73R7719 JD-F
          By Stiles, Earley, et al.                             H.B. No. 1920
          Substitute the following for H.B. No. 1920:
          By Craddick                                       C.S.H.B. No. 1920
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to an exemption of certain pollution control property from
    1-3  property taxation and adjustment of the property tax rollback rate.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 11, Tax Code, is amended by adding
    1-6  Section 11.31 to read as follows:
    1-7        Sec. 11.31.  POLLUTION CONTROL PROPERTY.  (a)  A person is
    1-8  entitled to an exemption from taxation of all or part of real and
    1-9  personal property that the person owns and that is used wholly or
   1-10  partly as a facility, device, or method for the control of air,
   1-11  water, or land pollution.  The exemption shall be proportionate to
   1-12  the percentage of property determined to be pollution control
   1-13  property under Subsections (c) and (d).
   1-14        (b)  In this section, "facility, device, or method for the
   1-15  control of air, water, or land pollution" means land that is
   1-16  acquired after January 1, 1994, or any structure, building,
   1-17  installation, excavation, machinery, equipment, or device, and any
   1-18  attachment or addition to or reconstruction, replacement, or
   1-19  improvement of that property, that is used, constructed, acquired,
   1-20  or installed wholly or partly to meet or exceed rules or
   1-21  regulations adopted by any environmental protection agency of the
   1-22  United States, this state, or a political subdivision of this state
   1-23  for the prevention, monitoring, control, or reduction of air,
   1-24  water, or land pollution.
    2-1        (c)  In applying for an exemption under this section, a
    2-2  person seeking the exemption shall present in a permit application
    2-3  or permit exemption request to the executive director of the Texas
    2-4  Natural Resource Conservation Commission information detailing:
    2-5              (1)  the anticipated environmental benefits from the
    2-6  installation of the facility, device, or method for the control of
    2-7  air, water, or land pollution;
    2-8              (2)  the estimated cost of the pollution control
    2-9  facility, device, or method; and
   2-10              (3)  the purpose of the installation of such facility,
   2-11  device, or method, and the proportion of the installation that is
   2-12  pollution control property.
   2-13        (d)  Following submission of the information required by
   2-14  Subsection (c), the executive director of the Texas Natural
   2-15  Resource Conservation Commission shall determine if the facility,
   2-16  device, or method is used wholly or partly as a facility, device,
   2-17  or method for the control of air, water, or land pollution.  If the
   2-18  executive director determines that the facility, device, or method
   2-19  is used wholly or partly to control pollution, the director shall
   2-20  issue a letter to the person stating that determination and the
   2-21  proportion of the installation that is pollution control property.
   2-22        (e)  The Texas Natural Resource Conservation Commission may
   2-23  charge a person seeking a determination that property is pollution
   2-24  control property an additional fee not to exceed its administrative
   2-25  costs for processing the information, making the determination, and
   2-26  issuing the letter required by this section.  The commission may
   2-27  adopt rules to implement this section.
    3-1        (f)  A person seeking an exemption under this section shall
    3-2  provide to the chief appraiser a copy of the letter issued by the
    3-3  executive director of the Texas Natural Resource Conservation
    3-4  Commission under Subsection (d).  The chief appraiser shall accept
    3-5  the copy of the letter from the executive director as conclusive
    3-6  evidence that the facility, device, or method is used wholly or
    3-7  partly as pollution control property.
    3-8        SECTION 2.  Section 11.43(c), Tax Code, is amended to read as
    3-9  follows:
   3-10        (c)  An exemption provided by Section 11.13, 11.17, 11.18,
   3-11  11.19, 11.20, 11.21, 11.22, 11.29, <or> 11.30, or 11.31 of this
   3-12  code, once allowed, need not be claimed in subsequent years, and
   3-13  except as otherwise provided by Subsection (e) of this section, the
   3-14  exemption applies to the property until it changes ownership or the
   3-15  person's qualification for the exemption changes.  However, the
   3-16  chief appraiser may require a person allowed one of the exemptions
   3-17  in a prior year to file a new application to confirm his current
   3-18  qualification for the exemption by delivering a written notice that
   3-19  a new application is required, accompanied by an appropriate
   3-20  application form, to the person previously allowed the exemption.
