BILL ANALYSIS
S.B. 833
By: Madla (Rodriguez)
May 3, 1995
Committee Report (Unamended)
BACKGROUND
Chapter 151, Subchapter H, provides exemptions from the limited
sales, excise, and use tax. Currently, aircraft that are used for
the exclusive purpose of training or instructing pilots in a
licensed course of instruction are exempt from the tax. However,
aircraft that are operated by licensed carriers of persons or
property are also exempt from the tax for repair, remodeling and
maintenance services, and machinery, tools and equipment used or
consumed exclusively in the repair remodeling or maintenance of
aircraft components or parts.
PURPOSE
This bill extends the sales and use tax exemption for aircraft to
allow people engaged in flight instruction to have the same tax
exemptions as those licensed to carry passengers.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Sections 151.328 (Aircraft), Subsections (a),
(b), (d), and (e), Tax Code.
(a) Expands the exemption granted in Subsection (a)(2).
The additional language clarifies that an aircraft is
exempted from the taxes imposed by this chapter if it
is sold to a person who has a sales tax permit issued
under this chapter and uses the aircraft for the purpose
of providing flight instruction that is: (i) recognized
by the FAA; (ii) under the supervision of an FAA
certified instructor; and (iii) is designed to lead to
a pilot certificate or rating issued or required by the
FAA.
(b) The exemption is amended by clarifying that any
repair, remodeling, and maintenance service that is
performed on an aircraft, including an engine or other
component part of the aircraft, operated by a person
described by Subsection (a)(1) or (a)(2) is exempted
from the taxes imposed by this Chapter.
(d) The exemption covering machinery, tools and
equipment is expanded to include supplies. This
exemption is granted to persons described by Subsection
(a)(1) or (a)(2).
(e) Exempts from the taxes imposed by this chapter,
tangible personal property that is permanently affixed
or attached as a component part of an aircraft owned or
operated by a person described in Subsection (a)(1) or
(a)(2), or that is necessary for the normal operations
of the aircraft and is pumped, poured, or otherwise
placed in the aircraft.
SECTION 2. This Act takes effect on the first day of the first
calendar quarter beginning on or after the date
that it may take effect under Section 39, Article
III, Texas Constitution. Additionally, the change
in law made by this Act does not affect taxes
imposed before the effective date of this Act.
SECTION 3. Emergency clause.
SUMMARY OF COMMITTEE ACTION
On May 3, 1995, the committee met in a formal meeting and
considered S.B. 833. By a record vote of 8 ayes, 0 nays, 0 present
not voting and 3 absent, the committee voted to report S.B. 833 to
the House without amendment with the recommendation that it be sent
to the Local and Consent Calendar and that it do pass.