AN ACT
1-1 relating to the appraisal and ad valorem taxation of certain types
1-2 of personal property; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 23.12D, Tax Code, is
1-5 amended by amending Subdivisions (11) and (14) and adding
1-6 Subdivision (15) to read as follows:
1-7 (11) "Sales price" means the total amount of money
1-8 paid or to be paid for the purchase of:
1-9 (A) a vessel, other than a trailer that is
1-10 treated as a vessel, as set forth as "sales price" in the form
1-11 entitled "Application for Texas Certificate of Number/Title for
1-12 Boat/Seller, Donor or Trader's Affidavit" promulgated by the Parks
1-13 and Wildlife Department; [or]
1-14 (B) an outboard motor as set forth as "sales
1-15 price" in the form entitled "Application for Texas Certificate of
1-16 Title for an Outboard Motor/Seller, Donor or Trader's Affidavit"
1-17 promulgated by the Parks and Wildlife Department; or
1-18 (C) a trailer that is treated as a vessel as set
1-19 forth as "sales price" in the form entitled "Application for Texas
1-20 Certificate of Title" promulgated by the Texas Department of
1-21 Transportation.
1-22 In a transaction involving a vessel, [or] an outboard motor,
1-23 or a trailer that is treated as a vessel that does not involve the
2-1 use of one of these forms [either form], the term means an amount
2-2 of money that is equivalent, or substantially equivalent, to the
2-3 amount that would appear as "sales price" on [either] the
2-4 Application for Texas Certificate of Number/Title for Boat/Seller,
2-5 Donor or Trader's Affidavit, [or] the Application for Texas
2-6 Certificate of Title for an Outboard Motor/Seller, Donor or
2-7 Trader's Affidavit, or the Application for Texas Certificate of
2-8 Title if one of these forms [either form] were involved.
2-9 (14) "Vessel" has the meaning given it by Section
2-10 31.003, Parks and Wildlife Code, except such term shall not
2-11 include:
2-12 (A) vessels of more than 65 feet in length,
2-13 measured from end to end over the deck, excluding sheer; and
2-14 (B) canoes, kayaks, punts, rowboats, rubber
2-15 rafts, or other vessels under 14 feet in length when paddled,
2-16 poled, oared, or windblown.
2-17 The term "vessel" also includes trailers that are treated as
2-18 vessels as defined in this section.
2-19 (15) "Trailer treated as a vessel" means a vehicle
2-20 that:
2-21 (A) is designed to carry a vessel; and
2-22 (B) is either a "trailer" or "semitrailer" as
2-23 such terms are defined by Section 501.002, Transportation Code.
2-24 SECTION 2. Subsection (j), Section 23.12D, Tax Code, is
2-25 amended to read as follows:
3-1 (j) A dealer [person] who violates Subsection (g) [(h)] of
3-2 this section commits an offense. An offense under this subsection
3-3 is a misdemeanor punishable by a fine not to exceed $500. Each day
3-4 during which a dealer [person] fails to comply with the terms of
3-5 Subsection (g) [(h)] of this section is a separate violation.
3-6 SECTION 3. This Act takes effect January 1, 1998.
3-7 SECTION 4. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1153 passed the Senate on
April 24, 1997, by the following vote: Yeas 29, Nays 0; and that
the Senate concurred in House amendment on May 29, 1997, by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1153 passed the House, with
amendment, on May 28, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor