Texas Legislators Call For Abbott To Veto Allowing Public School Employees On Tax Appeal Boards

After an initially smooth run through the Texas Senate and a rockier road in the state House, the bill to allow public school teachers to appeal their own district’s tax appraisals is on its way to the governor’s desk.

A group of 41 House members led by Rep. Mike Olcott is imploring Texas Gov. Greg Abbott to veto the legislation, SB 974, which would end the Lone Star State’s longstanding ban on government employees serving on what are known as county Appraisal Review Boards (ARBs).

The bill appeared to have been successfully sidetracked in the House on May 28, as a key deadline loomed. Activists pointed out numerous potential flaws with the bill, including the conflicts of interest it may represent as well as district, state and union pressures teachers may find themselves under. The House voted down the bill 67-79, until Rep. Jeff Leach, a Plano Republican friendly to Speaker Dustin Burrows, issued a notice to reconsider.

Later that evening it passed 93-47 following a motion to reconsider by East Texas Republican Rep. Cody Harris — an increase of 26 votes.

ARB hearings have become more in-demand as Texas continues to grow in population. Appraisal caps have had an effect of spreading out tax hikes over multiple years rather than in one sharp hike.

SB 974, introduced in late January by Democratic Sen. Sarah Eckhardt but also supported by Republican tax reformer Paul Bettencourt would allow school teachers to lend their expertise and make a little extra summer money by serving on ARBs, according to committee discussion. Small counties have a difficult time finding qualified and able ARB members, it was noted numerous times.

A nearly identical bill was vetoed by Republican Gov. Greg Abbott in 2023. Abbott had preferred the matter be taken up in a special session never materialized.

Supporters argued that teachers, who often know their communities well, can provide valuable insights into local property values and the impact of taxation on families. Teachers are also relatively underpaid, and the extra money from serving (the amount varies from county-to-county) could help, especially during the summer months when ARBs typically meet.

Critics pointed out the potential conflicts of interest, but also the pressure teachers may find themselves under should they side with too many cost-conscious property owners.

From the hip

There was a difference between the House and Senate versions which underscores a potential pitfall of SB 974. The House substitute (agreed to by the Senate) added to the bill the following language:

“A member of the board of trustees of an independent school district or an employee of the district commits an offense if the member or employee communicates with a member of the appraisal review board who is employed by the school district as a teacher with the intent to influence a decision by the member in the member’s capacity as a member of the appraisal review board.”

This amendment addresses (and legitimizes) concerns regarding the pressures teacher-ARB members may endure from the local school district. However it does not address potential pressures from the state education bureaucracy or from any of the educator unions. It also does not tie the hands of contractors and attorneys who work for districts in non-employee capacities.

Independent School Districts in Texas are among the top taxes on an annual property tax statement — sometimes by far. The bill, as being sent to the governor, does not give taxpayers an option to reschedule or request a government employee be replaced for their ARB hearing should they feel the deck is stacked against them.

Based on the House amendment and any lack of taxpayer remedy, there is plenty of leeway for the Governor to send this bill back or fine-tuning over the two-year interim period. The last veto didn’t hurt anything, nor will a second.

Readers may submit their opinion directly to Gov. Abbott’s office here.

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