Surprise In HB 1030 May Force Commissioners Court To Appoint Appraisal Review Board

By: Bob Dunn on Fri, May 29, 2009

News

Updated: Fort Bend County Commissioners Court members could find themselves bearing the uncomfortable responsibility for appointing members of the county’s Appraisal Review Board – a task they are loathe to accept.

But a provision tacked onto Texas House Bill 1030 at the request of state Rep. Charlie Howard (R-Sugar Land) would give that job to County Judge Bob Hebert and the four commissioners. The provision also would apply to Harris County.

Precinct 1 Commissioner Richard Morrison said Howard is undertaking “classic passing-the-buck, adding “Charlie doesn’t want any responsibility for controlling property taxes. They’re trying to put all the heat on local government.”

“I’m sorry if that makes them uncomfortable,” Howard said. “But hey – we’re not asking them to appoint people who will be on one side or the other. We’re just asking them to appoint people who would be fair. That’s all the citizens want. Right now they feel the Appraisal Review Board is not independent.”

The Appraisal Review Board, whose members now are appointed by the Fort Bend Central Appraisal District Board, hears protests from residents who feel their property appraisals are unfair. Those appraisals are used in calculating residents’ property taxes.

HB 1030 itself would provide citizens more flexibility in scheduling a hearing before an ARB.

But an amendment, added to the bill by state Sen. Joan Huffman, would change the state tax code to say that members of an ARB are appointed by each appraisal district’s board, “except that the members of the board of an appraisal district established in a county with a population of 3.3 million or more or a county with a population of 350,000 or more that is adjacent to a county with a population of 3.3 million or more are appointed by the county commissioners court…”

That provision only would apply to Harris and Fort Bend counties.

“If that bill passes, I’m going to appoint Charlie as my first appointment to the board,” Morrison said, calling the amendment “nothing more than a political game, and I can play as well as he can.”

“That would be fine with me,” Howard said. “We need some independence there.”

But later in a Friday interview, Howard said he believes he would be unable to serve on the board under state law. Hebert said he thinks Howard and other members of the Legislature are exempted under provisions of law.

Otherwise, Hebert added, “I think it’s a good message to be sent to Charlie.”

Hebert said he believes the Appraisal Review Board should not be appointed by the CAD board, since the CAD board is appointed by the county’s taxing entities. The county has one CAD board appointment vote, while area school districts have two, and a “portion” of a third.

However, Hebert also said Commissioners Court shouldn’t be appointing ARB members because the court and the county government it represents has a stake in using the money that flows from property taxes in order to operate county government.

“It is very awkward for Commissioners Court, because you’re damned if you do, and damned if you don’t,” Hebert said.

The county judge said there are “other elected officials” who are removed from that revenue stream, and thus would be more independent and appropriate to serve as appointers of the Appraisal Review Board.

Howard said legislators originally considered a provision that would put the ARB appointments under authority of district administrative judges, but a group of state senators objected to that.

Morrison said he believes “taxpayers are really suffering” now, as the result of a state mandate that appraisal districts appraise all property at at least 95% of true market value, to even school funding throughout the state. Hebert noted that the Texas comptroller audits each CAD, and can levy penalties if the 95% mark is not achieved.

“It’s causing a lot of people to suffer…and that’s all because of Austin putting it on the local boys,” Morrison said.

Hebert said there is “a better than even chance” that HB 1030 will be passed in its present form, although he also said that the county’s lobbyists are “aggressively” seeking to have Huffman’s amendment changed.

“If it’s the law, we’ll do it,” Hebert said of the review board appointments. “I certainly think the appointments should be taken away from the CAD.” But the appointments shouldn’t be made “by the people who live off the revenue, either.”

But Howard defended the bill amendment. “One thing about the Commissioners Court is, you have two Republicans and two Democrats,” he said. “And they’re all accountable to their voters, right?”

14 Responses to “Surprise In HB 1030 May Force Commissioners Court To Appoint Appraisal Review Board”

  1. FtBendConservative Says:

    Sugarlandwatch you maybe right by being outnumbered at this particular website, but not in Ft Bend Cty.

