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 * * * * *