By Rusling, Averitt, et al. H.J.R. No. 107
A JOINT RESOLUTION
1-1 proposing a constitutional amendment relating to the exemption from
1-2 ad valorem taxation by certain taxing units of certain tangible
1-3 personal property held at a location for not more than a specified
1-4 period.
1-5 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article VIII, Texas Constitution, is amended by
1-7 adding Section 1-m to read as follows:
1-8 Sec. 1-m. (a) To promote economic development in this
1-9 state, goods, wares, merchandise, other tangible personal property,
1-10 and ores, other than oil, natural gas, and other petroleum
1-11 products, are exempt from ad valorem taxation if:
1-12 (1) the property is acquired in or imported into this
1-13 state to be forwarded to another location in this state or outside
1-14 this state, whether the intention to forward the property to
1-15 another location in this state or outside this state is formed or
1-16 the destination to which the property is forwarded is specified
1-17 when the property is acquired in or imported into this state;
1-18 (2) the property is detained at a location in this
1-19 state for assembling, storing, manufacturing, processing, or
1-20 fabricating purposes by the person who acquired or imported the
1-21 property;
1-22 (3) the property is transported to another location in
1-23 this state or outside of this state not later than 270 days after
2-1 the date the person acquired or imported the property in this
2-2 state; and
2-3 (4) the exemption is adopted by the governing body of
2-4 a taxing unit.
2-5 (b) Subsection (a) of this section does not apply to a
2-6 school district created under Section 3, Article VII, Texas
2-7 Constitution, other than a junior college district.
2-8 (c) For purposes of this section:
2-9 (1) tangible personal property includes aircraft and
2-10 aircraft parts;
2-11 (2) property imported into this state includes
2-12 property brought into this state;
2-13 (3) property forwarded to another location in this
2-14 state or outside this state includes property transported to
2-15 another location in this state or outside this state or to be
2-16 affixed to an aircraft to be transported to another location in
2-17 this state or outside this state; and
2-18 (4) property detained at a location in this state for
2-19 assembling, storing, manufacturing, processing, or fabricating
2-20 purposes includes property, aircraft, or aircraft parts brought
2-21 into this state or acquired in this state and used by the person
2-22 who acquired the property, aircraft, or aircraft parts in or who
2-23 brought the property, aircraft, or aircraft parts into this state
2-24 for the purpose of repair or maintenance of aircraft operated by a
2-25 certificated air carrier.
3-1 (d) If the governing body of a taxing unit to which
3-2 Subsection (a) of this section applies adopts the exemption
3-3 authorized by this section, the governing body may provide that the
3-4 exemption applies in the tax year in which the exemption is adopted
3-5 and each subsequent tax year, or that the exemption applies in each
3-6 tax year that begins on or after January 1 of the tax year in which
3-7 the exemption is adopted.
3-8 SECTION 2. Article VIII, Texas Constitution, is amended by
3-9 adding Section 1-m-1 to read as follows:
3-10 Sec. 1-m-1. The constitutional amendment proposed by the
3-11 74th Legislature, Regular Session, 1995, to provide for the
3-12 exemption from ad valorem taxation by certain taxing units of
3-13 certain tangible personal property held at a location for not more
3-14 than a specified period, takes effect January 1, 1996. This
3-15 section expires January 1, 1997.
3-16 SECTION 3. This proposed constitutional amendment shall be
3-17 submitted to the voters at an election to be held November 7, 1995.
3-18 The ballot shall be printed to permit voting for or against the
3-19 proposition: "The constitutional amendment relating to the
3-20 promotion of equal tax treatment for products produced, acquired,
3-21 and distributed in the State of Texas by extending the exemption
3-22 from ad valorem taxation of certain tangible personal property held
3-23 at a location for not more than a specified period."