  2. Sugarland watch Says:

    FtBendConservative you are out number here.Howard has done nothing to reduce our taxes.But RAISE them.
    He raise the cigarette taxes,and he was for the school bond issue,and that is going to the TAj Mahal PROJECT!!!!
    Last,raise the busniess taxes on small business.

  3. FtBendConservative Says:

    KBR/TRCC? Joe what thread are you discussing?

    I believe this is about Rep Howard turning up the heat on Ft Bend Cty Commissioners who set the tax rates like Comm Prestage, who then makes the statement “we don’t set the appraisals”.
    Now the commissioners get to appoint the Appraisal Review Board members and some are looking for cover.
    Its called accountability. I’m all for holding our commissioners accountable.

  4. Joe Murphy Says:

    Who determines what is “conservative” for the voting record? Is setting up and supporting an expensive government agency (the TRCC) whose sole purpose is to defraud homebuyers out of basic consumer rights, “conservative?” How about supporting “mandatory binding arbitration” that allows KBR to ship decent Houston women to Iraq to be drugged, raped, and imprisoned for KBR male employees. All of this done with impunity and no possibility for these women having their day in court, because they had to sign a mandatory binding arbitration agreement that says that they will never take their employer to court for any reason, that instead they will only use “arbitration” – where KBR hires the arbitrator who decides in favor of KBR over 92% of the time. This growing “privatization” of our judicial system is now used for everything from buying tires, becoming employed, and credit cards. Yes, this “conservative privatization of our court system is good for business, but it is a wholesale selling off of anything resembling representative democracy and justice.

    In addition, “real conservative values” it is NOT! Don’t call me a conservative until conservative means conservative again. I know very well Charlie Howard’s “conservative” (sic) voting record.

  5. FtBendConservative Says:

    only one Rep had a higher % Conservative Voting Record than Charlie’s 93.8%. What solution do you offer maybe Rep Hopson the highest dem at 64.2%?
    Meanwhile Rep Howard holds the county commissioners accountable for tax increases and that angers some?
    Maybe Commissioner Morrison is right how would you like another gas tax increase as he proposed?

  6. Joe Murphy Says:

    If “conservative” actually meant a fiscal, political, and social, “conservative,” then I would be one. As it is, conservative today means ignorant and proud of it. Charlie Howard is a great damaging influence to his constituents. His voting record is not conservative; it is shortsighted and economically devastating to his district.

  7. FtBendConservative Says:

    as Charlie’s district consists mostly of conservatives and Charlie has one of the highest conservative voting records in Austin that must rankle some.

  8. Sugarland watch Says:

    Joe Murphy you are right about Nearly everyone seems to know that Charlie Howard does not represent the people of his district any more.
    But he still in office and that a BIG SHAME.

  9. FtBendConservative Says:

    Not only did Charlie win he won easily.

  10. Joe Murphy Says:

    Charlie Howard did not “win” the last election in any real and positive show of support. EVERY democrat voted in the primary between Hillary and Obama, and even with that advantage for Howard, Paula Stansell came out of nowhere and received a very solid showing among Republicans. Nearly everyone seems to know that Charlie Howard does not represent the people of his district any more.

  11. Sugarland watch Says:

    I really like to see Hebert and Charlie set on the ARB and see where they stand,while I protest my property taxes.
    If they are for me to have a break in my taxes.Then I will vote far them.
    If not shame on both of them .No vote from me!!!!

  12. Joe Murphy Says:

    However, Hebert also said Commissioners Court shouldn’t be appointing ARB members because the court and the county government it represents has a stake in using the money that flows from property taxes in order to operate county government.

    Does this mean that we would officially be a Feudal State?

  13. ktunstall Says:

    Charlie, as usual, is playing both sides of the fence and talking out both sides of his mouth.

    He is on record as not supporting CAD rate caps. He promoted the last budget busting school bond, then spoke out against the tax increase. He also champions the idea of taxation without representation.

    How noble (not) and typical of our local politicians.

    There is one thing for sure. Charlie is at least consistent with being duplicitous.

  14. FtBendConservative Says:

    Charlie turns up the heat and Morrison squeals.
    Morrison’s first suggestion after being elected was to increase the gas tax, and now he doesn’t want to be held accountable for his tax votes. Way to go Charlie how funny.