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."