|
(a)To be eligible for appointment as an arbitrator
to a particular arbitration proceeding, an individual must satisfy
or comply with the requirements of this section.
(b)To be eligible for initial appointment in an arbitration,
the arbitrator must principally reside in the county in Texas where
the property that is the subject of the arbitration is located. If
no available arbitrator on the registry principally resides in the
county in which the property that is the subject of the arbitration
is located, the comptroller may appoint an otherwise eligible arbitrator
on the registry residing in another county in Texas.
(c)An arbitrator is considered to principally reside
in Texas in that county where the arbitrator owns property on which
a residence homestead exemption has been granted to the arbitrator.
If an arbitrator owns no property for which a residence homestead
exemption has been granted in any state, including Texas, then the
arbitrator's principal residence is that residential property in the
county in which the arbitrator resides more than 50% of his or her
time.
(d)A person is ineligible for and may not accept any
appointment as an arbitrator in a county in which the property that
is the subject of the arbitration is located, if at any time during
the five (5) years preceding the appointment at issue, the person
has engaged in the following activities in that same county's appraisal
district:
(1)represented any person or entity for compensation
in any proceeding under the Property Tax Code;
(2)served as an officer or employee of the appraisal
district; or
(3)served as a member of the appraisal review board
for the appraisal district.
(e)For purposes of subsection (d)(1) of this section:
(1)any proceeding under the Property Tax Code begins
with the filing of a notice of protest and includes: communications
with appraisal district employees regarding a matter under protest;
protest settlement negotiations; any appearance at an ARB hearing;
any involvement in a binding arbitration under Tax Code, Chapter 41A;
and any involvement at either the district court or appellate court
level of an appeal pursued under Tax Code, Chapter 42; and
(2)any person who has served as an officer or employee
of any firm, company, or other legal entity that has represented any
person or entity for compensation in any proceeding as described by
subsection (e)(1) of this section, is ineligible and may not accept
the appointment.
(f)An individual is ineligible for and may not accept
an appointment as an arbitrator in any arbitration matter in which
the individual is related by affinity within the second degree or
by consanguinity within the third degree as determined under Government
Code, Chapter 573, to any of the following people who are deemed to
be a party to the arbitration matter itself:
(1)the property owner;
(2)an officer, employee, or contractor of the appraisal
district responsible for appraising the property at issue;
(3)a member of the board of directors of the appraisal
district responsible for appraising the property at issue; or
(4)a member of the appraisal review board in the area
in which the property at issue is located.
(g)An individual is ineligible for and may not accept
an appointment as an arbitrator in any arbitration matter in which
the individual currently or during the previous five (5) years has
had a business relationship with the owner, the agent, or the appraisal
district involved in that particular arbitration matter.
The agency certifies that legal counsel has reviewed
the adoption and found it
to be a valid exercise of the agency's legal
authority.
Filed with the Office
of the Secretary of State on May 9, 2018
TRD-201802083 Victoria North
Chief Counsel, Fiscal and Agency Affairs Legal Services Division
Comptroller of Public Accounts
Effective date: May 29, 2018
Proposal publication date: November 10, 2017
For further information, please call: (512) 475-0387
|
