AN ACT
1-1 relating to the listing on an ad valorem tax appraisal roll of
1-2 possessory interests in certain property used in the operation or
1-3 development of a port or waterway or in aid of navigation-related
1-4 commerce.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subsection (b), Section 25.07, Tax Code, is
1-7 amended to read as follows:
1-8 (b) Except as provided by Subsections (b) and (c) of Section
1-9 11.11 of this code, a leasehold or other possessory interest in
1-10 exempt property may not be listed if:
1-11 (1) the property is permanent university fund land;
1-12 (2) the property is county public school fund
1-13 agricultural land;
1-14 (3) the property is a part of a public transportation
1-15 facility owned by an incorporated city or town and:
1-16 (A) is an airport passenger terminal building or
1-17 a building used primarily for maintenance of aircraft or other
1-18 aircraft services, for aircraft equipment storage, or for air
1-19 cargo;
1-20 (B) is an airport fueling system facility;
1-21 (C) is in a foreign-trade zone:
1-22 (i) that has been granted to a joint
1-23 airport board under Chapter 129, Acts of the 65th Legislature,
2-1 Regular Session, 1977 (Article 1446.8, Vernon's Texas Civil
2-2 Statutes);
2-3 (ii) the area of which in the portion of
2-4 the zone located in the airport operated by the joint airport board
2-5 does not exceed 2,500 acres; and
2-6 (iii) that is established and operating
2-7 pursuant to federal law; or
2-8 (D)(i) is in a foreign trade zone established
2-9 pursuant to federal law after June 1, 1991, which operates pursuant
2-10 to federal law;
2-11 (ii) is contiguous to or has access via a
2-12 taxiway to an airport located in two counties, one of which has a
2-13 population of 500,000 or more according to the federal decennial
2-14 census most recently preceding the establishment of the foreign
2-15 trade zone; and
2-16 (iii) is owned, directly or through a
2-17 corporation organized under the Development Corporation Act of 1979
2-18 (Article 5190.6, Vernon's Texas Civil Statutes), by the same
2-19 incorporated city or town which owns the airport;
2-20 (4) the interest is in a part of a park, market,
2-21 fairground, or similar public facility that is owned by an
2-22 incorporated city or town;
2-23 (5) the interest involves only the right to use the
2-24 property for grazing or other agricultural purposes; [or]
2-25 (6) the property is owned by the Texas National
3-1 Research Laboratory Commission or by a corporation formed by the
3-2 Texas National Research Laboratory Commission under Section
3-3 465.008(g), Government Code, and is used or is useful in connection
3-4 with an eligible undertaking as defined by Section 465.021,
3-5 Government Code; or
3-6 (7) the property is:
3-7 (A) owned by a municipality, a public port, or a
3-8 navigation district created or operating under Section 59, Article
3-9 XVI, Texas Constitution, or under a statute enacted under Section
3-10 59, Article XVI, Texas Constitution; and
3-11 (B) used as an aid or facility incidental to or
3-12 useful in the operation or development of a port or waterway or in
3-13 aid of navigation-related commerce.
3-14 SECTION 2. This Act takes effect January 1, 1998.
3-15 SECTION 3. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 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. 1739 passed the Senate on
April 23, 1997, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 23, 1997, by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1739 passed the House, with
amendment, on May 10, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor