By:  Armbrister                                        S.B. No. 759

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the appraisal and ad valorem taxation of heavy

 1-2     equipment; providing penalties.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subsections (a) and (f), Section 23.12, Tax Code,

 1-5     are amended to read as follows:

 1-6           (a)  Except as provided by Sections 23.121, 23.1241, [23.12A]

 1-7     and 23.12D [of this code], the market value of an inventory is the

 1-8     price for which it would sell as a unit to a purchaser who would

 1-9     continue the business.  An inventory shall include residential real

1-10     property which has never been occupied as a residence and is held

1-11     for sale in the ordinary course of a trade or business, provided

1-12     that the residential real property remains unoccupied, is not

1-13     leased or rented, and produces no income.

1-14           (f)  The owner of an inventory other than a dealer's motor

1-15     vehicle inventory as that term is defined by [in] Section 23.121, a

1-16     dealer's heavy equipment inventory as that term is defined by

1-17     Section 23.1241, [of this code] or a dealer's vessel and outboard

1-18     motor inventory as that term is defined by [in] Section 23.12D [of

1-19     this code] may elect to have the inventory appraised at its market

1-20     value as of September 1 of the year preceding the tax year to which

1-21     the appraisal applies by filing an application with the chief

1-22     appraiser requesting that the inventory be appraised as of

1-23     September 1.  The application must clearly describe the inventory

 2-1     to which it applies and be signed by the owner of the inventory.

 2-2     The application applies to the appraisal of the inventory in each

 2-3     tax year that begins after the next August 1 following the date the

 2-4     application is filed with the chief appraiser unless the owner of

 2-5     the inventory by written notice filed with the chief appraiser

 2-6     revokes the application or the ownership of the inventory changes.

 2-7     A notice revoking the application is effective for each tax year

 2-8     that begins after the next September following the date the notice

 2-9     of revocation is filed with the chief appraiser.

2-10           SECTION 2.  Subchapter B, Chapter 23, Tax Code, is amended by

2-11     adding Sections 23.1241 and 23.1242 to read as follows:

2-12           Sec. 23.1241.  DEALER'S HEAVY EQUIPMENT INVENTORY; VALUE.

2-13     (a)  In this section:

2-14                 (1)  "Dealer" means a person engaged in the business in

2-15     this state of selling heavy equipment.

2-16                 (2)  "Dealer's heavy equipment inventory" means all

2-17     items of heavy equipment that a dealer holds for sale at retail.

2-18                 (3)  "Dealer-financed sale" means the sale at retail of

2-19     an item of heavy equipment in which the dealer finances the

2-20     purchase of the item, is the sole lender in the transaction, and

2-21     retains exclusively the right to enforce the terms of the agreement

2-22     that evidences the sale.

2-23                 (4)  "Declaration" means a dealer's heavy equipment

2-24     inventory declaration form adopted by the comptroller under this

2-25     section.

 3-1                 (5)  "Fleet transaction" means the sale of five or more

 3-2     items of heavy equipment from a dealer's heavy equipment inventory

 3-3     to the same person in one calendar year.

 3-4                 (6)  "Heavy equipment" means self-propelled,

 3-5     self-powered, or pull-type equipment, including farm equipment or a

 3-6     diesel engine, that weighs at least 3,000 pounds and is intended to

 3-7     be used for agricultural, construction, industrial, maritime,

 3-8     mining, or forestry uses.  The term does not include a motor

 3-9     vehicle that is required by:

3-10                       (A)  Chapter 501, Transportation Code, to be

3-11     titled; or

3-12                       (B)  Chapter 502, Transportation Code, to be

3-13     registered.

3-14                 (7)  "Sales price" means the total amount of money paid

3-15     or to be paid to a dealer for the purchase of an item of heavy

3-16     equipment.

3-17                 (8)  "Subsequent sale" means a dealer-financed sale of

3-18     an item of heavy equipment that, at the time of the sale, has been

3-19     the subject of a dealer-financed sale from the same dealer's heavy

3-20     equipment inventory in the same calendar year.

3-21                 (9)  "Total annual sales" means the total of the sales

3-22     price for each sale from a dealer's heavy equipment inventory in a

3-23     12-month period.

3-24           (b)  For the purpose of the computation of property tax, the

3-25     market value of a dealer's heavy equipment inventory on January 1

 4-1     is the total annual sales, less sales to dealers, fleet

 4-2     transactions, and subsequent sales, for the 12-month period

 4-3     corresponding to the preceding tax year, divided by 12.

 4-4           (c)  For the purpose of the computation of property tax on

 4-5     the market value of the dealer's heavy equipment inventory of an

 4-6     owner who was not a dealer on January 1 of the preceding tax year,

 4-7     the chief appraiser shall estimate the market value of the dealer's

 4-8     heavy equipment inventory.  In making the estimate required by this

 4-9     subsection, the chief appraiser shall extrapolate using sales data,

4-10     if any, generated by sales from the dealer's heavy equipment

4-11     inventory in the preceding tax year.

