By:  Montford                                          S.B. No. 878
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the value of certain types of property for purposes of
    1-2  property taxation and to the prepayment of property taxes by
    1-3  certain taxpayers.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subsection (a), Section 23.12, Property Tax Code,
    1-6  is amended to read as follows:
    1-7        (a)  Except as provided by Section 23.12A of this Code, the
    1-8  <The> market value of an inventory is the price for which it would
    1-9  sell as a unit to a purchaser who would continue the business.  An
   1-10  inventory shall include residential real property which has never
   1-11  been occupied as a residence and is held for sale in the ordinary
   1-12  course of a trade or business, provided that the residential real
   1-13  property remains unoccupied, is not leased or rented, and produces
   1-14  no income.
   1-15        SECTION 2.  The Property Tax Code is amended by adding
   1-16  Section 23.12A. to read as follows:
   1-17        Sec. 23.12A.  SPECIAL INVENTORY; VALUE.  (a)  In this
   1-18  section:
   1-19              (1)  "Applicable inventory" means an inventory that is
   1-20  held for resale and that consists of individual units of personal
   1-21  property, each unit of which must, as a matter of law, be titled in
   1-22  the name of the retail purchaser and be registered with the Texas
   1-23  Department of Transportation through the office of the county tax
    2-1  assessor-collector.
    2-2              (2)  "Dealer" means a person who holds a dealer's
    2-3  general distinguishing number issued by the Texas Department of
    2-4  Transportation under the authority of Article 6686, Revised
    2-5  Statutes.
    2-6              (3)  "Excluded inventory" means that part of an
    2-7  applicable inventory that is included in:
    2-8                    (A)  a transaction consisting of five or more
    2-9  units sold to a single business entity; or
   2-10                    (B)  a transaction between dealers.
   2-11              (4)  "Owner" means the person responsible for the
   2-12  payment of property taxes levied against a special inventory.
   2-13              (5)  "Sales price" means the total amount of money paid
   2-14  or to be paid for the purchase of a motor vehicle as set forth as
   2-15  "Taxable Value" in the form entitled "Tax Collector's Receipt for
   2-16  Texas Title Application/Registration/Motor Vehicle Tax" promulgated
   2-17  by the Texas Department of Transportation.
   2-18              (6)  "Special inventory" means that part of an
   2-19  applicable inventory that remains after subtracting units included
   2-20  in excluded inventory.
   2-21              (7)  "Total annual sales" means the total of the sales
   2-22  price from every sale of units from a special inventory for a 12
   2-23  month period, or for that portion of a 12 month period for which
   2-24  the owner of a special inventory is responsible for the payment of
   2-25  property taxes levied against the special inventory.
    3-1        (b)  Except as provided by Subsection (c) of this section,
    3-2  for the purpose of the computation of property tax, the market
    3-3  value of a special inventory is the total annual sales from the
    3-4  special inventory for the 12 month period corresponding to the
    3-5  prior tax year, divided by 12.
    3-6        (c)  For the purpose of the computation of property tax, the
    3-7  market value of a special inventory with respect to which sales
    3-8  were not made for the entire 12 month period corresponding to the
    3-9  prior tax year, the chief appraiser may estimate the market value
   3-10  of the special inventory.  In making the estimate allowed by this
   3-11  subsection the chief appraiser shall extrapolate using sales data,
   3-12  if any, generated from the special inventory in the prior tax year.
   3-13        SECTION 3.  The Property Tax Code is amended by adding
   3-14  Section 23.12B. to read as follows:
   3-15        Sec. 23.12B.  PREPAYMENT OF TAXES BY CERTAIN TAXPAYERS.
   3-16  (a)  In this section:
   3-17              (1)  "Cost of goods sold" means 90 percent of total
   3-18  annual sales.
   3-19              (2)  "Collector" means the county tax
   3-20  assessor-collector in the county in which is located a special
   3-21  inventory.
   3-22              (3)  "Owner" has the meaning given it in Section 23.12A
   3-23  of this Code.
   3-24              (4)  "Relevant taxing unit" means a taxing unit,
   3-25  including the county, authorized by law to levy property taxes
    4-1  against a special inventory.
    4-2              (5)  "Sales price" has the meaning given it in Section
    4-3  23.12A of this Code.
    4-4              (6)  "Special inventory" has the meaning given it in
    4-5  Section 23.12A of this Code.
    4-6              (7)  "Total annual sales" has the meaning given it in
    4-7  Section 23.12A of this Code.
    4-8        (b)  The owner of a special inventory shall deposit money in
    4-9  an escrow account maintained by the collector to provide for the
   4-10  prepayment of property taxes levied against the owner's special
   4-11  inventory.  An escrow account required by this section is used to
   4-12  pay property taxes levied against the special inventory and the
   4-13  owner shall fund the escrow account as provided by Subsection (c)
   4-14  of this section.
