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(a)Upon inclusion in the comptroller's registry of
arbitrators, an individual who accepts an arbitration appointment
shall conduct each arbitration proceeding pursuant to the terms of
Tax Code, Chapter 41A, and this subchapter, and §9.804 of this
title, as applicable; and for a fee that is not more than the applicable
amount stated in the fee schedule set out in subsection (d) of this
section.
(b)Each arbitrator included in the comptroller's registry
is required to notify the comptroller online through the comptroller's
online arbitration system when it is generally available, or in writing
of any changes in contact information (including address, phone number,
email address, website), and any material change in the information
provided in his or her application or in his or her qualifications
or eligibility for appointment within ten (10) calendar days of the
change. A material change includes, but is not limited to a change
in county of residence, loss of required licensure, incapacity, ineligibility
or other condition that would prevent the person from lawfully and
professionally performing arbitration duties.
(c)Violations of subsection (a) of this section or
failure of the arbitrator to report a material change under subsection
(b) of this section may result in the immediate removal of the arbitrator
from the current registry upon its discovery and the denial of future
applications for inclusion in the registry. An arbitrator's failure
to report a material change as required by this section shall not
affect the determinations and awards made by the arbitrator during
the period that the arbitrator is listed in the registry.
(d)The arbitrator's fee shall not exceed:
(1)$400 if the property qualifies as the owner's residence
homestead under Tax Code, §11.13, and the appraised or market
value is $500,000 or less as determined by the ARB order;
(2)$450 if the property qualifies as the owner's residence
homestead under Tax Code, §11.13, and appraised or market value
is more than $500,000 as determined by the ARB order;
(3)$450 if the property does not qualify as the owner's
residence homestead under Tax Code, §11.13, and the appraised
or market value is $1 million or less as determined by the ARB order;
(4)$750 if the property does not qualify as the owner's
residence homestead under Tax Code, §11.13, and the appraised
or market value is more than $1 million but not more than $2 million
as determined by the ARB order;
(5)$1,000 if the property does not qualify as the
owner's residence homestead under Tax Code, §11.13, and the appraised
or market value of the property is more than $2 million but not more
than $3 million as determined by the ARB order; and
(6)$1,500 if the property does not qualify as the
owner's residence homestead under Tax Code, §11.13, and the appraised
or market value of the property is more than $3 million but not more
than $5 million as determined by the ARB order.
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
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