4-12           (d)  Except for dealer's heavy equipment inventory, personal

4-13     property held by a dealer is appraised as provided by the other

4-14     sections of this code.  In the case of a dealer whose sales from

4-15     the dealer's heavy equipment inventory are made predominately to

4-16     other dealers, the chief appraiser shall appraise the dealer's

4-17     heavy equipment inventory as provided by Section 23.12.

4-18           (e)  A dealer is presumed to be an owner of a dealer's heavy

4-19     equipment inventory on January 1 if, in the 12-month period ending

4-20     on December 31 of the preceding year, the dealer sold an item of

4-21     heavy equipment to a person other than a dealer.  The presumption

4-22     is not rebutted by the fact that a dealer has no item of heavy

4-23     equipment physically on hand for sale from the dealer's heavy

4-24     equipment inventory on January 1.

4-25           (f)  The comptroller by rule shall adopt a dealer's heavy

 5-1     equipment inventory declaration form.  Except as provided by

 5-2     Section 23.1242(k), not later than February 1 of each year, or, in

 5-3     the case of a dealer who was not in business on January 1, not

 5-4     later than 30 days after commencement of business, each dealer

 5-5     shall file a declaration with the chief appraiser and file a copy

 5-6     with the collector.  The declaration is sufficient to comply with

 5-7     this subsection if it sets forth:

 5-8                 (1)  the name and business address of each location at

 5-9     which the declarant conducts business;

5-10                 (2)  a statement that the declarant is the owner of a

5-11     dealer's heavy equipment inventory; and

5-12                 (3)  the market value of the declarant's heavy

5-13     equipment inventory for the current tax year as computed under

5-14     Subsection (b).

5-15           (g)  As provided by this subsection, the chief appraiser may

5-16     examine the books and records of a dealer.  A request made under

5-17     this subsection must be made in writing, must be delivered

5-18     personally to the custodian of the records at a location at which

5-19     the dealer conducts business, must provide a period of not less

5-20     than 15 days for the person to respond to the request, and must

5-21     state that the person to whom the request is addressed has the

5-22     right to seek judicial relief from compliance with the request.  In

5-23     a request made under this section, the chief appraiser may examine:

5-24                 (1)  documentation appropriate to allow the chief

5-25     appraiser to ascertain the applicability of this section and

 6-1     Section 23.1242 to the person; and

 6-2                 (2)  sales records to substantiate information set

 6-3     forth in the declaration filed by the dealer.

 6-4           (h)  If a dealer fails to file a declaration as required by

 6-5     Subsection (f) or if, on the declaration required by Subsection

 6-6     (f), a dealer reports the sale of fewer than five items of heavy

 6-7     equipment in the preceding year, the chief appraiser shall report

 6-8     that fact to the comptroller.

 6-9           (i)  A dealer who fails to file a declaration as required by

6-10     Subsection (f) commits an offense.  An offense under this

6-11     subsection is a misdemeanor punishable by a fine not to exceed

6-12     $500.  Each day that a person fails to file the declaration as

6-13     required by Subsection (f) is a separate violation.

6-14           (j)  In addition to other penalties provided by law, a dealer

6-15     who fails to file a declaration required by Subsection (f) shall

6-16     forfeit a penalty.  A tax lien attaches to the dealer's business

6-17     personal property to secure payment of the penalty.  The

6-18     appropriate district attorney, criminal district attorney, or

6-19     county attorney shall collect the penalty established by this

6-20     section in the name of the chief appraiser or collector.  Venue of

6-21     an action brought under this subsection is in the county in which

6-22     the violation occurred or in the county in which the owner

6-23     maintains the owner's principal place of business or residence.  A

6-24     penalty forfeited under this subsection is $1,000 for each month or

6-25     part of a month in which a declaration is not filed after it is

 7-1     due.

 7-2           Sec. 23.1242.  PREPAYMENT OF TAXES BY HEAVY EQUIPMENT

 7-3     DEALERS.  (a)  In this section:

 7-4                 (1)  "Aggregate tax rate" means the combined tax rates

 7-5     of all appropriate taxing units authorized by law to levy property

 7-6     taxes against a dealer's heavy equipment inventory.

 7-7                 (2)  "Dealer's heavy equipment inventory,"

 7-8     "declaration," "dealer," "sales price," "subsequent sale," and

 7-9     "total annual sales" have the meanings assigned those terms by

7-10     Section 23.1241.

7-11                 (3)  "Statement" means the dealer's heavy equipment

7-12     inventory tax statement filed on a form adopted by the comptroller

7-13     under this section.

