This section tells the arbitrator to schedule and conduct the hearing, allows the parties to represent themselves or use listed representatives, and requires written authorization for an agent designation and any assignment of a refund right.
Sec. 41A.08. NOTICE AND HEARING; REPRESENTATION OF PARTIES. (a) On acceptance of an appointment to conduct an arbitration under this chapter, the arbitrator shall set the date, time, and place of a hearing on the arbitration. The arbitrator shall give notice of and conduct the hearing in the manner provided by Subchapter C, Chapter 171, Civil Practice and Remedies Code. The arbitrator: (1) shall continue a hearing if both parties agree to the continuance; and (2) may continue a hearing for reasonable cause. (b) The parties to an arbitration proceeding under this chapter may represent themselves or, at their own cost, may be represented by: (1) an employee of the appraisal district; (2) an attorney who is licensed in this state; (3) a person who is licensed as a real estate broker or salesperson under Chapter 1101, Occupations Code, or is licensed or certified as a real estate appraiser under Chapter 1103, Occupations Code; (4) a property tax consultant registered under Chapter 1152, Occupations Code; or (5) an individual who is licensed as a certified public accountant under Chapter 901, Occupations Code. (c) The designation of an agent by a property owner under this section must be made by written authorization on a form prescribed by the comptroller and signed by the property owner or an authorized individual other than an agent designated under Section 1.111. The designation must authorize the agent to represent the owner in an arbitration proceeding under this chapter. The designation takes effect when the property owner or authorized individual signs the form. (d) A property owner's agent shall retain the form described by Subsection (c) and shall produce the form immediately upon request from: (1) the property owner or authorized individual described by Subsection (c); (2) the appraisal district that is party to the arbitration under this chapter; (3) the appraisal review board that is party to the arbitration under this chapter; (4) the arbitrator assigned to the arbitration under this chapter; or (5) the comptroller. (e) Notwithstanding any other law, a property owner may assign to an agent or entity the property owner's right to receive a refund of an arbitration deposit. An assignment under this subsection must be made in writing on a form prescribed by the comptroller. Added by Acts 2005, 79th Leg., Ch. 372 (S.B. 1351), Sec. 1, eff. September 1, 2005. Added by Acts 2005, 79th Leg., Ch. 912 (H.B. 182), Sec. 1, eff. September 1, 2005. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1211 (S.B. 771), Sec. 10, eff. January 1, 2010. Acts 2023, 88th Leg., R.S., Ch. 266 (S.B. 2355), Sec. 4, eff. January 1, 2024.