HBA-JRA H.B. 1245 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1245
By: Palmer
Ways & Means
3/10/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, annual ratio studies of appraisal districts and school districts
are conducted by chief appraisers in appraisal districts who set local
values for annual school district funding.  The Comptroller of Public
Accounts then conducts another ratio study to set state values.  This may
result in school districts challenging the comptroller's findings in court,
at district expense.  Eliminating this duplication of effort would simplify
the process by which school districts receive their funding. H.B. 1245
requires the annual ratio studies for appraisal districts and school
districts in counties with more than 125,000 people, and permits the
studies in counties with less than 125,000 people, to be conducted by the
appraisal districts or someone on their behalf in accordance with the
comptroller's standards, rather than requiring them to be conducted by the
comptroller. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Comptroller of Public Accounts of
the State of Texas in SECTIONS 1 and 5 (Section 5.10, Tax Code, and Section
403.302, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 5.10, Tax Code, as follows: 

(a)  Requires the annual study in each appraisal district to determine the
degree of uniformity of and the median level of appraisals by the appraisal
district within each major category of property to be conducted in
accordance with standards adopted, by rule, by the Comptroller of Public
Accounts of the State of Texas, rather than requiring the comptroller to
conduct the study.  Authorizes the comptroller to adopt the Standard on
Ratio Studies, International Association of Assessing Officers.  Requires
the comptroller to establish the major categories of property for purposes
of this subsection. 

(b)  Requires a study to be conducted by the county's appraisal district in
a county with a population of 125,000 or more and by the comptroller in a
county with a population of less than 125,000, unless that county's
appraisal district chooses to conduct the study.  Authorizes an appraisal
district to contract with another person to conduct a study for that
appraisal district.  Authorizes the comptroller to audit a study conducted
by an appraisal district, or another person on behalf of the district, and
to conduct a study in an appraisal district if the comptroller determines
that the study conducted by that appraisal district, or another person on
behalf of the district, was not conducted in accordance with standards
adopted by the comptroller. 

(c)  Makes conforming changes.

(d)  Redesignated from existing Subsection (b).  Makes conforming changes.

(e)  Redesignated from existing Subsection (c).  Makes conforming changes.

SECTION 2.  Amends Sections 5.101(a) and (b), Tax Code, to make conforming
and nonsubstantive changes. 
 
SECTION 3.  Amends Sections 5.12(a), (d), and (f), Tax Code, to make
conforming and nonsubstantive changes. 

SECTION 4.  Amends Section 42.26(c), Tax Code, to make conforming changes.

SECTION 5.  Amends Section 403.302, Government Code, as amended by Section
44, Chapter 1039, Section 63, Chapter 1040, and Section 27, Chapter 1071,
Acts of the 75th Legislature, Regular Session, 1997, to reenact this
section and make amendments, as follows: 

(a)  Requires the annual study in each school district to determine the
total taxable value of all property in each school district to be conducted
in accordance with standards adopted, by rule, by the comptroller, rather
than requiring the comptroller to conduct the study. Authorizes the
comptroller to adopt the Standard on Ratio Studies, International
Association of Assessing Officers.  Requires the study to use the major
categories of property established by the comptroller under Section 5.10
(Ratio Studies), Tax Code.  Makes conforming changes. 

(b)  Requires a study relating to a school district to be conducted by the
county's appraisal district in a county with a population of 125,000 or
more and by the comptroller in a county with a population of less than
125,000, unless that county's appraisal district chooses to conduct the
study.  Authorizes an appraisal district to contract with another person to
conduct a study relating to a school district for that appraisal district.
Requires a separate study to be conducted in each appraisal district in
which the school district participates for the appropriate portion of the
school district, if a school district participates in more than one
appraisal district.  Authorizes the comptroller to audit a study relating
to a school district conducted by an appraisal district, or another person
on behalf of the district, and to conduct a study in an appraisal district
if the comptroller determines that the study conducted by that appraisal
district, or another person on behalf of the district was not conducted in
accordance with standards adopted by the comptroller. 

(c)  Makes conforming changes.

(d)  Redesignated from existing Subsection (c).  Establishes that the
market value of property in the school district is based on the appraisal
roll for the tax year for which the study is conducted, rather than a
determination by the appraisal district.  Requires a person conducting a
study of only a portion of a school district that participates in more than
one appraisal district to make a determination of taxable value only for
that portion of the school district.  Makes conforming changes. 

(e)  Redesignated from existing Subsection (d).  Makes conforming changes.

(f)  Redesignated from existing Subsection (e).  Makes a nonsubstantive
change. 

(g)  Redesignated from existing Subsection (f).  Requires an appraisal
district to provide a copy of the study to the comptroller if the study is
conducted by the appraisal district or another person on behalf of an
appraisal district.  Requires the comptroller to combine the findings if a
school district is the subject of more than one study because it
participates in more than one appraisal district.  Makes conforming and
nonsubstantive changes. 

Deletes existing Subsections (g)-(i), relating to the comptroller
certifying its findings of an audit of a school district to the
commissioner of education. 

SECTION 6.  Amends Sections 403.303(a)-(c), Government Code, to require the
comptroller to notify the appraisal district, as well as the commissioner
of education, of the values specified by the school district or property
owner on receipt of a petition to protest the findings filed by the school
district or property owner if the study was conducted by an appraisal
district or by another person acting on behalf of the appraisal district.
Requires the comptroller, if the school district participates in more than
one appraisal district, to notify each appraisal district in which a school
district participates, in the case of a petition filed by a school
district, or the appraisal district that appraises  the owner's property,
in the case of a petition filed by a property owner.  Makes conforming
changes. 

SECTION 7.  Amends Section 403.304, Government Code, to make conforming
changes. 

SECTION 8.  Effective date: September 1, 1999.  Establishes that this Act
applies only to an annual ratio study of an appraisal district or an annual
school district property value study conducted for a tax year that begins
on or after January 1, 2000. 

SECTION 9.  Emergency clause.