7-14                 (4)  "Unit property tax factor" means a number equal to

7-15     one-twelfth of the preceding year's aggregate ad valorem tax rate

7-16     at the location where a dealer's heavy equipment inventory is

7-17     located on January 1 of the current year.

7-18           (b)  Except for an item of heavy equipment sold to a dealer,

7-19     an item of heavy equipment included in a fleet transaction, or an

7-20     item of heavy equipment that is the subject of a subsequent sale,

7-21     an owner or a person who has agreed by contract to pay the owner's

7-22     current year property taxes levied against the owner's heavy

7-23     equipment inventory shall assign a unit property tax to each item

7-24     of heavy equipment sold from a dealer's heavy equipment inventory.

7-25     The unit property tax of each item of heavy equipment is determined

 8-1     by multiplying the sales price of the item by the unit property tax

 8-2     factor.  On or before the 10th day of each month the owner shall,

 8-3     together with the statement filed by the owner as provided by this

 8-4     section, deposit with the collector an amount equal to the total of

 8-5     unit property tax assigned to all items of heavy equipment sold

 8-6     from the dealer's heavy equipment inventory in the preceding month

 8-7     to which a unit property tax was assigned.  The money shall be

 8-8     deposited by the collector to the credit of the owner's escrow

 8-9     account for prepayment of property taxes as provided by this

8-10     section.  An escrow account required by this section is used to pay

8-11     property taxes levied against the dealer's heavy equipment

8-12     inventory, and the owner shall fund the escrow account as provided

8-13     by this subsection.

8-14           (c)  The collector shall maintain the escrow account for each

8-15     owner in the county depository.  The collector is not required to

8-16     maintain a separate account in the depository for each escrow

8-17     account created as provided by this section but shall maintain

8-18     separate records for each owner.  The collector shall retain any

8-19     interest generated by the escrow account to defray the cost of

8-20     administration of the prepayment procedure established by this

8-21     section.  Interest generated by an escrow account created as

8-22     provided by this section is the sole property of the collector and

8-23     that interest may not be used by an entity other than the

8-24     collector.  Interest generated by an escrow account may not be used

8-25     to reduce or otherwise affect the annual appropriation to the

 9-1     collector that would otherwise be made.

 9-2           (d)  The owner may not withdraw funds in an escrow account

 9-3     created under this section.

 9-4           (e)  The comptroller by rule shall adopt a dealer's heavy

 9-5     equipment inventory tax statement form.  A dealer shall complete

 9-6     the form with respect to each item of heavy equipment sold.  A

 9-7     dealer may use no other form for that purpose.  The statement may

 9-8     include the information the comptroller considers appropriate but

 9-9     shall include at least the following:

9-10                 (1)  a description of the item of heavy equipment sold,

9-11     including any unique identification or serial number affixed to the

9-12     item by the manufacturer;

9-13                 (2)  the sales price of the item of heavy equipment;

9-14                 (3)  the unit property tax of the item of heavy

9-15     equipment, if any; and

9-16                 (4)  the reason no unit property tax is assigned if no

9-17     unit property tax is assigned.

9-18           (f)  On or before the 10th day of each month, a dealer shall

9-19     file with the collector the statement covering the sale of each

9-20     item of heavy equipment sold by the dealer in the preceding month.

9-21     A dealer shall file a copy of the statement with the chief

9-22     appraiser and retain documentation relating to the disposition of

9-23     each item of heavy equipment sold.  A chief appraiser or collector

9-24     may examine documents held by a dealer as provided by this

9-25     subsection in the same manner, and subject to the same conditions,

 10-1    as provided by Section 23.1241(g).

 10-2          (g)  Except as provided by this subsection, Subsection (f)

 10-3    applies to any dealer, regardless of whether a dealer owes heavy

 10-4    equipment inventory tax for the current year.  A dealer who owes no

 10-5    heavy equipment inventory tax for the current year because the

 10-6    dealer was not in business on January 1:

 10-7                (1)  shall file the statement required by this section

 10-8    showing the information required by this section for each month

 10-9    that the dealer is in business; and

10-10                (2)  may not assign a unit property tax to an item of

10-11    heavy equipment sold by the dealer or remit money with the

10-12    statement except in compliance with the terms of a contract as

10-13    provided by Subsection (k).

10-14          (h)  A taxing unit shall, on its tax bill prepared for the

10-15    owner of a dealer's heavy equipment inventory, separately itemize

10-16    the taxes levied against the dealer's heavy equipment inventory.

