H.B. No. 402

AN ACT relating to a prohibition on ex parte communications between a
member of the board of directors and the chief appraiser of an
appraisal district; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 6, Tax Code, is amended by
adding Section 6.15 to read as follows:
Sec. 6.15. EX PARTE COMMUNICATIONS; PENALTY. (a) A member
of the board of directors of an appraisal district commits an
offense if the member directly or indirectly communicates with the
chief appraiser on any matter relating to the appraisal of property
by the appraisal district, except in:
(1) an open meeting of the appraisal district board of
directors or another public forum; or
(2) a closed meeting of the board of directors held to
consult with the board’s attorney about pending litigation, at
which the chief appraiser’s presence is necessary for full
communication between the board and the board’s attorney.
(b) A chief appraiser commits an offense if the chief
appraiser directly or indirectly communicates with a member of the
board of directors of the appraisal district on any matter relating
to the appraisal of property by the appraisal district, except in:
(1) an open meeting of the board of directors or
another public forum; or
(2) a closed meeting of the board of directors held to
consult with the board’s attorney about pending litigation, at
which the chief appraiser’s presence is necessary for full
communication between the board and the board’s attorney.
(c) Subsections (a) and (b) do not apply to a routine
communication between the chief appraiser and the county
assessor-collector that relates to the administration of an
appraisal roll, including a communication made in connection with
the certification, correction, or collection of an account,
regardless of whether the county assessor-collector was appointed
to the board of directors of the appraisal district or serves as a
nonvoting director.
(d) An offense under this section is a Class C misdemeanor.
SECTION 2. This Act takes effect September 1, 2007.

______________________________ ______________________________
President of the Senate Speaker of the House

I certify that H.B. No. 402 was passed by the House on March
28, 2007, by the following vote: Yeas 145, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 402 on May 10, 2007, by the following vote: Yeas 134, Nays 0, 2
present, not voting.

______________________________
Chief Clerk of the House

I certify that H.B. No. 402 was passed by the Senate, with
amendments, on May 8, 2007, by the following vote: Yeas 31, Nays 0.

______________________________
Secretary of the Senate
APPROVED: __________________
Date

__________________
Governor