By Heflin H.B. No. 2940
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the taxation for property tax purposes of certain items
1-3 of tangible personal property.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (a), Section 23.12A, Tax Code, is
1-6 amended to read as follows:
1-7 (a) In this section:
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;
1-15 (B) must, as a matter of law, be titled in the
1-16 name of the retail purchaser pursuant to Chapter 31, Parks and
1-17 Wildlife Code; or
1-18 (C) would be required, as a matter of law, to be
1-19 titled in the name of the retail purchaser pursuant to Chapter 31,
1-20 Parks and Wildlife Code, but for the exception provided by Section
1-21 31.055, Parks and Wildlife Code.
1-22 (2) "Dealer" means a person who holds a dealer's
1-23 general distinguishing number issued by the Texas Department of
2-1 Transportation under the authority of Article 6686, Revised Civil
2-2 Statutes.
2-3 (3) "Excluded inventory" means that part of an
2-4 applicable inventory that:
2-5 (A) is included in a transaction consisting of
2-6 five or more units sold to a single business entity that has a
2-7 manufacturer's or distributor's fleet identification number
2-8 authorizing the entity to make fleet purchases;
2-9 (B) is included in a transaction between dealers
2-10 or vessel dealers; <or>
2-11 (C) consists of vehicles classified as medium or
2-12 heavy duty trucks of 16,000 pounds gross vehicular weight or more;
2-13 or
2-14 (D) consists of vessels of more than 65 feet in
2-15 length, measured from end to end over the deck, excluding sheer.
2-16 (4) "Owner" means that person responsible for the
2-17 payment of property taxes levied against a special inventory.
2-18 (5) "Sales price" means the total amount of money paid
2-19 or to be paid, and other considerations transferred or to be
2-20 transferred, for the purchase of:
2-21 (A) a motor vehicle as set forth in the form
2-22 entitled "Application for Texas Certificate of Title" promulgated
2-23 by the Texas Department of Transportation;
2-24 (B) a vessel as set forth in the form entitled
2-25 "Application for Texas Certificate of Number/Title for Boat/Seller,
3-1 Donor or Trader's Affidavit" promulgated by the Texas Parks and
3-2 Wildlife Department or as would be set forth in such form, if such
3-3 form were required to be filed; or
3-4 (C) an outboard motor as set forth in the form
3-5 entitled "Application for Texas Certificate of Title for and
3-6 Outboard Motor/Seller, Donor or Trader's Affidavit" promulgated by
3-7 the Texas Parks and Wildlife Department or as would be set forth in
3-8 such form, if such form were required to be filed.
3-9 (6) "Special inventory" means that part of an
3-10 applicable inventory that remains after subtracting units included
3-11 in excluded inventory.
3-12 (7) "Total annual sales" means the total of the sales
3-13 price from every sale of units from a special inventory for a
3-14 12-month period or for that portion of a 12-month period for which
3-15 the owner of a special inventory is responsible for the payment of
3-16 property taxes levied against the special inventory.
3-17 (8) "Vessel dealer" means a person who holds a
3-18 dealer's and manufacturer's number issued by the Texas Parks and
3-19 Wildlife Department under the authority of Section 31.041, Parks
3-20 and Wildlife Code.
3-21 SECTION 2. Subsection (d), Section 23.12A, Tax Code, is
3-22 amended to read as follows:
3-23 (d) Excluded inventory described in Subsections (a)(3)(C)
3-24 and (a)(3)(D) of this section is appraised as provided by Section
3-25 23.12(a) of this code.
4-1 SECTION 3. Subsection (k), Section 23.12B, Tax Code, is
4-2 amended to read as follows:
4-3 (k) Not later than February 1 of each year, or, in the case
4-4 of an owner who was not in business on January 1, not later than 30
4-5 days after commencement of business, each owner shall file a
4-6 special inventory declaration with the chief appraiser and file a
4-7 copy with the county tax assessor-collector. The declaration is
4-8 sufficient to comply with this subsection if it sets forth the
4-9 following information:
4-10 (1) the name and business address of each location at
4-11 which the owner conducts business;
4-12 (2) each of the owner's general distinguishing
4-13 numbers, if the owner has a general distinguishing number issued by
4-14 the Texas Department of Transportation;
4-15 (3) each of the owner's dealer's and manufacturer's
4-16 numbers, if the owner has a dealer's and manufacturer's number
4-17 issued by the Texas Parks and Wildlife Department;
4-18 (4) a statement that the owner is the owner of a
4-19 special inventory; and
4-20 (5) <(4)> the market value of the inventory for the
4-21 current tax year as computed under Section 23.12A(b) of this code.
4-22 SECTION 4. This Act takes effect on January 1, 1996.
4-23 SECTION 5. The importance of this legislation and the
4-24 crowded condition of the calendars in both houses create an
4-25 emergency and an imperative public necessity that the
5-1 constitutional rule requiring bills to be read on three several
5-2 days in each house be suspended, and this rule is hereby suspended.