sec.
6.062. Publication of Budget.
(a)
Not later than the 10th day before the date of
the public hearing at which the board of directors
considers the appraisal district budget, the
chief appraiser shall give notice of the public
hearing by publishing the notice in a newspaper
having general circulation in the county for
which the appraisal district is established.
The notice may not be smaller than one-quarter
page of a standard-size or tabloid-size newspaper
and may not be published in the part of the paper
in which legal notices and classified advertisements
appear.
(b)
The notice must set out the time, date, and place
of the public hearing and must set out a summary
of the proposed budget. The summary must set
out as separate items:
(1)
the total amount of the proposed budget;
(2)
the amount of increase proposed from the budget
adopted for the current year; and
(3)
the number of employees compensated under the
current budget and the number of employees to
be compensated under the proposed budget.
(c)
The notice must state that the appraisal district
is supported solely by payments from the local
taxing uni |