1-1 By: Hartnett (Senate Sponsor - Brown) H.B. No. 366 1-2 (In the Senate - Received from the House April 18, 1995; 1-3 April 19, 1995, read first time and referred to Committee on 1-4 Finance; May 16, 1995, reported favorably by the following vote: 1-5 Yeas 8, Nays 0; May 16, 1995, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the exemption from ad valorem taxation of 1-9 income-producing tangible personal property and mineral interests 1-10 having a value of less than a certain amount. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Subchapter B, Chapter 11, Tax Code, is amended by 1-13 adding Sections 11.145 and 11.146 to read as follows: 1-14 Sec. 11.145. INCOME-PRODUCING TANGIBLE PERSONAL PROPERTY 1-15 HAVING VALUE OF LESS THAN $500. (a) A person is entitled to an 1-16 exemption from taxation of the tangible personal property the 1-17 person owns that is held or used for the production of income if 1-18 that property has a taxable value of less than $500. 1-19 (b) The exemption provided by Subsection (a) applies to each 1-20 separate taxing unit in which a person holds or uses tangible 1-21 personal property for the production of income, and, for the 1-22 purposes of Subsection (a), all property in each taxing unit is 1-23 aggregated to determine taxable value. 1-24 Sec. 11.146. MINERAL INTEREST HAVING VALUE OF LESS THAN 1-25 $500. (a) A person is entitled to an exemption from taxation of a 1-26 mineral interest the person owns if the interest has a taxable 1-27 value of less than $500. 1-28 (b) The exemption provided by Subsection (a) applies to each 1-29 separate taxing unit in which a person owns a mineral interest and, 1-30 for the purposes of Subsection (a), all mineral interests in each 1-31 taxing unit are aggregated to determine value. 1-32 SECTION 2. Section 11.43(a), Tax Code, is amended to read as 1-33 follows: 1-34 (a) To receive an exemption, a person claiming the 1-35 exemption, other than an exemption authorized by Section 11.11, 1-36 11.12, 11.14, 11.145, 11.146, 11.15, 11.16, or 11.161 of this code, 1-37 must apply for the exemption. To apply for an exemption, a person 1-38 must file an exemption application form with the chief appraiser 1-39 for each appraisal district in which the property subject to the 1-40 claimed exemption has situs. 1-41 SECTION 3. This Act takes effect January 1, 1996, but only 1-42 if the constitutional amendment proposed by the 74th Legislature, 1-43 Regular Session, 1995, authorizing the legislature to exempt from 1-44 ad valorem taxation personal property and mineral interests having 1-45 a value insufficient to recover the administrative costs of 1-46 collecting the taxes is approved by the voters. If that amendment 1-47 is not approved by the voters, this Act has no effect. 1-48 SECTION 4. The importance of this legislation and the 1-49 crowded condition of the calendars in both houses create an 1-50 emergency and an imperative public necessity that the 1-51 constitutional rule requiring bills to be read on three several 1-52 days in each house be suspended, and this rule is hereby suspended. 1-53 * * * * *