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The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1)Agent--An individual who is designated or permitted to represent a property owner as required by Tax Code, §§1.111, 41A.08 and 9.3044 of this title (relating to Appointment of Agents for Property Taxes). (2)Appraisal district--The entity described by Tax Code, §6.01 and includes each individual to whom the chief appraiser has delegated authority to perform the actions related to arbitration required by Tax Code, Chapter 41A and this subchapter. (3)Appraised value--Has the meaning provided by Tax Code, §1.04(8). (4)Arbitration and binding arbitration--The process by which each party to a dispute concerning the market or appraised value of qualified property presents the party's evidence and argument to an impartial arbitrator, who renders a specific, enforceable award that may not be appealed, except as provided by Civil Practices and Remedies Code, §171.088, for purposes of vacating an award. (5)Arbitrator--An individual who is listed on the Comptroller's Arbitrator Registry. (6)Arbitrator registry and registry--A list, maintained by the comptroller, of individuals qualified to arbitrate disputes between a property owner and an appraisal district concerning the market or appraised value of qualified property. (7)Business day--Any day other than a week-end or a holiday on which the appraisal district office that is a party to the arbitration is closed. (8)Comptroller--The Comptroller of Public Accounts of the State of Texas. (9)Day--When used without a modifier means a calendar day. (10)Hearing--The time during which the arbitrator hears the evidence and argument of the parties to the arbitration. (11)Market value--Has the meaning provided by Tax Code, §1.04(7). (12)Owner--A person having legal title to taxable real property. In this subchapter, a reference to "owner" includes a properly designated agent. (13)Owner's opinion of value--The market or appraised value that the owner believes is correct or accurate for the property that is the subject of the arbitration, as shown on the Request for Binding Arbitration form adopted by the comptroller. (14)Qualified property--Property with an appraised or market value that, under Tax Code, §41A.01, qualifies the property's owner to request binding arbitration to determine the property's appraised or market value. (15)Proceeding--The arbitration process, which begins with an arbitrator's acceptance of an arbitration and ends when arbitrator delivers the determination and award. (16)Request or arbitration request--The property owner's request for binding arbitration, made on a form entitled Request for Binding Arbitration, adopted by the comptroller.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on December 17, 2009
TRD-200905922 Ashley Harden
General
Counsel
Comptroller of Public Accounts
Earliest possible date of adoption: January 31, 2010
For further information, please call: (512) 475-0387
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