   4-15        (c)  An owner shall assign a unit property tax value to each
   4-16  unit sold from a special inventory.  The unit property tax value of
   4-17  each unit is determined by multiplying the sales price of the unit
   4-18  by a factor determined by dividing the total of all property taxes
   4-19  paid by the owner on the special inventory for the prior tax year
   4-20  by the cost of goods sold from the special inventory in the prior
   4-21  year.  On or before the 10th day of each month the owner shall
   4-22  deposit with the collector a sum equal to the total of unit
   4-23  property tax value assigned to all units sold from the special
   4-24  inventory in the prior month.  The money shall be deposited by the
   4-25  collector in, or otherwise credited by the collector to, the
    5-1  owner's escrow account for prepayment of property taxes as provided
    5-2  by this Section.
    5-3        (d)  The collector shall maintain the escrow account for each
    5-4  owner in the county depository.  The collector is not required to
    5-5  maintain a separate account in the depository for each escrow
    5-6  account created as provided by this section, but shall maintain
    5-7  separate records for each owner.  The collector shall retain any
    5-8  interest generated by the escrow account to defray the cost of
    5-9  administration of the prepayment procedure established by this
   5-10  section.  Interest generated by an escrow account created as
   5-11  provided by this section is the sole property of the collector, and
   5-12  that interest may be used by no entity other than the collector.
   5-13        (e)  The owner may not withdraw the money in the escrow
   5-14  account.
   5-15        (f)  The Texas Department of Transportation shall include as
   5-16  a part of the form entitled "Tax Collector's Receipt for Texas
   5-17  Title Application/Registration/Motor Vehicle Tax" a method by which
   5-18  the owner of a unit sold from an applicable inventory may disclose
   5-19  the unit property tax value, if any, assigned to the unit.  An
   5-20  owner shall disclose on the face of that form the unit property tax
   5-21  value, if any, assigned to the unit.  If no unit property tax value
   5-22  is assigned to a unit, the owner shall designate the reason that
   5-23  the applicable unit was not sold from special inventory.  An owner
   5-24  shall retain documentation relating to the exclusion of a unit from
   5-25  special inventory and shall make that documentation available to
    6-1  the chief appraiser upon request.
    6-2        (g)  A relevant taxing unit shall, on its tax bill prepared
    6-3  for the owner of a special inventory, separately itemize the taxes
    6-4  levied against the special inventory.  When the tax bill is
    6-5  prepared by a relevant taxing unit for a special inventory, the
    6-6  assessor for the taxing unit, or an entity, if any, other than the
    6-7  collector, that collects taxes on behalf of the taxing unit, shall
    6-8  provide the collector a true and correct copy of the tax bill sent
    6-9  to the owner, including taxes levied against the owner's special
   6-10  inventory.  The collector shall apply the money in the owner's
   6-11  escrow account to the taxes imposed and deliver a tax receipt to
   6-12  the owner.  The collector shall apply the amount to each relevant
   6-13  taxing unit in proportion to the amount of taxes levied, and the
   6-14  assessor of each relevant taxing unit shall apply the funds
   6-15  received from the collector to the taxes owed by the owner.
   6-16        (h)  If the amount in the escrow account is not sufficient to
   6-17  pay the taxes in full, the collector shall apply the money to the
   6-18  taxes and deliver to the owner a tax receipt for the partial
   6-19  payment and a tax bill for the unpaid amount together with a
   6-20  statement that the owner must remit to the collector the balance of
   6-21  the total tax due.
   6-22        (i)  The collector shall remit to each relevant taxing unit
   6-23  the total amount collected by the collector in deficiency payments
   6-24  from owners.  The assessor of each relevant taxing unit shall apply
   6-25  those funds to the taxes owed by the owner.  Taxes that are due,
    7-1  but not received by the collector and remitted by the collector to
    7-2  each relevant taxing unit on or before January 31 are delinquent.
    7-3        (j)  The collector shall annually distribute among the
    7-4  relevant taxing units in proportion to the taxes levied by each
    7-5  against the special inventory, funds, if any, that remain in the
    7-6  escrow account after the payment of all property taxes due.
    7-7        SECTION 4.  The amendments to the Tax Code provided by this
    7-8  bill apply to the tax year beginning January 1, 1994.
    7-9        SECTION 5.  The importance of this legislation and the
   7-10  crowded condition of the calendars in both houses create an
   7-11  emergency and an imperative public necessity that the
   7-12  constitutional rule requiring bills to be read on three several
   7-13  days in each house be suspended, and this rule is hereby suspended,
   7-14  and that this Act take effect and be in force from and after its
   7-15  passage, and it is so enacted.