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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 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 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 proposal and found it to be within the state agency's
legal authority
to adopt.
Filed with the Office
of the Secretary of State on October 24, 2017
TRD-201704291 Lita Gonzalez
General Counsel
Comptroller of Public Accounts
Earliest possible date of adoption: December 10, 2017
For further information, please call: (512) 475-0387
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