10-17    When the tax bill is prepared for a dealer's heavy equipment

10-18    inventory, the assessor for the taxing unit, or an entity, if any,

10-19    other than the collector, that collects taxes on behalf of the

10-20    taxing unit, shall provide the collector a true and correct copy of

10-21    the tax bill sent to the owner, including taxes levied against the

10-22    dealer's heavy equipment inventory.  The collector shall apply the

10-23    money in the owner's escrow account to the taxes imposed and

10-24    deliver a tax receipt to the owner.  The collector shall apply the

10-25    amount to each appropriate taxing unit in proportion to the amount

 11-1    of taxes levied, and the assessor of each taxing unit shall apply

 11-2    the funds received from the collector to the taxes owed by the

 11-3    owner.

 11-4          (i)  If the amount in the escrow account is not sufficient to

 11-5    pay the taxes in full, the collector shall apply the money to the

 11-6    taxes and deliver to the owner a tax receipt for the partial

 11-7    payment and a tax bill for the amount of the deficiency together

 11-8    with a statement that the owner must remit to the collector the

 11-9    balance of the total tax due.

11-10          (j)  The collector shall remit to each appropriate taxing

11-11    unit the total amount collected by the collector in deficiency

11-12    payments.  The assessor of each taxing unit shall apply those funds

11-13    to the taxes owed by the owner.  Taxes that are due but not

11-14    received by the collector on or before January 31 are delinquent.

11-15    Not later than February 15, the collector shall distribute to each

11-16    appropriate taxing unit in the manner provided by this section all

11-17    funds collected under authority of this section and held in escrow

11-18    by the collector under this section.  This section does not impose

11-19    a duty on a collector to collect delinquent taxes that the

11-20    collector is not otherwise obligated by law or contract to collect.

11-21          (k)  A person who acquires the business or assets of an owner

11-22    may, by contract, agree to pay the current year heavy equipment

11-23    inventory taxes owed by the owner.  The owner who owes the current

11-24    year tax and the person who acquires the business or assets of the

11-25    owner shall jointly notify the chief appraiser and the collector of

 12-1    the terms of the agreement and of the fact that the other person

 12-2    has agreed to pay the current year heavy equipment inventory taxes

 12-3    owed by the dealer.  The chief appraiser and the collector shall

 12-4    adjust their records accordingly.  Notwithstanding Section 23.1241,

 12-5    a person who agrees to pay current year heavy equipment inventory

 12-6    taxes as provided by this subsection is not required to file a

 12-7    declaration until the year following the acquisition.  This

 12-8    subsection does not relieve the selling owner of the tax liability.

 12-9          (l)  A dealer who fails to file a statement as required by

12-10    this section commits an offense.  An offense under this subsection

12-11    is a misdemeanor punishable by a fine not to exceed $100.  Each day

12-12    that a dealer fails to comply with this subsection is a separate

12-13    violation.

12-14          (m)  In addition to other penalties provided by law, a dealer

12-15    who fails to file a statement as required by this section shall

12-16    forfeit a penalty.  A tax lien attaches to the owner's business

12-17    personal property to secure payment of the penalty.  The

12-18    appropriate district attorney, criminal district attorney, or

12-19    county attorney shall collect the penalty established by this

12-20    section in the name of the chief appraiser or collector.  Venue of

12-21    an action brought under this subsection is in the county in which

12-22    the violation occurred or in the county in which the owner

12-23    maintains the owner's principal place of business or residence.  A

12-24    penalty forfeited under this subsection is $500 for each month or

12-25    part of a month in which a statement is not filed after it is due.

 13-1          (n)  An owner who fails to remit unit property taxes due as

 13-2    required by this section shall pay a penalty of five percent of the

 13-3    amount due.  If the amount is not paid within 10 days after the due

 13-4    date, the owner shall pay an additional penalty of five percent of

 13-5    the amount due.  Notwithstanding this section, unit property taxes

 13-6    paid on or before January 31 of the year following the date on

 13-7    which they are due are not delinquent.  The collector, the

 13-8    collector's designated agent, or the county or district attorney

 13-9    shall enforce this subsection.  A penalty under this subsection is

13-10    in addition to any other penalty provided by law if the owner's

13-11    taxes are delinquent.

13-12          (o)  A fine collected under this section shall be deposited

13-13    in the county depository to the credit of the general fund.  A

13-14    penalty collected under this section is the sole property of the

13-15    collector, may be used by no entity other than the collector, and

13-16    may not be used to reduce or otherwise affect the annual

13-17    appropriation to the collector that would otherwise be made.

13-18          (p)  Section 23.123 applies to a declaration or statement

13-19    filed under this section in the same manner in which that section

13-20    applies to a statement or declaration filed as required by Section

13-21    23.121 or 23.122.

13-22          SECTION 3.  This Act takes effect January 1, 1998, and

13-23    applies only to a tax year that begins on or after that date.

13-24          SECTION 4.  The importance of this legislation and the

13-25    crowded condition of the calendars in both houses create an

 14-1    emergency and an imperative public necessity that the

 14-2    constitutional rule requiring bills to be read on three several

 14-3    days in each house be suspended, and this rule is hereby suspended.