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.