By Brown                                              S.B. No. 1153

         Substitute the following for S.B. No. 1153:

         By Heflin                                         C.S.S.B. No. 1153

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the appraisal and ad valorem taxation of certain types

 1-3     of personal property.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 23.12D(a), Tax Code, is amended by

 1-6     amending Subdivisions (11) and (14) and adding Subdivision (15) to

 1-7     read as follows:

 1-8                 (11)  "Sales price" means the total amount of money

 1-9     paid or to be paid for the purchase of:

1-10                       (A)  a vessel, other than a trailer that is

1-11     treated as a vessel, as set forth as "sales price" in the form

1-12     entitled "Application for Texas Certificate of Number/Title for

1-13     Boat/Seller, Donor of Trader's Affidavit" promulgated by the Parks

1-14     and Wildlife Department; [or]

1-15                       (B)  an outboard motor as set forth as "sales

1-16     price" in the form entitled "Application for Texas Certificate of

1-17     Title for an Outboard Motor/Seller, Donor or Trader's Affidavit"

1-18     promulgated by the Parks and Wildlife Department; or

1-19                       (C)  a trailer that is treated as a vessel as set

1-20     forth as "sales price" in the form entitled "Application for Texas

1-21     Certificate of Title" promulgated by the Texas Department of

1-22     Transportation.

1-23           In a transaction involving a vessel, [or] an outboard motor

1-24     or a trailer that is treated as a vessel that does not involve the

 2-1     use of one of these [either] forms, the term means an amount of

 2-2     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 [either] forms 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.  Section 23.12D(j), Tax Code, is amended to read

2-25     as follows:

2-26           (j)  A dealer [person] who violates Subsection (g) [(h)] of

2-27     this section commits an offense.  An offense under this subsection

 3-1     is a misdemeanor punishable by a fine not to exceed $500.  Each day

 3-2     during which a dealer [person] fails to comply with the terms of

 3-3     Subsection (g) [(h)] of this section is a separate violation.

 3-4           SECTION 3.  This Act takes effect January 1, 1998.

 3-5           SECTION 4.  The importance of this legislation and the

 3-6     crowded condition of the calendars in both houses create an

 3-7     emergency and an imperative public necessity that the

 3-8     constitutional rule requiring bills to be read on three several

 3-9     days in each house be suspended, and this rule is hereby suspended.