73R5351 CBH-F
By Kamel H.B. No. 85
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the taxation of property used for the improvement of
1-3 realty for a county.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 151.311, Tax Code, is amended to read as
1-6 follows:
1-7 Sec. 151.311. PROPERTY USED FOR IMPROVEMENT OF REALTY OF A
1-8 COUNTY, SCHOOL DISTRICT, OR NONPROFIT HOSPITAL. (a) Tangible
1-9 personal property purchased by a contractor for use in the
1-10 performance of a contract for the improvement of realty for a
1-11 school district or nonprofit hospital is exempted from the taxes
1-12 imposed by this chapter to the extent of the value of the tangible
1-13 personal property used or consumed or both in the performance of
1-14 the contract.
1-15 (b) Tangible personal property is exempted from the taxes
1-16 imposed by this chapter if the property is:
1-17 (1) purchased by a contractor for use in the
1-18 performance of a contract for the improvement of realty for a
1-19 county; and
1-20 (2) incorporated into that improvement.
1-21 (c) In this section "nonprofit hospital" means a hospital
1-22 licensed under Chapter 241 or 577, Health and Safety Code, that is
1-23 operated as a charitable or nonprofit establishment.
1-24 SECTION 2. (a) This Act takes effect October 1, 1993, and,
2-1 except as provided by Section 3 of this Act, applies to tangible
2-2 personal property purchased on or after that date.
2-3 (b) The change in law made by this Act does not affect tax
2-4 liability accruing before the effective date of this Act. That
2-5 liability continues in effect as if this Act had not been enacted,
2-6 and the former law is continued in effect for the collection of
2-7 taxes due and for civil and criminal enforcement of the liability
2-8 for those taxes.
2-9 SECTION 3. The exemption provided by Section 151.311, Tax
2-10 Code, as amended by this Act, for a contractor who purchases
2-11 property for the improvement of realty for a county does not apply
2-12 to the purchase of tangible personal property under a contract
2-13 executed before the effective date of this Act and under which the
2-14 county is not entitled to a refund of an amount of the contract
2-15 price equal to the amount of the tax savings that would accrue to
2-16 the contractor from the exemption provided by this Act if the
2-17 exemption were effective for purchases made after the effective
2-18 date of this Act. This section does not prevent the application of
2-19 the exemption provided by Section 151.311, Tax Code, as amended by
2-20 this Act, to a contractor who refunds all or a part of the tax
2-21 savings under a contract amendment executed by the county and the
2-22 contractor after the effective date of this Act.
2-23 SECTION 4. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended.