By Counts H.B. No. 1532
74R5590 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the ad valorem taxation of implements of husbandry held
1-3 by a dealer.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 23.12A(a), Tax Code, is amended by
1-6 amending Subdivisions (1), (2), and (5) and adding Subdivision (8)
1-7 to read as follows:
1-8 (1) "Applicable inventory" means an inventory that is
1-9 held for resale and that consists of individual units of personal
1-10 property, each unit of which:
1-11 (A) must, as a matter of law, be titled in the
1-12 name of the retail purchaser and be registered with the Texas
1-13 Department of Transportation through the office of the county tax
1-14 assessor-collector; or
1-15 (B) is an implement of husbandry.
1-16 (2) "Dealer" means a person who:
1-17 (A) holds a dealer's general distinguishing
1-18 number issued by the Texas Department of Transportation under the
1-19 authority of Article 6686, Revised Statutes; or
1-20 (B) is engaged in the business of selling
1-21 implements of husbandry.
1-22 (5) "Sales price" means the total amount of money paid
1-23 or to be paid to a dealer for the purchase of:
1-24 (A) a motor vehicle as set forth in the form
2-1 entitled "Application for Texas Certificate of Title" promulgated
2-2 by the Texas Department of Transportation; or
2-3 (B) an implement of husbandry.
2-4 (8) "Implement of husbandry" has the meaning assigned
2-5 that term by Section 1, Chapter 88, General Laws, Acts of the 41st
2-6 Legislature, 2nd Called Session, 1929 (Article 6675a-1, Vernon's
2-7 Texas Civil Statutes).
2-8 SECTION 2. Section 23.12B(k), Tax Code, is amended to read
2-9 as follows:
2-10 (k) Not later than February 1 of each year, or, in the case
2-11 of an owner who was not in business on January 1, not later than 30
2-12 days after commencement of business, each owner shall file a
2-13 special inventory declaration with the chief appraiser and file a
2-14 copy with the county tax assessor-collector. The declaration is
2-15 sufficient to comply with this subsection if it sets forth the
2-16 following information:
2-17 (1) the name and business address of each location at
2-18 which the owner conducts business;
2-19 (2) each of the owner's general distinguishing
2-20 numbers, if the owner is a dealer described by Section
2-21 23.12A(a)(2)(A) of this code and has a general distinguishing
2-22 number issued by the Texas Department of Transportation;
2-23 (3) a statement that the owner is the owner of a
2-24 special inventory; and
2-25 (4) the market value of the inventory for the current
2-26 tax year as computed under Section 23.12A(b) of this code.
2-27 SECTION 3. (a) This Act takes effect January 1, 1996.
3-1 (b) The market value of an inventory of implements of
3-2 husbandry for purposes of 1996 ad valorem taxation is determined
3-3 under Section 23.12A, Tax Code, as amended by this Act, using total
3-4 annual sales or other applicable sales data of that inventory for
3-5 the 1995 calendar year.
3-6 SECTION 4. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended.