Texas Tax Code 42.227 – Pretrial Settlement Discussions
(a) A property owner or appraisal district that is a party to an appeal under this chapter may request that the parties engage in settlement discussions, including through an informal settlement conference or a form of alternative dispute resolution. The request must be in writing and delivered to the other party before the date of trial. The court on motion of either party shall enter orders necessary to implement this section, including an order:
(1) specifying the form that the settlement discussions must take; or
(2) changing a deadline to designate experts prescribed by Subsection (c).
(b) On or before the 120th day after the date the written request is delivered under Subsection (a), each party or the party’s attorney of record shall attend the settlement discussions and make a good faith effort to resolve the matter under appeal.
Terms Used In Texas Tax Code 42.227
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appraisal: A determination of property value.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Property: means real and personal property. See Texas Government Code 311.005
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) If the appraisal district is unable for any reason to attend the settlement discussions on or before the 120th day after the date the written request is delivered under Subsection (a), the deadline to designate experts for the appeal is, notwithstanding a deadline prescribed by the Texas Rules of Civil Procedure:
(1) with regard to all experts testifying for a party seeking affirmative relief, 60 days before the date of trial; and
(2) with regard to all other experts, 30 days before the date of trial.
(d) If a property owner is unable for any reason to attend the settlement discussions on or before the 120th day after the date the written request is delivered under Subsection (a), § 42.23(d) does not apply to the parties to the appeal.
(e) An appraisal district may not request or require a property owner to waive a right under this title as a condition of attending a settlement discussion.