   3-21        SECTION 3.  Chapter 26, Tax Code, is amended by adding
   3-22  Section 26.045 to read as follows:
   3-23        Sec. 26.045.  ROLLBACK RELIEF FOR POLLUTION CONTROL
   3-24  REQUIREMENTS.  (a)  The rollback tax rate for a political
   3-25  subdivision of this state is increased by the rate that, if applied
   3-26  to the total current value, would impose an amount of taxes equal
   3-27  to the amount the political subdivision will spend out of its
    4-1  maintenance and operation funds under Section 26.012(16), Tax Code,
    4-2  to pay for a facility, device, or method for the control of air,
    4-3  water, or land pollution that is necessary to meet the requirements
    4-4  of a permit issued by the Texas Natural Resource Conservation
    4-5  Commission.
    4-6        (b)  In this section, "facility, device, or method for
    4-7  control of air, water, or land pollution" means any land,
    4-8  structure, building, installation, excavation, machinery,
    4-9  equipment, or device, and any attachment or addition to or
   4-10  reconstruction, replacement, or improvement of that property, that
   4-11  is used, constructed, acquired, or installed wholly or partly to
   4-12  meet or exceed rules or regulations adopted by any environmental
   4-13  protection agency of the United States or this state for the
   4-14  prevention, monitoring, control, or reduction of air, water, or
   4-15  land pollution.
   4-16        (c)  To receive an adjustment to the rollback tax rate under
   4-17  this section, a political subdivision shall present information to
   4-18  the executive director of the Texas Natural Resource Conservation
   4-19  Commission in a permit application or in a request for any
   4-20  exemption from a permit that would otherwise be required detailing:
   4-21              (1)  the anticipated environmental benefits from the
   4-22  installation of the facility, device, or method for the control of
   4-23  air, water, or land pollution;
   4-24              (2)  the estimated cost of the pollution control
   4-25  facility, device, or method; and
   4-26              (3)  the purpose of the installation of the facility,
   4-27  device, or method, and the proportion of the installation that is
    5-1  pollution control property.
    5-2        (d)  Following submission of the information required by
    5-3  Subsection (c), the executive director of the Texas Natural
    5-4  Resource Conservation Commission shall determine if the facility,
    5-5  device, or method is used wholly or partly as a facility, device,
    5-6  or method for the control of air, water, or land pollution.  If the
    5-7  executive director determines that the facility, device, or method
    5-8  is used wholly or partly to control pollution, the director shall
    5-9  issue a letter to the political subdivision stating that
   5-10  determination and the portion of the cost of the installation that
   5-11  is pollution control property.
   5-12        (e)  The Texas Natural Resource Conservation Commission may
   5-13  charge a political subdivision seeking a determination that
   5-14  property is pollution control property an additional fee not to
   5-15  exceed its administrative costs for processing the information,
   5-16  making the determination, and issuing the letter required by this
   5-17  section.  The commission may adopt rules to implement this section.
   5-18        (f)  A political subdivision of the state seeking a reduction
   5-19  in its rollback tax rate under this section shall provide to its
   5-20  tax assessor a copy of the letter issued by the executive director
   5-21  of the Texas Natural Resource Conservation Commission under
   5-22  Subsection (d).  The tax assessor shall accept the copy of the
   5-23  letter from the executive director as conclusive evidence that the
   5-24  facility, device, or method is used wholly or partly as pollution
   5-25  control property and shall adjust the rollback tax rate for the
   5-26  political subdivision as provided for by Subsection (a).
   5-27        SECTION 4.  (a)  Sections 1 and 2 of this Act take effect
    6-1  January 1, 1994, but only if the constitutional amendment proposed
    6-2  by the 73rd Legislature, Regular Session, 1993, authorizing the
    6-3  exemption from ad valorem taxation of real and personal property
    6-4  used for the control of air, water, or land pollution is approved
    6-5  by the voters.  If that amendment is not approved by the voters,
    6-6  Sections 1 and 2 of this Act have no effect.
    6-7        (b)  Sections 1 and 2 of this Act apply only to pollution
    6-8  control property that is constructed, acquired, or installed after
    6-9  January 1, 1994.
   6-10        SECTION 5.  The importance of this legislation and the
   6-11  crowded condition of the calendars in both houses create an
   6-12  emergency and an imperative public necessity that the
   6-13  constitutional rule requiring bills to be read on three several
   6-14  days in each house be suspended, and this rule is hereby suspended.