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Relating to the grounds for imposing certain sanctions on certain
persons for engaging in certain conduct in connection with the
appointment of members of or the functions of appraisal review
boards.
No fiscal implication to the State is anticipated.
HB 2179 would significantly lower the standard of evidence required for removing appraisal review board members for repeated bias and misconduct. The bill would strike the words "clear and convincing" from the requirement that evidence of repeated bias or misconduct be present in order to remove a board member. The bill would additionally allow property owners or their agents in certain counties to communicate with administrative district judges regarding information that could result in the removal of an appraisal board member.
Texas Action opposes HB 2179 for too significantly diminishing due process rights of appraisal review board members. Should the legislature find it necessary to reduce the evidentiary burden below the current "clear and convincing" threshold, members may wish to consider amending the bill to require a "preponderance of evidence" standard. This is a fairly low evidentiary burden which still maintains some due process protection. Allowing a board member to be removed based merely on "evidence" is not a high enough standard in our view.
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